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Mr_Jefferson_24

(8,559 posts)
Sun May 19, 2013, 07:27 PM May 2013

Poll question -- You're serving as a juror...

... in a criminal case where the defendant, a 60 year old female, has pleaded not guilty claiming justifiable self-defense for killing six police officers serving a search warrant outside her front door who were using a battering ram to force their way in after being refused entry. The accused does not deny opening up on the officers with an AR-15 assault rifle from an upstairs bedroom window, intentionally killing all six officers with head shots.

Defense counsel calls only one witness, his client, and asks only one question: "What happened?" The defendant replies, "I saw six police officers outside my front door trying to force their way into my home, I feared for my life, I took appropriate defensive action." And then the defense rests.

Given the out of control police state we're rapidly evolving into, how do you vote?

Note: Drink this in before you vote: http://www.democraticunderground.com/1017119388


32 votes, 1 pass | Time left: Unlimited
Guilty
28 (88%)
Not Guilty
4 (13%)
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Disclaimer: This is an Internet poll
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Poll question -- You're serving as a juror... (Original Post) Mr_Jefferson_24 May 2013 OP
I say give her the death penalty... at an Olive Garden... carried out by Pit Bulls. Bucky May 2013 #1
And what medicine would you prescribe for the officers ... Mr_Jefferson_24 May 2013 #3
I think you already said that all the cops were killed. Bucky May 2013 #6
You win Bucky -- Uncle already! Mr_Jefferson_24 May 2013 #13
stabbed in the head with a stick arely staircase May 2013 #47
Nah, killed with head shots dr.strangelove May 2013 #109
Traditionally, Judge Bean serves whiskey in his saloon/courtroom. n/t backscatter712 May 2013 #49
lol. make mine straight. nt clarice May 2013 #101
After shopping at Wallmart ismnotwasm May 2013 #5
paid for.... Bucky May 2013 #7
You know it ismnotwasm May 2013 #15
Corn flake chicken for the last meal. pintobean May 2013 #21
Cooked by a circumcised chef. Who owns a pit bull. That's neither spayed nor neutered. 11 Bravo May 2013 #106
guilty Swamp Lover May 2013 #2
And in the case of an out of control K9... Mr_Jefferson_24 May 2013 #8
+1 Dawson Leery May 2013 #11
That would be a different poll. nt oldhippie May 2013 #19
It would be foolish H2O Man May 2013 #4
Take a chance, be a fool H20 Man... Mr_Jefferson_24 May 2013 #9
You go ahead. H2O Man May 2013 #12
So this is not a valid question? Mr_Jefferson_24 May 2013 #14
As I stated H2O Man May 2013 #16
Ok, but don't come crying to me years from now when this thread has long since been archived... Mr_Jefferson_24 May 2013 #22
Gosh. H2O Man May 2013 #24
Not too late to change your mind -- c'mon, you can do it... Mr_Jefferson_24 May 2013 #31
Far too late H2O Man May 2013 #39
Not if you apply the presumption of innocence. rug May 2013 #23
Not true. H2O Man May 2013 #27
Assuming there was no trial order of dismissal for lack of a prima facie case, rug May 2013 #30
Nope. H2O Man May 2013 #35
Listen H20 Man... Mr_Jefferson_24 May 2013 #45
In the name of justice, H2O Man May 2013 #51
PS: H2O Man May 2013 #61
Now you're talkin' Mr_Jefferson_24 May 2013 #73
Soon I'll be H2O Man May 2013 #75
I'll have to do a bit of homework, we'll see. Mr_Jefferson_24 May 2013 #91
Yup. rug May 2013 #58
It's a weak OP, H2O Man May 2013 #59
evidence presented (for the pros) giftedgirl77 May 2013 #90
You assume the warrant was being properly executed. rug May 2013 #93
But they did have a search warrant muriel_volestrangler May 2013 #48
Is it a no knock warrant? Were they serving it at the wrong address (not that that ever happens)? rug May 2013 #55
Six head shots to bypass body armor. Six murders. Period. DevonRex May 2013 #60
There's nothing in there about body armor or anything about refusing entry. rug May 2013 #62
"after being refused entry" - it's in the OP muriel_volestrangler May 2013 #65
Yes, I saw that below. rug May 2013 #67
I can tell you DevonRex May 2013 #71
What you can tell me is not evidence rug May 2013 #72
The OP also specifies they were refused entry muriel_volestrangler May 2013 #64
I missed that. rug May 2013 #66
Based on your verdict of 'not guilty' for the 6 deaths muriel_volestrangler May 2013 #70
First of all, a verdict says nothing about a juror's "value of life". rug May 2013 #74
Your disregard for the officers' lives is shown by considering their deaths a reasonable response muriel_volestrangler May 2013 #96
Is your regard for human life dependent on the color of the shooter's uniform? rug May 2013 #100
We know the police officers did not enter before she shot them muriel_volestrangler May 2013 #104
So, was Diallo's shooting justified. rug May 2013 #105
In the USA, a reasonable person can interpret such a movement in that situation muriel_volestrangler May 2013 #107
So one can. But how do you come down on it? rug May 2013 #115
What do you do? Shoot the hostage in the knee; take 'em out of the equation. Bucky May 2013 #10
Of course... Mr_Jefferson_24 May 2013 #34
There are times when shouts of "Help! Police!" are a cry of warning. . . Journeyman May 2013 #17
sorry, but that police state defines the laws. nt Deep13 May 2013 #18
Ahhh, heavily loaded hypothetical polls. (nt) Posteritatis May 2013 #20
Heavily loaded? Isn't that what Mr_Jefferson_24 May 2013 #26
It depends. Does she use corn flakes when she fries chicken? Autumn May 2013 #25
I wish I'd thought about that... Mr_Jefferson_24 May 2013 #28
Occasional corn flakes are a gateway to hell. Autumn May 2013 #29
I said occasionallly but I meant almost never... Mr_Jefferson_24 May 2013 #32
Almost never means she has done it at some time or another. Autumn May 2013 #33
Fair enough... Mr_Jefferson_24 May 2013 #37
I suppose if she had accidentally used corn flakes only once Autumn May 2013 #42
You're tough but fair Autumn... Mr_Jefferson_24 May 2013 #50
Don;t expect protection from the law Progressive dog May 2013 #36
And "protection from the law" is the operative phrase here too... Mr_Jefferson_24 May 2013 #38
Don't reword what I said, protection of all of us Progressive dog May 2013 #46
The fear for your life has to be reasonable treestar May 2013 #40
Really? Mr_Jefferson_24 May 2013 #41
That's not in your hypothetical here treestar May 2013 #43
Don't make me hit the alert button Treestar. Mr_Jefferson_24 May 2013 #52
Go ahead and hit the alert if you think making a factually geek tragedy May 2013 #112
LOL, so for the DU, criminals dressed as police have free rein! I LOVE IT! Logical May 2013 #44
And to think you call yourself Logical? Mr_Jefferson_24 May 2013 #54
Explain how you know the people at the door are real cops? What stops any intruder from.... Logical May 2013 #56
There is no requirement for police to "knock and announce"... Gravitycollapse May 2013 #68
I have never understood why shooting a cop who enters with a no-knock warrant would be a crime..... Logical May 2013 #76
It's a crime because you are knowingly shooting a peace officer. Gravitycollapse May 2013 #79
I agree, if you knew it should be a crime. But a person woken up might not think clearly. n-t Logical May 2013 #83
Someone not thinking clearly shouldn't be handling a firearm. Gravitycollapse May 2013 #85
Here is an interesting story.....Two actually...... Logical May 2013 #86
What you're suggesting is profiling. Gravitycollapse May 2013 #89
What stops any intruder from kicking in your front door and yelling "police"? Nothing. snooper2 May 2013 #102
In that we don't support the right to murder cops, sure. geek tragedy May 2013 #111
Mrs. Youngblood's case is entirely different from the one you gave as an example. pacalo May 2013 #53
I would not shoot at them, ZombieHorde May 2013 #57
Guilty. She identified them as police before shooting. HooptieWagon May 2013 #63
No, she didn't. The OP referred to them as police officers, She didn't. rug May 2013 #80
The OP quotes her testimony.... HooptieWagon May 2013 #84
That's true but it doesn't say when she knew they were police, before or after the fact. rug May 2013 #95
"Police or gang members" Mr_Jefferson_24 May 2013 #81
That wasn't the subject of the poll. HooptieWagon May 2013 #88
The defendant would have to demonstrate a good reason for her fear. Gravitycollapse May 2013 #69
Are cops not required to demostrate good reason for their fear... Mr_Jefferson_24 May 2013 #77
I would not be afraid of uniformed officers entering my residents. Gravitycollapse May 2013 #82
Not Guilty BlueJazz May 2013 #78
Given the ineptitude of police Savannahmann May 2013 #87
The fucking cops gopiscrap May 2013 #92
The question lacks sufficient information to make a proper determination of guilt of innocence Nimajneb Nilknarf May 2013 #94
Thanks for your input Nimajneb... Mr_Jefferson_24 May 2013 #97
Anyone who Needs an AR-15 assault rifle loses points up front. onehandle May 2013 #98
Not guilt in Florida! Sancho May 2013 #99
I might have voted Not Guilty, but for this: Buzz Clik May 2013 #103
Ah yes... Mr_Jefferson_24 May 2013 #108
Your martyrdom is noted and given all due consideration. LanternWaste May 2013 #113
Legally, the person is guilty beyond a reasonable doubt of geek tragedy May 2013 #110
At present 24 of your... Mr_Jefferson_24 May 2013 #114
If police have a search warrant, you're legally required to let them in. geek tragedy May 2013 #116

