and I'd love for someone to link to the correction regarding the outdated law being handed to the GJ
Vol. 24; pp 132-139
and I'd love for someone to link to the correction regarding the outdated law being handed to the GJ
I had already read it was corrected... I was hoping someone could link me either to the discussion here about the correction or whatever article they originally got the information from.
The jibe was creative; that counts for something. Plus WC now has 54,689 posts, many of them advocating the right of center view on a left of center forum, so I suspect he isn't all that sensitive.
For some reason the link you posted isn't working for me but I think it was to Daily Kos article I linked to just a few posts prior to the link you posted. There was a brief discussion of the issue that followed. PhantomWolf provided what I thought was the best answer if you are trying to limit your reading on this:
http://www.internationalskeptics.com/forums/showthread.php?postid=10350385#post10350385
But if you feel a need to get the pulse of the more anti-Wilson posters you might want to just read through a bit more of the thread following my link. The anti-Wilson posts are sprinkled throughout.
my post:
MS. ALIZADEH said:Previously in the very beginning of this process I printed out a statute for you that was, the statute in Missouri for the use of force to affect an arrest.
So if you all want to get those out. What we have discovered, and we have been going along with this, doing our research, is that the statute in the State of Missouri does not comply with the case law.
This doesn't sound probably unfamiliar to you that the law is codified in a written form in books and they're called statutes, but courts' interpret those statutes. And so the statute for the use of force to affect an arrest in the State of Missouri does not comply with Missouri Supreme, I'm sorry, United States Supreme Court cases.
And so what Sheila has come up with is a statement of the law as to when an officer can use force to affect an arrest, that does track our Missouri Statute, but also takes into consideration what the Supreme Court says, okay. So the statute I gave you, if you want to fold that in half just so that you know don't necessarily rely on that because there is a portion of that that doesn't comply with the law. And then the thing that Sheila is giving you, that statement about use of force to affect an arrest, is that what you called it, is that the title.
MS . WHIRLEY: of force in making an arrest, yes.
MS. ALIZADEH: That does correctly state what when he can use deadly force in affecting an arrest, okay.
I don't want you to get confused and don't rely on that copy or that printout of the statute that I've given you a long time ago.
MS. WHIRLEY: Did you have a question?
GRAND JUROR: So we're to disregard this.
MS. ALIZADEH: It is not entirely, I don't know, Law enforcement officers use the law is on when an officer can use force and incorrect or inaccurate, but there is something in it that's not correct, ignore it totally.
GRAND JUROR: It is because of the federal?
MS. WHIRLEY: Of a Supreme Court case and we must follow Supreme Court of the United States. It is Tennessee v. Garner, not that that matters much to you.
GRAND JUROR: The Supreme Court, federal Supreme Court overrides Missouri statutes.
MS. ALIZADEH: As far as you need to know, just don't worry about that.
GRAND JUROR: All right.
MS. ALIZADEH: Just disregard that statute .
MS. WHIRLEY: We don't want to get into a law class.
That's that one and is that all you want to say on that?
MS. ALIZADEH: Yeah, I wanted to point that out.
This is a basic failure of comprehension. The body was 150' from the SUV, some people are assuming that Wilson never left the SUV and shot him from 50 yards away, a ridiculous scenario. KatieG and Mumbles should know this information by now, yet here we have them immediately, without a shred of critical thought, jump in and declare the police liars.
KatieG and Mumbles, have either of you even bothered to look at the evidence, or what Wilson's story actually was? These things are kind of important, details matter.
There were 2 contacts Wilson made with Brown and Johnson. The first one he told them to get out of the middle of the street, that's what that point of the transcript was about. He started to drive away, then realized they matched the description of the robbers and went back for the second contact, and it's the second one where the stuff went down.
Something is wrong about your use of statistics: something about uniform priors, however I am not a statistician and I avoid the Holiday Inn express.
That's where he made his first mistake.
This is a basic failure of comprehension. The body was 150' from the SUV, some people are assuming that Wilson never left the SUV and shot him from 50 yards away, a ridiculous scenario. KatieG and Mumbles should know this information by now, yet here we have them immediately, without a shred of critical thought, jump in and declare the police liars.
KatieG and Mumbles, have either of you even bothered to look at the evidence, or what Wilson's story actually was? These things are kind of important, details matter.
I agree with you. That seemed to be a significant error. It's confused but at the point in time he turns back to confront them I believe he knows they are suspects in a robbery. Why did he need to confront them before backup had arrived? I don't know of a good explanation for that. Confronting two probable robbers alone without a compelling reason to do so seems like a violation of the most standard police procedures to me. First, it seems like he shouldn't do it for his own safety, but secondly it could lead to something like what probably happened where he finds himself alone with little choice but to fire his weapon to save himself.
I disagree here, it's a cops job to deal with the situation. If they called in backup every time they had to do their job, it'd be a mess.
I am not quite sure what you are saying with regard to the release of the video. The problem with the release of the video was the way it was done. It looked like the police department was attempting to smear Brown as a way of indicating that the shooting was justified.
It was a stupid thing to have done IMO. If they were going to release evidence they needed to release the evidence that provided information about the events related to the shooting including that video.
But I'm not sure there was a way to accomplish what I am saying. Clearly nobody was going to believe the police department if they released a bunch of self serving statements.
The only thing that might have worked would have been an objective overview of the case released within the first couple of weeks but that kind of thing might have hindered the investigation in the long run. I don't think cops should be allowed to keep their jobs that invoke their right against self incrimination, but that is the way it is today. Would things have been better if a statement by Wilson had been released immediately? My guess is yes, but legally there was no way to compel him to make a statement early on as I understand it.
Exactly. They did not know Brown was involved for several days.
I would speculate that when one's attention is so heavily occupied with surviving that level of imminent threat one's mind doesn't think of every option that a reflecting mind not under threat would come up with.
Also, to put the vehicle in gear would require that he remove one hand/arm from defending his person.
I think you're referring to the decision by Wilson (assuming Wilson's statement is true on this) to return to Brown & Johnson and confront them.
I agree with you. That seemed to be a significant error. It's confused but at the point in time he turns back to confront them I believe he knows they are suspects in a robbery. Why did he need to confront them before backup had arrived? I don't know of a good explanation for that. Confronting two probable robbers alone without a compelling reason to do so seems like a violation of the most standard police procedures to me. First, it seems like he shouldn't do it for his own safety, but secondly it could lead to something like what probably happened where he finds himself alone with little choice but to fire his weapon to save himself.
But as has been noted above, we don't know what happened just before and during that second interaction. Everybody involved is dead or has such strong reasons to lie that we are only left with guessing about what happened. I don't believe Johnson or Wilson and I'm not sure what that means about what really happened.