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NJCher

(35,685 posts)
Sun Dec 7, 2014, 03:05 PM Dec 2014

Why it’s so difficult to charge police officers who kill

This article solved a lot of questions for me. It certainly isn't the first time the U.S. has suffered terribly because of bad Supreme Court decision.

Example: Santa Clara County v. Southern Pacific Railroad Company, 118 US 394 (1886)
(corporate personhood)

snip:

To many who saw the video of a New York police officer applying a chokehold to Eric Garner before he died, the decision about whether to charge the officer was an easy call. They were shocked that a grand jury in New York failed to indict officer Daniel Pantaleo, particularly since the officer was white and Garner was black.

But it’s not what’s on a video that matters so much under the law. Nor is it even whether the officer did or did not harbor racial prejudice. It’s what was going through the mind of the cop in the few seconds when he chose to use force that counts and whether his decision was “reasonable” under the circumstances at that time, not with the benefit of hindsight.

And “reasonable” is defined not by what the general public may think but what cops in a similar situation would think.

That’s what the U.S. Supreme Court has said. And that’s among the reasons it’s so hard to bring charges against cops when they use force — even lethal force.

snip

Read more at:

http://www.washingtonpost.com/news/morning-mix/wp/2014/12/04/why-its-so-difficult-to-charge-police-officers-who-kill/

It's heartbreaking.



Cher
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Why it’s so difficult to charge police officers who kill (Original Post) NJCher Dec 2014 OP
Know the one thing that's not heartbreaking about it? Jackpine Radical Dec 2014 #1

Jackpine Radical

(45,274 posts)
1. Know the one thing that's not heartbreaking about it?
Sun Dec 7, 2014, 03:53 PM
Dec 2014

It's getting exposed. People really are getting fed up.

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