Bucky

(53,947 posts)
1. I say give her the death penalty... at an Olive Garden... carried out by Pit Bulls.
Sun May 19, 2013, 07:30 PM
May 2013

Make that "breast-feeding pit bulls". Because freedom isn't free.

Mr_Jefferson_24

(8,559 posts)
3. And what medicine would you prescribe for the officers ...
Sun May 19, 2013, 07:34 PM
May 2013

Last edited Sun May 19, 2013, 08:45 PM - Edit history (1)

... responsible for this Judge Bucky Bean?

http://www.democraticunderground.com/1017119388

Bucky

(53,947 posts)
6. I think you already said that all the cops were killed.
Sun May 19, 2013, 07:36 PM
May 2013

I mean, duh, why would you want to punish dead police officers? Unless they're zombies. Which actually would make sense after they've been bitten by the pitbulls.

Mr_Jefferson_24

(8,559 posts)
8. And in the case of an out of control K9...
Sun May 19, 2013, 07:37 PM
May 2013

... turned loose on you while you sleep? Then what? Let him chew you up, then call your lawyer?

Mr_Jefferson_24

(8,559 posts)
9. Take a chance, be a fool H20 Man...
Sun May 19, 2013, 07:38 PM
May 2013

... it's not so painful really -- I do it every day, you can ask my wife.

