BamaD -> RE: The Grand Jury has decided in Ferguson (12/6/2014 10:45:44 AM)
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ORIGINAL: DomKen quote:
ORIGINAL: BamaD quote:
ORIGINAL: DomKen quote:
ORIGINAL: BamaD quote:
ORIGINAL: DomKen quote:
ORIGINAL: BamaD The standard is simply whether it is more likely than not that Wilson did kill Brown. Is that true? Then there is probable cause to indict. Come on DK you know that they have to prove it is likely that he unjustifiably killed Brown. By your standard the cop who shot the couple in Vegas should be on trial because he did kill them. Nope. The probable cause standard is a very low hurdle. The old saw about a prosecutor being able to indict a ham sandwich exists for a reason. In this case there was no doubt that Wilson was the killer so an indictment should have been a forgone conclusion. Wilson would have been free to assert his self defense claim as an affirmative defense at trial where it would be subject to aggressive cross examination and the full rules of evidence. It isn't did he likely kill Brown it is did he likely killed Brown illegally. I understand that you can't see the distinction, but it is a big one. Wrong! All killings are presumed to be wrongful. The killer is allowed to assert an affirmative defense at trial but that has nothing at all to do with whether there is probable cause that the crime has occurred. You are demanding that the prosecutor act as the defense counsel which is exactly the complaint of the demonstrators. That is so stupid as to negate the need for refutation. So this means that you do think the sniper who shot the two cop killers in Nevada should have been charged with murder. No. you fucking idiot. He acted under direct orders from a superior officer which putthe onus on the superior who justified the killing himself in whatever manner his department and prosecutor requires. No, you say any killing is a criminal act and "I was only following orders" is not a defense. The first cop on the scene of a mass shooting has to go on trial by your standard if he shoots the shooter, for that matter, if he just subdues him he should go on trial for assault, and can explain at the trial the need. When the investigation shows self defense the is no trial and you know it. That is what happened here and you have do be smart enough to know that, you dress yourself.
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