Discussion for article #226574
Hired killers kill, and weâre shocked when that happens?
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Wow, this article is very depressing. Even with 4 eye-witnesses to the event and knowing Brown was shot at least six times, the shooter most likely will get off.
Seems like there is no constructive recourse for the black community other than a quick and drastic change of leadership in Ferguson.
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Mostly they walk because the only other witnesses in such extra-judicial killings are fellow cops. They tend to close rank tightly. And only sometimes a pesky civilian witness with a camera or clear eyes. I was such a witness once, and it was pretty clear to me that the âsystemâ was really hoping I would not upset their version of events, which was 90% written by the time I was interviewed.
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We donât want to believe that the people we hire to protect us could be the people who want to harm us, and so we give them a huge benefit of the doubt.
By custom, not by law.
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If the DA feels sufficient political pressure he might mount an indictment, albeit half-heartedly, intending to fumble it.
This thing is at a real impasse where the only likely thing to settle the community is charges against Darren Wilson, charges observers suggest are not forthcoming (though I thought I heard the police chief promising something along these lines for this Wednesday).
I found the following two articles helpful (if depressing):
The âobjective reasonablenessâ standard established by the Supreme Court is law.
And itâs a pretty big benefit of the doubt given to police officers.
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If this officer is not held accountable this will definitely become a powder keg fueling national outrage.
Two different things are going on here though⌠there is seeking justice for the death of Michael Brown And the abuse of the rights of people.
When you see people coming in to join the protest I think it is for both of these reasons. They are claiming that people are coming from all around to cause trouble as if outside support is unwelcome and that is just wrong. How these people are treated reflects on all of us and how we may be treated. What happens with this case affects all of us.
The way that the authorities are treating people is only feeding the anger. Telling people they have to keep moving⌠that would infuriate me. Peaceful assembly is a right and telling people they have to keep moving is a violation of that. Just because you âsayâ youâre not violating peopleâs rights doesnât mean that you are not⌠itâs what you want to believe maybe.
Lifting the curfew was quite a symbolic gesture when youâve chosen to violate rights in a different way. And then bringing in the National Guard symbolically what does that say? Then people are more angry.
And now you point out that there is unlikely to be justice for this young manâs death. How are people supposed to respond to that?
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Most of these cases fall short of being absolutely clear-cut obvious with irrefutable documentation (near perfect video or multiple unquestionable witnesses)
- and typically anything that ends up in the âgray zoneâ ends up falling in the direction of giving the officer âthe benefit of the doubtâ
Cops have killed their wives and their partners and have gotten away it over and over again. Local and state prosecutors donât want to dismantle the blue wall because it would generate nothing but ill will in the specific local police department that was involved. Itâs complicated and ultimately very sad but law enforcement prosecutors will protect their own.
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A somewhat similar case happened in Toronto last year, with a cop firing 9 bullets into a young man, The cop has been charged with 2nd degree murder AND attempted murder. The difference? The young man (white) was wielding a knife and had threatened several people on a streetcar and was still holding the knife and not obeying the cop to put down his weapon. The other difference? The Toronto cop fired 3 shots, and then fired 6 more. Itâs the 6 more shots which got him charged.
Whatâs happening in Ferguson is outrageous, and if the cop is not charged, and coupled with the Trayvon Martin shooting, then I foresee both whites and blacks across the nation marching on Washington to try to find justice in your great nation. Right now, justice is losing â big time. It is to weepâŚ
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Judges, too, are part of the mix of enabling.
âŚbut I see another award in his futureâŚ
And an A+ rating and lifetime subscription to NRA
District Attorneys are also loathe to charge cops because police unions are extremely powerful and would be a major opposing force in any future election.
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Possibly youâve heard the advice never to date copsâmainly for the reasons you and this article describe: thereâs nothing to prevent him from assaulting you, stealing from you, murdering you. Itâs not as if the law will protect you.
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Something not mentioned is the Missouri law regarding the use of deadly force by an officer, which is at http://www.moga.mo.gov/statutes/chapters/chap563.htm under 563.046.
âhe reasonably believes that such use of deadly force is immediately necessary to effect the arrest also reasonably believes that the person to be arrested [âŚ] Has committed or attempted to commit a felonyâ (Reaching into the cop car perhaps?)
and at the bottom of the page
âNotwithstanding the provisions of section 563.016, a person who uses force as described in sections [âŚ] 563.046 [âŚ] is justified in using such force and such fact shall be an absolute defense to criminal prosecution or civil liability.â
This is why Wilson is going to get away with it.
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I think the officer may be brought up on some sort of charges like unnecessary force or civil rights violations, but heâll be ultimately acquitted if there is no video of the altercation beside the police car that vindicates the victim.
Everytime one of these incidents happens, itâs just intensifies the frustration and anger building up among young blacks in this country. There will be more Fergusons and the protests will get worse with every one.
But as Hispanics increase in numbers, I believe they will cease their political clout with the help of their Catholic community. Just like the Irish and Germans immigrants before them, they will register and by urged to vote in local elections.
Maybe because blacks have never had such a strong unified force as the Catholic Church tending to their needs after slavery ended, these large numbers of culturally isolated young black males are unaware of the power of registering and voting n municipal elections against those that torment them in these small communities. If they arenât going to church regularly, they arenât getting the message?
If you are in the majority, you have to vote to unlock the power.you possess and use it.
Voting in just national elections doesnât cut it either Why arenât the black churches in Ferguson not conducting voter registration drives along West Florissant Avenue instead of holding rallies away from where those in need are congregating in hopeless futility?
I see a definite lack of community cohesiveness among black protestors on the streets of Ferguson. Where is the local black leadership that should be leading this protest, laying down goals and offering guidance?
Just praying for mercy is a sure way to insure youâll be attending more funerals of young black men in the future. MLK stepped out of the pulpit and made civil rights his missionary work along he streets of this nationâs black ghettos. Itâs time for other black church leaders to do the same.
Well there goes whatâs carved in stone on the lintel of the door to the Supreme Court:
Equal justice Under Law
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âReasonablenessâ applies to many types of legal analyses, and it is a moving target.
I agree that as currently contextualized it is a pretty big benefit of the doubt, but you wouldnât even have to change the jury instructions for a juror or series of jurors to believe that what is reasonable may not be represented by the D.A. It doesnât get over the hurdle of prosecutorial discretion, but in the event of a trial Iâm not sure you could insist any 12 citizens settle in on the prosecutionâs definition of reasonableness.
I guess what Iâm getting at is, the audience has changed (conceivably), and maybe the standard gets raised a little higher when people interpret that definition and what they consider reasonable.
At least one person mentioned it (sorry I canât remember where): other than this type indictment, what other legal recourse would there be? Civil Rights violation? Help me out hereâŚ?