H2O Man

(73,510 posts)
12. You go ahead.
Sun May 19, 2013, 07:40 PM
May 2013

I tend to think of legal issues as providing a much better opportunity for serious discussions.

Mr_Jefferson_24

(8,559 posts)
14. So this is not a valid question?
Sun May 19, 2013, 07:45 PM
May 2013

How do you think the O J Simpson jury would vote in this poll?

Don't you think the Police State we're evolving into is dangerous? Is it unreasonable to assume the police may at some point become widely viewed as more dangerous than most criminals, and that this might be reflected in jury decisions?

I didn't post this poll question as a joke.







H2O Man

(73,510 posts)
16. As I stated
Sun May 19, 2013, 07:48 PM
May 2013

in my original post on this thread, only one side of the case was presented.

There is a reason why every time a judge instructs a jury at the beginning of a trial, they tell jurors to wait until they hear all the evidence before reaching a decision.

This, too, is not a joke. I would like to assume that you would agree it is a valid instruction.

Mr_Jefferson_24

(8,559 posts)
22. Ok, but don't come crying to me years from now when this thread has long since been archived...
Sun May 19, 2013, 07:56 PM
May 2013

... thinking back on how you blew your chance to participate in the poll -- I'm just gonna say, "Sorry H20 Man, but most of life's decisions are made with imperfect information, you should've voted, now you're just gonna have to live with it."

H2O Man

(73,510 posts)
24. Gosh.
Sun May 19, 2013, 07:59 PM
May 2013

I suspect that day will never come, but if it does, I'll have to accept the heavy price of my utter failure here.

Perhaps rather than posting a painfully incomplete fantasy question, you might have opted to make use of a real-life court case with similar circumstances. The Dino Butler case comes to mind.

Mr_Jefferson_24

(8,559 posts)
31. Not too late to change your mind -- c'mon, you can do it...
Sun May 19, 2013, 08:14 PM
May 2013

... you know you want to. We can't grow if we don't step outside our comfort zone once in a while H20 Man.

This poll needs you, and more importantly, you need this poll.

H2O Man

(73,510 posts)
39. Far too late
Sun May 19, 2013, 08:32 PM
May 2013

for that. "You can't teach an old dog is a penny earned," you know (H2O Man v. USA DOJ et al; 128506 E.; Section 9).

 

rug

(82,333 posts)
23. Not if you apply the presumption of innocence.
Sun May 19, 2013, 07:59 PM
May 2013

No evidence of justified entry has been presented. Therefore, the case fails.

H2O Man

(73,510 posts)
27. Not true.
Sun May 19, 2013, 08:04 PM
May 2013

If, for example, we were to pretend that this is real, or even potentially possible, your post falls upon its face.

The prosecution must present a case in any and every criminal trial. There is simply no possibility than the defense would start, and that their presentation would be the sum total of all evidence presented to the jury.

"Tis noble to hold to the presumption of innocence. Very noble, indeed. But a rational mind is also required, wouldn't you agree?

 

rug

(82,333 posts)
30. Assuming there was no trial order of dismissal for lack of a prima facie case,
Sun May 19, 2013, 08:13 PM
May 2013

the only thing you've heard is her evidence.

You can't convict on what you've heard.

During voir dire, when jurors are asked, "How would you vote right now, guilty, not guilty or I don't know", better than half usually raise their hands and say I don't know. Which is of course the wrong answer. If you don't know, you can't convict.

This is a golden opportunity to instruct on the presumption of innocence (a rule of evidence really), the burden of proof, reasonable doubt and the defendant's right to do nothing at trial.

A trial is not about weighing "both sides of the story". It's all about weighing the prosecution's case. Here, you've heard nothing of it. You must acquit, regardless of any surmise or speculation.

H2O Man

(73,510 posts)
35. Nope.
Sun May 19, 2013, 08:23 PM
May 2013

What you are describing is distinct from what you are trying to ascribe it to.

Defense attorneys can ask a judge to dismiss a case, due to lack of evidence. In fact, they can do so in a pre-trial motion, or in a motion to dismiss after the prosecution presents its case.

But it could never happen by way of the jury hearing the defense present its witness(es).

Our system of justice is flawed, and has very real problems. Yet adding fantasy situations that can never happen does not present any meaningful options for discussing them, or any of the other fantasy issues applied to the OP.

Also, it is true thaqt prosecutors have the burden of proving their case ..... one votes either "guilty" or "not guilty." But, as everty judge instructs every jury in a criminal case that goes to a jury trial, they should wait to hear all of the evidence before reaching a conclusion. To assume that only involves weighing the prosecutor's case would be to fail in one's solemn duty, for good defense attorneys frequently raise "reasonable doubt" (even where the accused may well be "guilty," but the prosecutor simply has proven it beyond a reasonable doubt) ..... and even a somewhat-talented defense attorney can do so with a client who is actually innocent of the charges.

It's probably better if we stick to what actually can happen in a criminal case.

Mr_Jefferson_24

(8,559 posts)
45. Listen H20 Man...
Sun May 19, 2013, 08:52 PM
May 2013

... if that is your real name, do me favor and go to the fridge, get yourself a couple Pale Ales and knock them back in the next 15 minutes or so. Then, as you feel the courage building inside you, get your ass back here and you VOTE DAMMIT!!!

H2O Man

(73,510 posts)
51. In the name of justice,
Sun May 19, 2013, 08:55 PM
May 2013

I will meet you half-way: I do have two beers (brewed in Cooperstown, NY) in the kitchen. I will consume them, and continue to participate here.

