WE need to better understand Ferguson and the laws the people passed. I posted earlier this: You cannot try armed security or police officers with a murder charge! This is the third case where they attempt to see justice in a trial only to see it backfire....Go after the right to use deadly force without merit This questions the methods and proves the negligence of life. Therefore, the officer will be terminated or be convicted guilty in any court because a life was taken without reasonable cause.. This is case where racism doesnt play in the equation DUE TO what 90% of FERGUSON is Black (NOT SAYING A DEATH IS NOT SENSITIVE) BUT understand the FACTS.. In the 1980s, a pair of Supreme Court decisions — Tennessee vs. Garner and Graham v. Connor — set up a framework for determining when deadly force by cops is reasonable. Constitutionally, police officers are allowed to shoot under two circumstances, David Klinger, a University of Missouri-St. Louis professor who studies use of force, told me. The first circumstance is to protect their life or the life of another innocent party — what departments call the defense-of-life standard. The second circumstance is to prevent a suspect from escaping, but only if the officer has probable cause to think the suspects committed a serious violent felony. The logic behind the second circumstance, says Klinger, comes from a Supreme Court decision called Tennessee vs. Garner. That case involved a pair of police officers who shot a 15-year-old boy as he fled from a burglary. (Hed stolen $10 and a purse from a house.) The Court ruled that cops couldnt shoot every felon who tried to escape. But, as Klinger says, they basically say that the job of a cop is to protect people from violence, and if youve got a violent person whos fleeing, you can shoot them to stop their flight. For the grand jury in Ferguson, the question was whether Wilson was aware that Brown allegedly took part in a robbery prior to the shooting. Wilson said he became aware during the encounter that Brown was a robbery suspect and radioed the realization in as soon as he knew. The key to both of the legal standards — defense-of-life and fleeing a violent felony — is that it doesnt matter whether there is an actual threat when force is used. Instead, what matters is the officers objectively reasonable belief that there is a threat. That standard comes from the other Supreme Court case that guides use-of-force decisions: Graham v. Connor. This was a civil lawsuit brought by a man whod survived his encounter with police officers, but whod been treated roughly, had his face shoved into the hood of a car, and broken his foot — all while he was suffering a diabetic attack. The court didnt rule on whether the officers treatment of him had been justified, but it did say that the officers couldnt justify their conduct just based on whether their intentions were good. They had to demonstrate that their actions were objectively reasonable, given the circumstances and compared to what other police officers might do. And whats objectively reasonable changes as the circumstances change. The moment that you no longer present a threat, I need to stop shooting, said Klinger. According to the St. Louis County Police Departments account, Wilson fired one shot from inside the police car. But Brown was reportedly killed 150 feet away, after several shots had been fired. To justify the shooting, Wilson would need to demonstrate that he feared for his life not just when Brown was by the car, but even after he started shooting. The officer would need to establish that, right up until the last shot was fired, he felt Brown continued to pose a threat to him whether he actually was or not. One cant just say, Because I could use deadly force ten seconds ago, that means I can use deadly force again now, says Walter Katz, a California attorney who specializes in oversight of law enforcement agencies. So here we are again... Quote from Obama..To make sure justice is served The folks in Ferguson need to question the right to use deadly force without merit. This questions the competence and mental state of the officer during job performance evaluation. Most likely he will fail due to the extreme circumstance he is currently in... Now We have to use military force to ease the tensions..... Yes, while everyone focused on riots all over the country...Obama signs 4 new EXECUTIVE ORDERS! Like I say, When he is talking logical Blacks pay a deaf ear. When he is talking stupidity and destroying your future yall so hyped and emotional you should give him an offering...
Posted on: Sat, 06 Dec 2014 09:34:58 +0000
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