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Submarine Sandpaper
May 27, 2007


Taeke posted:

Isn't a large part of the outrage also because the officers themselves often don't seem to give a poo poo and fail to provide basic medical care or call in for medical assistance when it's obviously warranted? I can understand the former because they're not medically trained but the latter is inexcusable.
It's usually better to leave a body if you gently caress up as a cop.

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Submarine Sandpaper
May 27, 2007


Getting shot 16 times in the leg probably won't lead to a higher survivor rate than being shot 16 times in the body.

Submarine Sandpaper
May 27, 2007


Zwabu posted:

Kind of a bigger entity than the Ferguson PD. Any chance of this resulting in changes in police practices, in Chicago and elsewhere, as a long term result? It is kind of serving notice that the DOJ is paying attention to all this.
Well Cleveland agreed back in 04, from an earlier Clinton investigation, (iirc) not to shoot at cars unless there was immediate threat to life, then shot 137 bullets into a car after a chase so no, not really. Similar situation in Miami and I'm going to go out on a limb and assume others have regressed too. Doesn't help that Bush basically ignored the DOJ's ability to investigate civil rights abuses with teeth and if a republican president is elected the current trend of having them will likely go away as well.

Submarine Sandpaper fucked around with this message at 23:12 on Dec 7, 2015

Submarine Sandpaper
May 27, 2007


Also note the tradition of the dash cam video magically loosing sound at the time of shooting, the cop using the flashlight to look for his shell casings rather than render aid after seeing that yes, he did indeed shoot the person, but still isn't the threshold of criminal as defined by the DA:

quote:

A persona acts with criminal negligence when: 1) He or she acts in a reckless way that creates a high risk of death or great bodily injury; and 2) A reasonable person would have known that acting in that way would create such a risk. In other words, a person acts with criminal negligence when the way he or she acts is so different from the way an ordinarily careful person would actin the same situation that his or her act amounts to disregard of human life or indifference tot he consequence of that act." And any proof of criminal negligence is upon the prosecution to prove beyond a reasonable doubt. The facts here do not rise to that proof.

To my eyes the video does not look at all as if it was accidental and the officer did shoot twice, but you can't confirm that because the sound was cut off.

Submarine Sandpaper
May 27, 2007


Jarmak posted:

There's a massive difference, twirling a loaded firearm on your finger by the trigger-well is is astoundingly dangerous, and aiming a gun at someone you're trying to arrest is a standard practice.
Did you watch the video?

Submarine Sandpaper
May 27, 2007


Radish posted:

The entire premise is ridiculous. If a drug operation is so paltry that the suspects can flush it in the time it takes for the police to knock on the door and show their warrant it's not worth potentially killing the people inside or worse killing totally innocent people when you get the wrong loving house. The fact that politicians just ignore this issue is shameful.
The people who are most often affected by these are already disenfranchised re: felony voting/poor so they don't need to give a gently caress.

Submarine Sandpaper
May 27, 2007


shrike82 posted:

Are black people going to riot about this?
I'd hope more than black. I don't see anything forming downtown yet though.

Submarine Sandpaper
May 27, 2007


shrike82 posted:

White people participating wouldn't be helpful.
:allears:

Submarine Sandpaper
May 27, 2007


Illegal Username posted:

Regarding the bail system: does a person get the bail money back after the process is over?
Yes, if you have enough money to front the entity of the bail. If they use a bondsman they forfeit that 10% (bondsman gets the money back) and I assume their contracts stipulate that you loose the 10% even if charges are dropped. So people with 150k handy have no impact to their life, a person without it will loose 15k or their livelyhood if there are trumped up charges (which seems to only happen to people without 150k.)

Submarine Sandpaper
May 27, 2007


Click on his post history. Same old poo poo, different day.

Submarine Sandpaper
May 27, 2007


Meta Ridley posted:

So was the police response of not aiding Tamir, checking for a pulse or anything after shooting him also correct? And tackling and cuffing his 14 year old sister while she watched her brother die, unable to help? What exactly was her crime??