However, two facts remain: (1) I drink beer at room-temperature; and (2) I am 3/4 Irish, and am at risk for becoming rigid while drinking.

H2O Man

(73,510 posts)
61. PS:
Sun May 19, 2013, 09:17 PM
May 2013

Abbey Ale ("Dubbel Ale&quot , quite dark at that. Never understood those who willingly chill a dark beer or ale. Not that I favor criminal prosecution for such an offensive offense. But cold doesn't do these justice.

H2O Man

(73,510 posts)
75. Soon I'll be
Sun May 19, 2013, 10:01 PM
May 2013

channeling the spirit of Jim Morrison in Miami. I expect you to post a new OP about that trial's evidence, too.

 

rug

(82,333 posts)
58. Yup.
Sun May 19, 2013, 09:07 PM
May 2013

Evidence is precluded or deemed inadmissible all the time at trial.

The verdict is based on what's left. There is nothing here on which to base a conviction.

The pattern jury instructions also routinely emphasize that the defense need not present any evidence.

I do know what actually happens in a criminal jury case. As we're not in a courtroom but simply in this thread, the vote is obvious.

H2O Man

(73,510 posts)
59. It's a weak OP,
Sun May 19, 2013, 09:14 PM
May 2013

made weaker by attempts to pretend it is in any sense reality-based.

There are, as I mentioned above, real life cases of a similar nature ..... though as they actually happened, and resulted in trials with real evidence presented in the curious manner that takes place in court ..... and which might be the source of a meaningful discussion of the two primary issues introduced in this OP/thread. I mentioned Butler's case, in which two AIM activists were found "not guilty" of the same crime that Leonard Peltier was wrongly convicted of. That case involved the right to defend one's self & property, as well as the abuses of how "evidence" -- both real and faked -- can be either introduced, or excluded, from being presented to a jury.

 

giftedgirl77

(4,713 posts)
90. evidence presented (for the pros)
Sun May 19, 2013, 10:34 PM
May 2013

The first paragraph clearly states that they were using the battering ram to gain entrance to the home in an attempt to serve a warrant after being refused entry by the homeowner.

So by that evidence the police were legally justified in their actions in gaining entry to the home via force to execute the warrant.

From the facts presented here the police were not acted unlawfully nor had they even entered the home at the time of the homeowner opening fire on them, thus nullifying her self defense case.

 

rug

(82,333 posts)
93. You assume the warrant was being properly executed.
Sun May 19, 2013, 11:39 PM
May 2013

The warrant exception to the Fourth Amendment is narrowly drafted. No evidence has been presented that the warrant was being executed at the right time, place and location specified in the warrant. it may have been but a juror cannot assume so. The evidence is lacking.

Furthermore, it is not shown whether the police were in uniform or that the refusal was made after they properly identified themselces.

The verdict must be based on what is shown not what is supposed.

muriel_volestrangler

(101,271 posts)
48. But they did have a search warrant
Sun May 19, 2013, 08:53 PM
May 2013

Now, you can pretend that the entirety of the prosecution case is the summary given in the OP; but it doesn't say that would be all the prosecution has to say, word for word, while it does explicitly give the entire defence presentation. But, in reality, any prosecution would tell you what the search warrant was for, for instance.

But we do at least know a search warrant was granted for some reason; therefore, there is some evidence of justified entry, and in practice, you'd know more.

Do you value property over life so much that, even if a person truly knew a search warrant was being improperly served, it's OK for them to deliberately kill all those trying to serve it? There is no mention of any threat to the person - just breaking the door down.

 

rug

(82,333 posts)
55. Is it a no knock warrant? Were they serving it at the wrong address (not that that ever happens)?
Sun May 19, 2013, 09:00 PM
May 2013

All that a juror has to go by is what is actually presented.

No, I value life much higher than property. That's why I don't want six armed people barging into a house with a battering ram. (Not that innocent people are ever killed while executing a search warrant, valid or not.)

Returning to this hypothetical, you're right, there is no evidence. You must acquit.

DevonRex

(22,541 posts)
60. Six head shots to bypass body armor. Six murders. Period.
Sun May 19, 2013, 09:14 PM
May 2013

If they had the wrong address she would have told them that instead of refusing entry.

 

rug

(82,333 posts)
62. There's nothing in there about body armor or anything about refusing entry.
Sun May 19, 2013, 09:22 PM
May 2013

All you have is evidence of six homicides, not six murders. There's no evidence at all of murder which is a very specific crime with very specific elements.

Next time I'm confronted in my living room by six armed people with a battering ram, I'll be sure to say "excuse me" while I go to get the electric bill to show them the address.

muriel_volestrangler

(101,271 posts)
65. "after being refused entry" - it's in the OP
Sun May 19, 2013, 09:31 PM
May 2013

And the defendant was upstairs ("The accused does not deny opening up on the officers with an AR-15 assault rifle from an upstairs bedroom window, intentionally killing all six officers with head shots&quot . I worry that you don't read evidence put in front of you.

 

rug

(82,333 posts)
67. Yes, I saw that below.
Sun May 19, 2013, 09:36 PM
May 2013

Now go read the rest of the reply.

Oh, don't forget to point out the body armor.

DevonRex

(22,541 posts)
71. I can tell you
Sun May 19, 2013, 09:44 PM
May 2013

that in a case where LE is forcibly entering a home in that manner, they will have body armor on. And it will be visible. The OP specified shots to the head.

