N.Y. cop not indicted in choke hold death

Goober

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Jan 23, 2009
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Never mind that. Show me in the video of the incident that is the subject of this thread how the video alone proves the officer's intent to kill. Because I've seen that sentiment expressed several times on this subject.

Were his actions stupid, reckless, unnecessary? Yeah, probably. But were they intentionally meant to cause death? Because homicide and manslaughter I believe were the charges being considered.

My point was a YouTube video can provide excellent information as it did in the case I posted.
Proving intent to kill by an Officer is near to impossible.
 

SLM

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Mar 5, 2011
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My point was a YouTube video can provide excellent information as it did in the case I posted.
Proving intent to kill by an Officer is near to impossible.

Exactly! Which is probably why you rarely if ever see them indicted for it, don't you think?
 

Goober

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Exactly! Which is probably why you rarely if ever see them indicted for it, don't you think?

The system is biased towards the Police, would you say?
How many Officers stood around and did not provide CPR? Approx 4 or so?.

The GJ system in the US is a joke.

2010 stats -Approx 162,000 Federal indictments, 11 no indictments.

Columbia Law Review – Ham Sandwich Nation: Due Process When Everything Is a Crime

I. The Problem with Prosecutorial Discretion

Attorney General (and later Supreme Court Justice) Robert Jackson once commented: “If the prosecutor is obliged to choose his cases, it follows he can choose his defendants.”4 This method results in “[t]he most dangerous power of the prosecutor: that he will pick people he thinks he should get, rather than pick cases that need to be prosecuted.”5 Prosecutors could easily fall prey to the temptation of “picking the man, and then searching the law books . . . to pin some offense on him.”6 In short, prosecutors’ discretion to charge—or not to charge—individuals with crimes is a tremendous power, amplified by the large number of laws on the books.

Prosecutors themselves understand just how much discretion they enjoy. As Tim Wu recounted in 2007, a popular game in the U.S. Attorney’s Office for the Southern District of New York was to name a famous person—Mother Teresa, or John Lennon—and decide how he or she could be prosecuted:

It would then be up to the junior prosecutors to figure out a plausible crime for which to indict him or her. The crimes were not usually rape, murder, or other crimes you’d see on Law & Order but rather the incredibly broad yet obscure crimes that populate the U.S. Code like a kind of jurisprudential minefield: Crimes like “false statements” (a felony, up to five years), “obstructing the mails” (five years), or “false pretenses on the high seas” (also five years). The trick and the skill lay in finding the more obscure offenses that fit the character of the celebrity and carried the toughest sentences. The, result, however, was inevitable: “prison time.”7

It’s Incredibly Rare For A Grand Jury To Do What Ferguson’s Just Did | FiveThirtyEight
Former New York state Chief Judge Sol Wachtler famously remarked that a prosecutor could persuade a grand jury to “indict a ham sandwich.” The data suggests he was barely exaggerating: According to the Bureau of Justice Statistics, U.S. attorneys prosecuted 162,000 federal cases in 2010, the most recent year for which we have data. Grand juries declined to return an indictment in 11 of them
 

Cannuck

Time Out
Feb 2, 2006
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Exactly! Which is probably why you rarely if ever see them indicted for it, don't you think?

"As a practical matter, a federal grand jury will almost always return an indictment presented to it by a prosecutor. This is the basis for Judge Sol Wachtler's famous saying that a prosecutor can get a grand jury to 'indict a ham sandwich.'" — Solomon L. Wisenberg, " Federal Grand Jury Crash Course"
 

SLM

The Velvet Hammer
Mar 5, 2011
29,151
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London, Ontario
The system is biased towards the Police, would you say?
How many Officers stood around and did not provide CPR? Approx 4 or so?.

The GJ system in the US is a joke.

2010 stats -Approx 162,000 Federal indictments, 11 no indictments.

Columbia Law Review – Ham Sandwich Nation: Due Process When Everything Is a Crime

I. The Problem with Prosecutorial Discretion

Attorney General (and later Supreme Court Justice) Robert Jackson once commented: “If the prosecutor is obliged to choose his cases, it follows he can choose his defendants.”4 This method results in “[t]he most dangerous power of the prosecutor: that he will pick people he thinks he should get, rather than pick cases that need to be prosecuted.”5 Prosecutors could easily fall prey to the temptation of “picking the man, and then searching the law books . . . to pin some offense on him.”6 In short, prosecutors’ discretion to charge—or not to charge—individuals with crimes is a tremendous power, amplified by the large number of laws on the books.

