General Discussion
In reply to the discussion: Ferguson grand jury documents withheld [View all]TorchTheWitch
(11,065 posts)Which is why we need to be shed of them. Half the states stopped using them given that they're designed to ignore the constitutional rights of the accused and they're entirely secret in favor of the adversarial preliminary hearing that reviews all the evidence, that's presided over by a judge and where the rights of the accused are preserved and all in public. As it should be.
No other country that has a common law legal system uses grand juries except the US.
As for this alleged wayward bullet... what does that have to do with probable cause? Seeing as apparently some number of bullets were fired than that which hit Brown, they obviously went somewhere. Seeing as there is no law that requires a police officer to never miss their intended target or that every one that does hit their intended target has to stay there, what does this apparent wayward bullet have to do with anything other than curiosity? There's no evidence to suggest that Wilson was just firing around all over the place willy nilly and hit Brown by accident... we already know that he aimed at and fired at Brown with the intension of hitting him, so why would any prosecutor care what happened to any wayward bullets when should any exist they don't have anything to do with probable cause nor is there any possible charge concerning missed shots for which he could be indicted for?
Are you aware that MO law concerning use of force by police is allowed in certain circumstances when a suspect is fleeing?
563.046. Law enforcement officers use of force in making an arrest.
1. A law enforcement officer need not retreat or desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he reasonably believes to have committed an offense because of resistance or threatened resistance of the arrestee. In addition to the use of physical force authorized under other sections of this chapter, he is, subject to the provisions of subsections 2 and 3, justified in the use of such physical force as he reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody.
2. The use of any physical force in making an arrest is not justified under this section unless the arrest is lawful or the law enforcement officer reasonably believes the arrest is lawful.
3. A law enforcement officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force only
(1) When such is authorized under other sections of this chapter; or
(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.
4. The defendant shall have the burden of injecting the issue of justification under this section.
http://lawofselfdefense.com/statute/mo-563-046-law-enforcement-officers-use-of-force-in-making-an-arrest/