 

rug

(82,333 posts)
72. What you can tell me is not evidence
Sun May 19, 2013, 09:49 PM
May 2013

unless you're on the stand and cross-examined about the specific facts of a specific case.

Look, I can sit here and opine ad nauseam on this, as can you. In the end it sheds light only on our particular leanings and not a whit toward establishing a single fact. But if the arena is a criminal court of law, the presumption of innocence is on the defendant and the burden of establishing those facts is on "LE". Period.

muriel_volestrangler

(101,271 posts)
64. The OP also specifies they were refused entry
Sun May 19, 2013, 09:28 PM
May 2013

so a knock, or other means of starting communication with someone inside, happened.

The defence has not disputed that a search warrant existed, that entry was refused, and that the defendant deliberately shot 6 police officers, in possession of a search warrant. Why do you think that police officers, who have a search warrant, can be held to be a reasonable danger to life for breaking down a door? Your value of life has allowed 6 people doing a job, who have never made any threat to the defendant (who is upstairs, not behind the door), to be killed.

There is evidence. We have heard that entry to the house, after a search warrant was shown, was refused. That is evidence.

 

rug

(82,333 posts)
66. I missed that.
Sun May 19, 2013, 09:35 PM
May 2013

Still, it has not been established that they were executing it at the right place. The evidence of a search warrant is not evidence that it was properly and lawfully executed.

And your presumption of my "value of life" is based on what? Do you want to hear my presumption of your value of police activities over that of citizens?

muriel_volestrangler

(101,271 posts)
70. Based on your verdict of 'not guilty' for the 6 deaths
Sun May 19, 2013, 09:44 PM
May 2013

when the only evidence that the defence gave is that the defendant feared for her life. No threat to her was mentioned. The door was being broken down. The existence of a search warrant is not reasonable evidence that there was a threat to her life. Nor is the breaking down of the door (we know someone refused entry, but there was a warrant; the defence has not attempted to say why entry was refused).

If you had voted 'other', I could see your point. But, as it is, your disregard for the lives of the officers is appalling. Even if we did know it was the wrong address, that would not give reason to believe her safety was in immediate danger that justifies killing them.

 

rug

(82,333 posts)
74. First of all, a verdict says nothing about a juror's "value of life".
Sun May 19, 2013, 10:00 PM
May 2013

The only "value" of a verdict is whether it is based on facts established and the law given.

I did presume that your proclivity was deference to authority but after that statement I see you're more likely to inject a personal moral view than to follow even the instructions given you by that authority, to which you otherwise seem eager to defer.


Evidence:

The woman feared for her life. Unrebutted.

Her door was broken down. Unrebutted

A search warrant was issued. Unrebutted.

The search warrant was executed when and where it was intended. Unestablished.



My "disregard for the lives of the officers". Unestablished. (Not to mention, irrelevant.)

Your projection. Established beyond a reasonable doubt.




muriel_volestrangler

(101,271 posts)
96. Your disregard for the officers' lives is shown by considering their deaths a reasonable response
Mon May 20, 2013, 05:54 AM
May 2013

to them breaking down a door after entry, with a search warrant, was refused. The act of breaking down the door did not put the woman in danger - she was upstairs.

A jury considers what a reasonable person would do (as long as a defence of mental incapacity hasn't been used, which it hasn't in this case - there's no claim of paranoia distorting her response). Is shooting 6 officers, from a place of safety, in the head (so she knew there is a good chance it would kill them) a reasonable response to breaking down a door after the refusal to obey a search warrant? No.

Given your argument, have you had any thoughts on the Zimmerman case? Your line of argument here - that if a defendant says "I feared for my life" then it's going to have to be accepted as true - seems to show you think he should be found not guilty.

 

rug

(82,333 posts)
100. Is your regard for human life dependent on the color of the shooter's uniform?
Mon May 20, 2013, 01:46 PM
May 2013

Your disregard for the scant facts here is leading you into great leaps.

The circumstances of the entry are not known.

Whether the warrant was shown is not known.

The house is not described so your assumption that she was in "a place of safety" is not stated.

What is reasonable is a hybrid subjective/objective test based upon all extant circumstances, which are not statwed.

Zimmerman has nothing to do with this scenario. Although if you want to inject extraneous cases, tell me your view of the Amadou Diallo case.

http://en.wikipedia.org/wiki/Amadou_Diallo_shooting

muriel_volestrangler

(101,271 posts)
104. We know the police officers did not enter before she shot them
Mon May 20, 2013, 02:04 PM
May 2013

"killing six police officers serving a search warrant outside her front door"

"from an upstairs bedroom window" - this is a place of safety, when the police are outside, breaking a door.

"after being refused entry" - I think this say the warrant was shown (not necessarily to the woman, but that does not mean it's reasonable to assume her life is in danger)

They were outside; she was upstairs. She was not in danger from them breaking down the door.

Zimmerman's defence is based on "I feared for my life"; it's very relevant here, since "I feared for my life" is the whole defence, and only Zimmerman can explain that fear, since there were no witnesses. The Diallo case is less relevant, since there was an action by the victim which some people might think could be interpreted as indicating immediate danger - reaching into clothing to remove something, after being challenged by police. I deplore the availability of guns in the USA, which allows police to say that an unknown movement could likely be reaching for a gun.

 

rug

(82,333 posts)
105. So, was Diallo's shooting justified.
Mon May 20, 2013, 02:10 PM
May 2013

You do, after all, state "there was an action by the victim which some people might think could be interpreted as indicating immediate danger - reaching into clothing to remove something, after being challenged by police." Are you one of those "some people".