Prosecutors themselves understand just how much discretion they enjoy. As Tim Wu recounted in 2007, a popular game in the U.S. Attorney’s Office for the Southern District of New York was to name a famous person—Mother Teresa, or John Lennon—and decide how he or she could be prosecuted:

It would then be up to the junior prosecutors to figure out a plausible crime for which to indict him or her. The crimes were not usually rape, murder, or other crimes you’d see on Law & Order but rather the incredibly broad yet obscure crimes that populate the U.S. Code like a kind of jurisprudential minefield: Crimes like “false statements” (a felony, up to five years), “obstructing the mails” (five years), or “false pretenses on the high seas” (also five years). The trick and the skill lay in finding the more obscure offenses that fit the character of the celebrity and carried the toughest sentences. The, result, however, was inevitable: “prison time.”7

It’s Incredibly Rare For A Grand Jury To Do What Ferguson’s Just Did | FiveThirtyEight
Former New York state Chief Judge Sol Wachtler famously remarked that a prosecutor could persuade a grand jury to “indict a ham sandwich.” The data suggests he was barely exaggerating: According to the Bureau of Justice Statistics, U.S. attorneys prosecuted 162,000 federal cases in 2010, the most recent year for which we have data. Grand juries declined to return an indictment in 11 of them

I'll counter that with this article which frankly makes a lot of sense to me. And they don't deny those statistics, but they do explain them.

Cops who kill and the limits of self-regulation

There’s a certain logic to that reluctance. Police officers generally have a tough job. They are issued deadly weapons and asked to insert themselves into situations that the rest of us want desperately to avoid. This requires a lot of situation-specific judgment. Most outsiders don’t understand the principles of modern policing, nor the challenges presented by life “on the street.” It’s easy to imagine — even absent any conspiracy theory and minus any accusations of racism — why a grand jury, and the prosecutor that guides it, might be reluctant to indict a cop.
This reluctance is part of a general pattern in society. There are circumstances in which outsiders generally are — and generally should be — reluctant to judge. Courts are generally quite reluctant, for example, to second-guess the work of licensed professionals: a court won’t typically tell a surgeon she’s done sloppy work, even if the patient died, unless credible expert witnesses — namely other surgeons — swear that the surgery didn’t meet their profession’s own standards. What if those standards are themselves flawed? Here, too, courts rarely intervene. Professions like medicine, nursing, and engineering are effectively given monopolies over fields of practice because (or so the story goes) their work is so complex, and requires such nuanced judgment, that only the members of the profession itself are qualified to set standards and to adjudicate violations.
There is bias everywhere, in just about every situation. Life, generally speaking, is not overly known for being 'fair'. Sometimes we just have to make the best of things as we can, even when doing so is a very bitter pill to swallow.
 

JLM

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Nov 27, 2008
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Never mind that. Show me in the video of the incident that is the subject of this thread how the video alone proves the officer's intent to kill. Because I've seen that sentiment expressed several times on this subject.

Were his actions stupid, reckless, unnecessary? Yeah, probably. But were they intentionally meant to cause death? Because homicide and manslaughter I believe were the charges being considered.


I'm not sure of the definition of the term "homicide" in the U.S. but in Canada it just means death caused by another human with or without evil intent.

Then you really just have to quit posting...


Do you really think he has the capacity to grasp what you are saying?:)
 

Locutus

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Jun 18, 2007
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Great defense that protects Officers.
I did not mean for the man to die. I forgot these chokeholds were banned.
Any non Police Officer using such a defense would have a high probability of being indicted at the least, and possibly convicted.

also, all the officers present (except the buckaroo) were given immunity for their testimony to the grand jury.


Personally I think the whole thing is all kinds of fukked up. But if I'm not mistaken it was actually the coroner who labeled cause of death as 'homicide'. And homicide, again if I'm not mistaken, requires proof of intent.

And that whole "strangler" bit from HuffPost was just beyond the pale. Do they also bring gasoline to bonfires?

the MSM is insidious in it's trolling.
 

Cannuck

Time Out
Feb 2, 2006
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Those that are supportive of police shootings will be happy to know that a recent study suggests half of all people shot by cops have mental health issues so, not only are we getting rid of our black and poor problem, we're also saving a bundle on health care. Lock and load!!

May as well post this here as well
 

Goober

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Jan 23, 2009
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Talking about yourself in the third person again??

Note how he looks deep into your eyes while...


And as a bonus for a belly laugh over such a great zinger of a line, this.............

 

Corduroy

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Feb 9, 2011
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Sorry Corduroy, I don't recall my train of thought. It certainly doesn't make sense to me as it appears! I'm wondering if dumb old me didn't connect it to the wrong post.:)

You were playing the first year philosophy major role. "How do we know what what is?" But there's no longer a need to defend Eric Garner's killer by getting all wishy washy about the hard evidence, we can now talk about cigarette taxes and Michael Bloomberg. What a relief.

When Eric Garner was being strangled to death he said "I can't breathe" and since we all know if you say that then you *can* breathe, he clearly didn't die from an actual inability to breathe. It was a metaphor. What he meant to say was "I can't breathe under all these stifling taxes and hey guys don't you think Bloomberg is a bit of a liberal?"
 

EagleSmack

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Feb 16, 2005
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You were playing the first year philosophy major role. "How do we know what what is?" But there's no longer a need to defend Eric Garner's killer by getting all wishy washy about the hard evidence, we can now talk about cigarette taxes and Michael Bloomberg. What a relief.

When Eric Garner was being strangled to death he said "I can't breathe" and since we all know if you say that then you *can* breathe, he clearly didn't die from an actual inability to breathe. It was a metaphor. What he meant to say was "I can't breathe under all these stifling taxes and hey guys don't you think Bloomberg is a bit of a liberal?"


Was he strangled to death?