#BlackLivesMatter is a just and vital political tool in the fight against police brutality. The problem is that it reduces to a matter of race a series of legal scenarios that are about race but also -- in addition -- a problem with the Fourth and Fifth Amendments that prosecutors and judges have done nothing whatsoever to remedy.
Looking back on the violations of justice that characterized British rule in pre-Constitutional America, it is easy to see the Founders' intent in creating the Fifth Amendment. A government's ability to inflict harm on its people, whether by taking their lives, imprisoning them, or confiscating their property, was to be checked by due process.
The United States will be riveted on Dzokhar Tsarnaev when he goes on trial on Nov. 3, 2014, for allegedly murdering three people and injuring 264 on April 15, 2013, when he and his brother Tamerlan allegedly placed two bombs near the finish line of that day's Boston Marathon. Legal experts and scholars, though, might conclude that the first Boston Marathon bombing trial is more legally significant.