I deplore the daily incidents of police brutality and the support it readily garners.

muriel_volestrangler

(101,271 posts)
107. In the USA, a reasonable person can interpret such a movement in that situation
Mon May 20, 2013, 02:39 PM
May 2013

to be "they could be taking out a gun", and that would be immediate danger. This then allows the police to use the 'reasonable person would fear' defence. That doesn't make the killing justified; but I think it makes the acquital justified, because reasonable doubt has been shown.

What do you think the verdict on Zimmerman should be, given what you know?

 

rug

(82,333 posts)
115. So one can. But how do you come down on it?
Mon May 20, 2013, 05:04 PM
May 2013

If you've been reading any part of this subthread you'd know what my opinion would be, not guilty. There hasn't been any evidence presented in a court of law so that must be the verdict. Presumption of innocence and all, pesky concepts.

What you're really asking is my opinion based on the various news accounts.

Mr_Jefferson_24

(8,559 posts)
34. Of course...
Sun May 19, 2013, 08:23 PM
May 2013

... ALWAYS shoot the hostage, Bucky, as for removing them from the equation, I ain't no mathematicalaticianer.

Journeyman

(15,026 posts)
17. There are times when shouts of "Help! Police!" are a cry of warning. . .
Sun May 19, 2013, 07:49 PM
May 2013

a signal of danger rather than a plea for help.

Mr_Jefferson_24

(8,559 posts)
26. Heavily loaded? Isn't that what
Sun May 19, 2013, 08:02 PM
May 2013

... the cops will always be when they come to serve a warrant at someone's residence suspected of growing a marijuana.

Hypothetical polls are good for your posteritatis -- at least that's what my doctor told me.

Mr_Jefferson_24

(8,559 posts)
28. I wish I'd thought about that...
Sun May 19, 2013, 08:05 PM
May 2013

How would you vote if she used corn flakes only occasionally when she fries chicken?

Autumn

(44,985 posts)
33. Almost never means she has done it at some time or another.
Sun May 19, 2013, 08:20 PM
May 2013

Can you imagine the horror that chicken would feel if it knew it was going to be dipped in corn flakes? Unforgivable.

Mr_Jefferson_24

(8,559 posts)
37. Fair enough...
Sun May 19, 2013, 08:27 PM
May 2013

... now let's just suppose, just suppose you understand, that she only did it one time, ONE TIME in all her 60 years, and that was because she'd lost her glasses, couldn't see, and inadvertently picked up the box of Corn Flakes instead of the pickled pigs feet batter (an accident).

Now how do you vote?

Autumn

(44,985 posts)
42. I suppose if she had accidentally used corn flakes only once
Sun May 19, 2013, 08:40 PM
May 2013

and if she has just eaten a drumstick cooked in the pickled pigs feet batter (an accident) while laying in bed reading her Nook and being jolted out of bed and she wasn't wearing her glasses when she shot the cops in the head from her upstairs bedroom window then I would have to find her innocent by reason of insanity. Secretly, I would be impressed, no glasses and 6 head shots is pretty damn amazing. I would have missed and tore the hell out of the lawn.

Progressive dog

(6,899 posts)
36. Don;t expect protection from the law
Sun May 19, 2013, 08:25 PM
May 2013

for someone who got away with killing representatives of the law. If you want to see me vote not guilty, then poll what would a juror do to the seventh police officer who emptied his gun into her when she tried to surrender.

Mr_Jefferson_24

(8,559 posts)
38. And "protection from the law" is the operative phrase here too...
Sun May 19, 2013, 08:31 PM
May 2013

Just where was this woman's "protection from the law"?

http://www.democraticunderground.com/1017119388

Should we need protection FROM the law -- I thought protection of the citizenry was part of their job description.

Progressive dog

(6,899 posts)
46. Don't reword what I said, protection of all of us
Sun May 19, 2013, 08:52 PM
May 2013

from each other is an essential part of the law. Believe it or not, it also protects police from nuts with guns. If someone kills 6 police officers then they have to take the consequences. If in anger, fear, grief, or whatever reason, one of those human police officers kills the killer, I would have a hard time finding the officer guilty of any crime.
You do need protection from the law if you intend to murder others. I expect the police to arrest criminals.
If the police acted in an illegal manner, her recourse is in the courts.

treestar

(82,383 posts)
40. The fear for your life has to be reasonable
Sun May 19, 2013, 08:35 PM
May 2013

Not reasonable here. Let them execute the search warrant and complain about it to the courts.

Mr_Jefferson_24

(8,559 posts)
41. Really?
Sun May 19, 2013, 08:37 PM
May 2013

Would it have been reasonable here?

http://www.democraticunderground.com/1017119388

Executing the search warrant should not mean a K9 mauling of the homeowner as she sleeps -- I hope we can agree on that.

 

geek tragedy

(68,868 posts)
112. Go ahead and hit the alert if you think making a factually
Mon May 20, 2013, 04:37 PM
May 2013

accurate observation about your OP violates community standards.

 

Logical

(22,457 posts)
56. Explain how you know the people at the door are real cops? What stops any intruder from....
Sun May 19, 2013, 09:04 PM
May 2013

kicking in your front door and yelling "police"? Nothing.

Gravitycollapse

(8,155 posts)
68. There is no requirement for police to "knock and announce"...
Sun May 19, 2013, 09:41 PM
May 2013

if they feel that doing so would place an unreasonable risk on themselves.


What that translates into is the reality that police officers can, and do, enter residences unannounced. A good example of a case where that would be reasonable is if the resident is believed to be armed and dangerous...

