BamaD
Posts: 20687
Joined: 2/27/2005 Status: offline
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quote:
ORIGINAL: InfoMan quote:
ORIGINAL: vincentML quote:
And - given the individual has expressed intent to enter said motor vehicle (which can be considered a deadly weapon in it's own right), a disregard for the order of police, the unconfirmed potential threat of the vehicle potentially being an explosive hazard... reasonable probable cause is created in those actions which will endanger human life We have satisfied both conditions in order for legal Justifiable Homicide to be committed by a Law Officer in the state of Oklahoma... 1. No where in any reports did Crutcher express intent of getting into the vehicle. The very last we see of Crutcher he had his right arm raised above his head as he faced his car door. 2. The vehicle can only be considered a deadly weapon if there is someone in the driver's seat, which was not the case when the man was killed. 3. If there was a danger of explosions the police should have, would have called for a bomb squad. They did not. You seem to be the only one who thinks there was a possibility of an explosion. 4. It is not unreasonable to think that someone on drugs would disregard police commands. Shelby had that training. She should have known better. 5. quote:
We have satisfied both conditions in order for legal Justifiable Homicide to be committed by a Law Officer in the state of Oklahoma... Oh, did the jury say that? Was that part of the judge's instructions to the jury? I don't think so. Not that I know of. Nope. You are wrong. 1. Walking 30 feet while at gun point to the Driver Side Door of a Vehicle that is On and Idling is entirely meaningless then? How do you get into a car? Through the passenger door? 2. That is factually incorrect. A deadly weapon is defined by the outcome. As such - disabling the breaks of a vehicle on an incline and letting it roll down a hill would cause it to be a 'deadly weapon' if it kills some one in the process even if no one is in the driver seat. What's more - it doesn't matter because the person expressed intent to get into the driver seat. That technically would be no different then a guy reaching for a gun... What you're not allowed to shoot him until he has the gun in hand, loaded, and it pointed at you because until all those steps are done technically it is just a paper weight? 3. The bomb squad is sent out only when there is a probable threat, not when there is only 'suspicion of'. Police will investigate potential explosive threats to identify if the threat is probable or not, which then dictates the deployment of the bomb squad. Plenty of places have bomb scares called into them, but just because some one made a threat does not mean you have guys in blast suits and bomb drones deployed... 4. So because he is on drugs we should give him a pass? That is what you're saying? Oh he is high on a drug which causes Aggression, violent behavior, and hallucination... but nah - just ignore it. 5. Graham v. Connor 490 U.S. 386 (1989) US Supreme Court Case handling the use of deadly force by police: The "reasonableness" of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must embody an allowance for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation. So yes - as per Graham v. Conner, the Judge instructs the Jury that those are the conditions in rendering judgement for this case. Oh - and Yes - the Jury also said that when they handed down a 'Not Guilty' verdict in her Manslaughter Trial. So the state has to recognize the death as a Justified Homicide. i guess that is another bit of you ignoring facts that disagree with you? You are wrong on one count. If the person has not started shooting, untill that happens the police have no right to feel threatened. No police were dead or seriously injured so they had no right to fire. Now if he had been white that would have been a different story.
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Government ranges from a necessary evil to an intolerable one. Thomas Paine People don't believe they can defend themselves because they have guns, they have guns because they believe they can defend themselves.
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