Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
In reply to the discussion: If 12 witnesses said Wilson shot at Brown as Brown ran away and only 4 witnesses denied that, [View all]helpmetohelpyou
(589 posts)22. This is the statute
http://blogs.wsj.com/law/2014/11/24/why-ferguson-officer-wasnt-charged-a-look-at-use-of-force-doctrine/
Why Ferguson Officer Wasnt Charged: A Look at Use of Force Doctrine
The state laws on use of force or when a police officer is justified in using deadly force varies from state to state. Missouris law is considered more officer-friendly than that in other states, say legal experts
Specifically, the law says:
563.046. A law enforcement officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force:
(2) When he reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested
(a) Has committed or attempted to commit a felony; or
(b) Is attempting to escape by use of a deadly weapon; or
(c) May otherwise endanger life or inflict serious physical injury unless arrested without delay.
Its really pretty straightforward a police officer can use deadly force when its necessary to prevent bodily injury or death, said David Klinger, a professor of criminology and criminal justice at the University of Missouri, St. Louis.
State laws on use of force differ slightly. But all are informed by seminal U.S. Supreme Court cases. The first, Tennessee v. Garner, decided in 1985, established the principle that a police officer could, in fact, inflict deadly force on a fleeing suspect if the officer had probable cause to believe that the suspect poses significant threat of death or injury to the officer or others.
The second case, Graham v. Connor, decided four years later, established the standard by which a jury is to judge an officers actions. That is, jurors are to ask whether an officers actions are objectively reasonable in light of the facts and circumstances confronting them.
The court held that reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene. Jurors, the court said, should account for the fact that police officers are often forced to make split-second decisions
Why Ferguson Officer Wasnt Charged: A Look at Use of Force Doctrine
The state laws on use of force or when a police officer is justified in using deadly force varies from state to state. Missouris law is considered more officer-friendly than that in other states, say legal experts
Specifically, the law says:
563.046. A law enforcement officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force:
(2) When he reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested
(a) Has committed or attempted to commit a felony; or
(b) Is attempting to escape by use of a deadly weapon; or
(c) May otherwise endanger life or inflict serious physical injury unless arrested without delay.
Its really pretty straightforward a police officer can use deadly force when its necessary to prevent bodily injury or death, said David Klinger, a professor of criminology and criminal justice at the University of Missouri, St. Louis.
State laws on use of force differ slightly. But all are informed by seminal U.S. Supreme Court cases. The first, Tennessee v. Garner, decided in 1985, established the principle that a police officer could, in fact, inflict deadly force on a fleeing suspect if the officer had probable cause to believe that the suspect poses significant threat of death or injury to the officer or others.
The second case, Graham v. Connor, decided four years later, established the standard by which a jury is to judge an officers actions. That is, jurors are to ask whether an officers actions are objectively reasonable in light of the facts and circumstances confronting them.
The court held that reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene. Jurors, the court said, should account for the fact that police officers are often forced to make split-second decisions
Edit history
Please sign in to view edit histories.
Recommendations
0 members have recommended this reply (displayed in chronological order):
35 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
If 12 witnesses said Wilson shot at Brown as Brown ran away and only 4 witnesses denied that, [View all]
Vattel
Nov 2014
OP
You do not as a jury simply add up the number of accounts and rule in favor of the account with the
kelly1mm
Nov 2014
#1
Your interpretation of my original post was very reasonable (I have now altered it).
Vattel
Nov 2014
#9
haha! I re read your OP and saw the change, thought I missed it the first time, and edited.
kelly1mm
Nov 2014
#11
Credibility is for the trial jury. Sufficency of the evidence is for the grand jury.
rug
Nov 2014
#5
Apparently the grand jury disagreed. Maybe jury nullification? Prosecutorial incompetence? We may
kelly1mm
Nov 2014
#8
The attempt at making it thousands of pages won't stop people from picking it apart.
Rex
Nov 2014
#2
because they didn't get any charts....they didn't get anything but a document dump
VanillaRhapsody
Nov 2014
#4
BUT they didn't get ANY direction from Prosecution which IS his job....you know prosecuting...
VanillaRhapsody
Nov 2014
#24
I absolutely cannot understand how at least an involuntary manslaughter bill wasn't returned
Recursion
Nov 2014
#7
And shooting a fleeing felon is not even legal if they do not pose an immediate danger.
Vattel
Nov 2014
#13
The Assistant district attorneys gave the jury a copy of a statute that hasn't been legal since 1985
PDJane
Nov 2014
#14
The Michael Baden private autopsy said that a wound to the arm was consistent with Brown being shot
aint_no_life_nowhere
Nov 2014
#26
That means that there has to be another Grand Jury. That is simply unacceptable.
Vattel
Nov 2014
#17
The problem is that was NOT the statute given the Grand Jury at the beginning of...
Spazito
Nov 2014
#25