Hence, in the OP, there is little or no justification in opening fire on the officers.

 

Logical

(22,457 posts)
76. I have never understood why shooting a cop who enters with a no-knock warrant would be a crime.....
Sun May 19, 2013, 10:08 PM
May 2013

You have a right to defend your property. Some one who wakes up to an intruder kicking in their front door has a right to react.

Gravitycollapse

(8,155 posts)
79. It's a crime because you are knowingly shooting a peace officer.
Sun May 19, 2013, 10:13 PM
May 2013

The assumption there is that you have no reasonable fear for your own safety given the circumstance.

If the home owner does not recognize the officer as an officer and shoots because he or she assumes the intruder is actually a threat, then I could see how that would be reasonable self-defense.

But once you recognize that those entering your home are police officers, you no longer have the law or, as far as I'm concerned, ethics on your side.

Gravitycollapse

(8,155 posts)
85. Someone not thinking clearly shouldn't be handling a firearm.
Sun May 19, 2013, 10:28 PM
May 2013

At that point, I may not consider it murder but instead something along the lines of negligent homicide.

 

Logical

(22,457 posts)
86. Here is an interesting story.....Two actually......
Sun May 19, 2013, 10:30 PM
May 2013

Two former Los Angeles Police Department officers, along with 13 others, have plead guilty to running a robbery ring, which used fake no-knock raids as a ruse to catch victims off guard. The defendants would then steal cash and drugs to sell on the street. This tactic led Radley Balko, editor of Reason Magazine, to complain "So not only can you not be sure the people banging down your door at night are the police, not only can you not be sure they’re the police even if they say they’re the police, you can’t even be sure it’s safe to let them in even if they are the police."

US Marine Jose Guerena was shot twenty-two times by a SWAT team planning to execute a search warrant. He retrieved a legally possessed rifle in response to sudden intruders, likely concerned for his family's safety, and the SWAT team opened fire on him before establishing any communication. The team later retracted its initial claims he had opened fire when it was established that Guerena had never fired and his safety was still on. The police refused to allow paramedics to access Guerena for more than hour, leaving Guerena to bleed to death, alone, in his own home. Members of the SWAT team subsequently hired legal defense and a large following of fellow Marines held a memorial service at his home with his widow.

http://en.wikipedia.org/wiki/No-knock_warrant

 

snooper2

(30,151 posts)
102. What stops any intruder from kicking in your front door and yelling "police"? Nothing.
Mon May 20, 2013, 01:50 PM
May 2013

No,


The real police do



 

geek tragedy

(68,868 posts)
111. In that we don't support the right to murder cops, sure.
Mon May 20, 2013, 04:32 PM
May 2013

the facts of this case would be rather unambiguous in supporting a multiple convictions of murder.

pacalo

(24,721 posts)
53. Mrs. Youngblood's case is entirely different from the one you gave as an example.
Sun May 19, 2013, 08:56 PM
May 2013

The two officers entered her house with a K-9 dog to serve a search warrant while Mrs. Youngblood was asleep in her bedroom upstairs.

From an article I read, it was explained that there are two different types of K-9 dogs:

The first is the bark-and-hold principle which trains the dog to only bark at first and then bite if the suspect makes a move.

The second is the straightforward bite-and-hold principle which trains the dog to bite first and hold until the suspect is subdued.

http://www.dailymail.co.uk/news/article-2129728/She-felt-crunching-bones-Estranged-wife-sheriff-mauled-police-K-9-slept-bed.html#ixzz2Tn0t4T6d


The K-9 dog that was brought to Mrs. Youngblood's home was the type trained to bite first & hold -- to serve a search warrant!

Mrs. Youngblood did nothing to harm the officers, so her case can't be compared to the one you described.

ZombieHorde

(29,047 posts)
57. I would not shoot at them,
Sun May 19, 2013, 09:05 PM
May 2013

but I can't blame someone for being scared when a violent gang is bashing in their front door.

 

HooptieWagon

(17,064 posts)
63. Guilty. She identified them as police before shooting.
Sun May 19, 2013, 09:25 PM
May 2013

She wouldn't have known if they had a valid warrant or not....best to surrender and let legal system figure it out.
Now, had she been asleep in LR, no way of knowing if police or gang members trying to force their way in to house, then that might well be a different story.

 

rug

(82,333 posts)
80. No, she didn't. The OP referred to them as police officers, She didn't.
Sun May 19, 2013, 10:13 PM
May 2013

The OP also doesn't state if they were uniformed or not.

 

HooptieWagon

(17,064 posts)
84. The OP quotes her testimony....
Sun May 19, 2013, 10:28 PM
May 2013

"I saw six police officers trying to force open my front door". Therefore, she knew before shooting them they were police officers.
A good rule of thumb: its a bad idea to shoot or pull a weapon on police. It always ends badly. If the police are committing a huge fuck-up, at least you have a chance in court, and with restitution, if you are still alive.

 

rug

(82,333 posts)
95. That's true but it doesn't say when she knew they were police, before or after the fact.
Sun May 19, 2013, 11:43 PM
May 2013

It would be interesting to know exactly what they were doing. This may be a case where she was the one alive to say what happened. That is not always the case.

Mr_Jefferson_24

(8,559 posts)
81. "Police or gang members"
Sun May 19, 2013, 10:16 PM
May 2013

You see a meaningful difference? Did you not take in some of the myriad Occupy videos documenting wanton and routine police brutality as the norm for breaking up these peaceful demonstrations? How is that different from a lawless gang?

