Responses: 3
Still don't understand how outrage at an event gives assholes an excuse to riot, loot, and basically destroy property. The right of the people to peaceably assemble is protected. The right to be a community rampaging douche, not so much. This guy is fucked no matter what. If he is convicted, then he has all the baggage that goes with a felony conviction. If he is acquitted, then he does what? Goes back to work in a community that already has him pegged as a murderer? Finds a new line of work after going through all it takes to become a police officer? Goes to work in another area hoping his past doesn't black ball him? Screwed either way.
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COL Ted Mc
PO3 Steven Sherrill - PO; "The People" have ALWAYS had the "right" to "riot. loot, and basically destroy property". On the other hand "The People" have ALSO ALWAYS had the "right" to pay whatever penalty "The Government" is able to impose when they exercise their "right" to "riot. loot, and basically destroy property".
As long as the two are in a reasonable balance, society continues to improve. When they get out of balance then society also continues - except then society continues to decline.
As long as the two are in a reasonable balance, society continues to improve. When they get out of balance then society also continues - except then society continues to decline.
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In a court of law, it can be rather difficult to hold someone accountable for not doing something that they weren't trained to do. If it is not documented that he was shown or instructed how to properly secure someone in a vehicle after detaining them, it could conceivably be extremely difficult to get a conviction. If it's not documented, it didn't happen.
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COL Ted Mc
Cpl Rc Layne - Corporal; "Difficult" is not the same as "impossible" and there is that odd-ball thing known as "culpable negligence".
This would apply to someone who attempted to do something that they knew that they hadn't been trained to do.
This would apply to someone who attempted to do something that they knew that they hadn't been trained to do.
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Cpl Rc Layne
COL Ted Mc - Colonel, I understand the difference between the two and the implied negligence of the situation.
In my opinion, the officer driving the vehicle is the negligent individual, just as any other driver of any vehicle.
Is or are all officers trained to secure arrested individuals in transportation vehicles? Or is that the sole responsibility of the transporting officer? Does the agency train transportation officers in how to secure people safely in the wagon and how it handles different from a patrol car?
If there is a training requirement, was the training documented? For either officer? And if there is a requirement, and they weren't trained, is that supervisory negligence? Or negligence on the training department, the agency or the city?
To get an honest conviction is not going to be easy in this case or any of the others.
If I was a defense lawyer in any of these cases, I would be tearing the training department to pieces. If I were the prosecuting attorney, I would be presenting training records supporting the agency. If they exist. That's why I said it would be difficult to get a conviction.
In my opinion, the officer driving the vehicle is the negligent individual, just as any other driver of any vehicle.
Is or are all officers trained to secure arrested individuals in transportation vehicles? Or is that the sole responsibility of the transporting officer? Does the agency train transportation officers in how to secure people safely in the wagon and how it handles different from a patrol car?
If there is a training requirement, was the training documented? For either officer? And if there is a requirement, and they weren't trained, is that supervisory negligence? Or negligence on the training department, the agency or the city?
To get an honest conviction is not going to be easy in this case or any of the others.
If I was a defense lawyer in any of these cases, I would be tearing the training department to pieces. If I were the prosecuting attorney, I would be presenting training records supporting the agency. If they exist. That's why I said it would be difficult to get a conviction.
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COL Ted Mc
MAJ Andrew Ready - Major; That's a basic misconception. The ACTUAL job of the Defense is to try and ensure that "The State" ACTUALLY proves ALL of the elements of the alleged offense "beyond a reasonable doubt".
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