I can't believe anyone is defending this poo poo unless you don a white ghost outfit in your off-time. It is the most outrageous example of blatant racist murdering of a child, committed by our government, the police know they hosed up and lied their rear end off in their reports, yet they still have a team of internet fuckoffs defending them.

And I still have yet to see Tamir point his toy gun at anyone. I've seen him point a gun forward, above a gray blob and not even at it, or to the right, but not at anyone.
They blamed the sister's reaction to her brother being shot as to why the officers did not provide medical aid.

Submarine Sandpaper
May 27, 2007


He's well enough connected that it won't happen.

Submarine Sandpaper
May 27, 2007


MariusLecter posted:

The state's case is that Tamir Rice deserved to die.

Justice has been done.
Unironically what the prosecutor and DR believe.

Submarine Sandpaper
May 27, 2007


Monaghan posted:

Is there something wrong with this? I don't think prosecutors should try cases in which they don't have a reasonably good shot of conviction.
It's an incentive against trying sexual assaults and the like.

Submarine Sandpaper
May 27, 2007


Monaghan posted:

Okay, but prosecutors have an ethical duty to only go after prosecutions when they think a jury is more likely to convict a person than not. I don't see why sexual assault charges should get an exemption from the standard. If the proseuctors thinks he has little chance of conviction, why should he waste the court's and the defendants time? Not to mention the legal bills the defendant will have to rack up in defending the charge.

I get that sexual assault is a touchy subject and notiriously difficult to prove, but I'm wary of giving different charges different standards.
Prosecutors have an ethical duty to go after cases where a crime has been committed, nothing more (maybe pursuing campaign promises). The GJ is meant to be the check whether or not there's enough evidence for the state to pursue the case. Court costs for defendants that are egregiously charged is another area of reform which should not be a consideration in regards to prosecutors' conduct as activism exists with jury nullification (lol) and judge discretion but should never reside upon the attorneys. For a pure conviction rate it's ironically easier to prosecute disenfranchised individuals via plea deals/mandatory minimums regardless of if a crime has been commuted.

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Submarine Sandpaper
May 27, 2007


Monaghan posted:

I'm Canadian and my previous post had the legal standard they use up here. You can't just say " a crime's been committed." A prosecutor should only go forward if they can prove it in court. If they don't have enough admissible evidence to support a conviction they shouldn't prosecute. There are a ton of cases in which the prosecutor likely thinks something happened. However, given that they can't prove it, they don't go forward with the charges. That's how the system is supposed to work.
This does happen in the US; more so if the victim is a minority or woman. There are also cases you semi-frequently see in the news where a case is pursued that's entirely fabricated. Having a suspect should necessitate the existence of probable cause or other evidence and if that does not exist then the grand jury should be the check to an overly ambitious prosecutor.

quote:

Which is dumb because it's a waste of time and the prosecutor almost always get's enough evidence to show there is grounds for charging the defendant. IMO this area is addressed in prosecutorial discretion.
Yes it is, but it's more designed to handle abuses of the office rather than a logistical bottleneck for the court. In Ohio they're only used and required for felonies. There's a reason the term "will indite a ham sandwich" or w/e exists.

quote:

I think that prospector's should consider the costs to a defendant in longshot cases. If a prosecutor goes forward with a case it knows has little chance of winning, it's costing the defendant a great deal of money. They don't get this money back if they are found not guilty. Pretty much only way they can get it back is if an abuse of process action is found.
Costs for both the state and defendant should be inconsequential to a prosecutor. I assure you this does enter into consideration when it comes time to strong arm deals for Jay walking or Loitering or failure to use a turn signal or a warrant for backed court fees. Poor people are revenue generators. Read the DOJ Ferguson report to see how prosecutor discretion is used now.

quote:

I have no idea why you brought up judge discretion and jury nullification as I can't see how they relate to this topic at all.
Those are the two parties in a court that should be able to act with discretion outside the law. In practice it's rare though and usually benefits people with "afluenza" or the like.

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