 

HooptieWagon

(17,064 posts)
88. That wasn't the subject of the poll.
Sun May 19, 2013, 10:31 PM
May 2013

I answered the poll, there simply isn't enough time or space to address every single hypothetical situation not addressed in the OP.

Mr_Jefferson_24

(8,559 posts)
77. Are cops not required to demostrate good reason for their fear...
Sun May 19, 2013, 10:09 PM
May 2013

... before they use lethal force against a citizen? Do they not routinely employ lethal force in situations where there was no good reason for it -- particularly where minorities are concerned? Does this not serve as good reason for the woman to fear for her life?

What scenario can you imagine that would satisfy the "good reason for her fear" requirement?

Would you be afraid if cops showed up unannounced at your doorstep at 3:00 a.m. demanding entry to serve a search warrant? I'd be very nervous, and I'm not a criminal.

Gravitycollapse

(8,155 posts)
82. I would not be afraid of uniformed officers entering my residents.
Sun May 19, 2013, 10:21 PM
May 2013

I would be shocked but not afraid. Especially not in capacity that would warrant me shooting them.

That isn't to say that everyone should react the same way. Especially if there was some situation where the homeowner had good reason to fear the officers. Maybe they know each other previously or something like that.

But what I'm trying to get at here is that we can't just assume the woman had good reason to open fire on 6 police officers. That makes no sense.

Just like it makes no sense to assume that an officer had good reason to open fire on an innocent individual because he or she had an apple in his or her hand that the officer thought was a grenade.

 

Savannahmann

(3,891 posts)
87. Given the ineptitude of police
Sun May 19, 2013, 10:30 PM
May 2013

I'd bet that they were at the wrong house to begin with. However, I'd start the trial from the assumption that the defendant was not guilty, and the prosecution would have to convince me that the defendant had committed a crime.

gopiscrap

(23,726 posts)
92. The fucking cops
Sun May 19, 2013, 11:19 PM
May 2013

are usually wrong and usually bullying people and the sad shit is that they get away with it all the time!!!

 

Nimajneb Nilknarf

(319 posts)
94. The question lacks sufficient information to make a proper determination of guilt of innocence
Sun May 19, 2013, 11:43 PM
May 2013

It does not state whether the members of the local constabulary properly identified themselves and produced a proper warrant.

It also does not state whether the officers were attempting to serve a warrant at the correct location.

onehandle

(51,122 posts)
98. Anyone who Needs an AR-15 assault rifle loses points up front.
Mon May 20, 2013, 08:01 AM
May 2013

I heard about this idiot who mowed down six cops who were breaking in her home to conduct a legal search.

She was either hiding something, or was just another nut with a gun.

Or both.

Sancho

(9,067 posts)
99. Not guilt in Florida!
Mon May 20, 2013, 08:05 AM
May 2013

Stand her ground I say...of course it may depend.

Was this is Ocala? Was she black? Is she registered as a Democrat?

These are important factors in verdicts down here.

 

Buzz Clik

(38,437 posts)
103. I might have voted Not Guilty, but for this:
Mon May 20, 2013, 01:57 PM
May 2013
Given the out of control police state we're rapidly evolving into, how do you vote?


Given that comment, I voted Guilty just to piss on your campfire.

Mr_Jefferson_24

(8,559 posts)
108. Ah yes...
Mon May 20, 2013, 04:17 PM
May 2013

... I've seen this before in past polls I've done -- I call it the "Fuck Mr Jeff and the Horse He Rode In On" Poll Effect -- I estimate it typically to be the deciding factor in how my fellow DUers cast their vote in anywhere from 0 to 25 percent of the total votes cast, depending on which DU cliks show up to participate.

 

LanternWaste

(37,748 posts)
113. Your martyrdom is noted and given all due consideration.
Mon May 20, 2013, 04:55 PM
May 2013

"I call it the "Fuck Mr Jeff and the Horse He Rode In On" Poll Effect -- I estimate it typically to be the deciding factor..."

Your martyrdom is noted and given all due consideration. Additional points for the creativity of the cross, but minus points for the cross's weak structural foundation.

 

geek tragedy

(68,868 posts)
110. Legally, the person is guilty beyond a reasonable doubt of
Mon May 20, 2013, 04:31 PM
May 2013

murder, likely in the 2nd degree, but perhaps the first.

There is no element of self-defense present, as she wrongfully refused them entry upon service of the search warrant, causing the escalation, and then shot them, without being in immediate danger herself.

Mr_Jefferson_24

(8,559 posts)
114. At present 24 of your...
Mon May 20, 2013, 04:57 PM
May 2013

... prospective fellow jurors, about 17 percent, more than sufficient to hang a 12 person jury, don't see it that way Geek Tragedy.

How is it wrong to refuse entry to ANYONE you sincerely believe has come to your home to do you bodily harm?

Would the woman viciously mauled by a police K9 while she slept have been wrong to use deadly force against those officers as they forced their way in, who were also serving a warrant, if she feared for her life?

 

geek tragedy

(68,868 posts)
116. If police have a search warrant, you're legally required to let them in.
Mon May 20, 2013, 05:12 PM
May 2013

Period.

Moreover, there is no right to shoot people because they pose a hypothetical danger to you. The danger must be immediate.

Legally, what the woman did in your hypothetical is less plausibly self-defense than was George Zimmerman shooting Trayvon Martin.

The people who voted not guilty essentially engaged in jury nullification, apparently under the theory that it should be legal to shoot police, who in this case did nothing illegal.


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