ThirdWheelWanted -> RE: Rioting is the answer (8/23/2014 5:57:58 AM)
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ORIGINAL: DomKen As to your continued whining about the other case, notice that the cop was fired from his job and an arbitrator ordered him reinstated. That means that not just the local DA found the shooting justified so did the independent arbitrator hired by the police force. That's two separate investigations that both found the same way. Also note that the "bereaved" family has yet to try filing a wrongful death suit. If they really thought they had a case they would have sued now wouldn't they? Actually, that's not two separate "investigations". Arbitration isn't an investigation, it's basically more of a relaxed trial. Both sides present their case to an independent judge/arbitrator and agree to abide by their ruling. (Oh, and saying that the arbitrator was "hired by the police" is misleading. Generally an arbitrator is agree to and hired by, both sides, hence the word independent. The implication the way you phrased it was that even the guy the police hired sided with the officer.) Arbitration would be heavily influenced by the fact that he wasn't indicted. If I were a lawyer defending the officer, that's what I'd push. So, if the DA was biased towards the police, which is what you're contending in the Brown case and pretty much every other one I've seen come up, and failed to prosecute for that reason, that factor would have been strongly in the officers favor during arbitration. http://legal-dictionary.thefreedictionary.com/Binding+arbitration The submission of a dispute to an unbiased third person designated by the parties to the controversy, who agree in advance to comply with the award—a decision to be issued after a hearing at which both parties have an opportunity to be heard. As to why the family hasn't sued, perhaps for the exact reason above. The easiest way to win a lawsuit is if the person you're suing has already been convicted criminally. Sometimes you can win a civil suit when a conviction wasn't achieved during a criminal trial, OJ springs to mind, but it's much easier when you can start off by pointing out that a person was already found criminally liable. So since the officer wasn't indicted, and arbitration restored him to his job, it's likely no lawyer would take the civil suit on spec and they probably couldn't afford to hire one outright. A lawyer might also point out that the victim's racist tirade wouldn't play well with a jury, and that might be another reason not to accept the case.
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