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Campfire Sage
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Campfire Sage
Joined: Aug 2007
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Devastating rebuttal. OK, Hawkeye. I'll give you a rebuttal. Mistake of Fact would be an officer believing a suspect matches the description of a wanted felon in their AOR. As a result the officer approaches the subject in an advanced state of readiness because the suspect has a history of violent assault and attempted murder. As he approaches the suspect the suspect pulls a phone out of their pocket and the officer believes it to be a firearm. The officer shoots and kills the suspect. Mistake of fact would be 1.) It was not a gun. 2.) Although the appearance and location of the suspect were nearly identical to the individual the officer was looking for, he ended up not being the wanted felon. You could interject mistake of facts in a case like this as a defense. But "golly shucks officer, I forgot the pedal on the right make it go fast and the pedal on the left make it stop" is not an argument for mistake of fact. It means you're just a fugkin idiot that can't drive, and you killed somebody as a result. I hope now that you see you don't know WTF you're talking about. But I doubt it.
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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Joined: Jun 2002
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Campfire Sage
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Campfire Sage
Joined: Jun 2002
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Devastating rebuttal. OK, Hawkeye. I'll give you a rebuttal. Mistake of Fact would be an officer believing a suspect matches the description of a wanted felon in their AOR. As a result the officer approaches the subject in an advanced state of readiness because the suspect has a history of violent assault and attempted murder. As he approaches the suspect the suspect pulls a phone out of their pocket and the officer believes it to be a firearm. The officer shoots and kills the suspect. Mistake of fact would be 1.) It was not a gun. 2.) Although the appearance and location of the suspect were nearly identical to the individual the officer was looking for, he ended up not being the wanted felon. You could interject mistake of facts in a case like this as a defense. But "golly shucks officer, I forgot the pedal on the right make it go fast and the pedal on the left make it stop" is not an argument for mistake of fact. It means you're just a fugkin idiot that can't drive, and you killed somebody as a result. I hope now that you see you don't know WTF you're talking about. But I doubt it. That's a nonsense rebuttal. The criteria for a mistake of fact defense is that it be credible. Which means, to deny it to her, you'd have to assert that she actually knew it was a Glock and not a Taser at the moment she pulled the trigger. Is that what you're asserting?
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Joined: Aug 2007
Posts: 115,424 Likes: 13
Campfire Sage
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Campfire Sage
Joined: Aug 2007
Posts: 115,424 Likes: 13 |
That's a nonsense rebuttal. The criteria for a mistake of fact defense is that it be credible. Which means, to deny it to her, you'd have to assert that she actually knew it was a Glock and not a Taser at the moment she pulled the trigger. Is that what you're asserting?
That went exactly like I thought it would. LOL
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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Joined: Jun 2002
Posts: 131,790 Likes: 23
Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,790 Likes: 23 |
That's a nonsense rebuttal. The criteria for a mistake of fact defense is that it be credible. Which means, to deny it to her, you'd have to assert that she actually knew it was a Glock and not a Taser at the moment she pulled the trigger. Is that what you're asserting?
That went exactly like I thought it would. LOL On that we can agree.
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Campfire Sage
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Campfire Sage
Joined: Aug 2007
Posts: 115,424 Likes: 13 |
Hey, why did you run over that four year old?
Oh because I thought it was in reverse. Mistake of Fact, your honor.
LOL
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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Posts: 46,965
Campfire 'Bwana
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Campfire 'Bwana
Joined: Jul 2004
Posts: 46,965 |
There's a lot of if's, and's, and but's here..........however, the bottom line is as it always in cases like this...........the Negro would still be alive had he just complied with the police, and not resisted. Why can't they just understand that, even at their IQ level. Few would quarrel with that. The facts are he didn't comply, and one officer could not get the cuffs on him and backed off allowing him the opportunity to get away, then the woman cop interceded by the time he got in his vehicle and shot him instead of tasing him, as she was announcing she was doing. Had she been a rookie it would not look so bad but she wasn't. She was someone who trained rookies and killed a man regardless of the prior situation. If the person she foolishly killed had been anyone else's son, husband, friend they would demand justice, too, regardless of their skin color.
We may know the time Ben Carson lied, but does anyone know the time Hillary Clinton told the truth?
Immersing oneself in progressive lieberalism is no different than bathing in the sewage of Hell.
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Campfire Ranger
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Campfire Ranger
Joined: Nov 2015
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There's a lot of if's, and's, and but's here..........however, the bottom line is as it always in cases like this...........the Negro would still be alive had he just complied with the police, and not resisted. Why can't they just understand that, even at their IQ level. Few would quarrel with that. The facts are he didn't comply, and one officer could not get the cuffs on him and backed off allowing him the opportunity to get away, then the woman cop interceded by the time he got in his vehicle and shot him instead of tasing him, as she was announcing she was doing. Had she been a rookie it would not look so bad but she wasn't. She was someone who trained rookies and killed a man regardless of the prior situation. If the person she foolishly killed had been anyone else's son, husband, friend they would demand justice, too, regardless of their skin color. The sad, but undeniable truth here is that if she had shot a White guy, under the exact same circumstances, it would not have made the news.
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Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,790 Likes: 23 |
Hey, why did you run over that four year old?
Oh because I thought it was in reverse. Mistake of Fact, your honor.
LOL That would be a civil case, not criminal, if the assertion that it was a mistake was credible under the circumstances, and not just a post hoc excuse to explain away reckless or malicious conduct. If the latter, then it's a criminal matter.
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Jun 2004
Posts: 34,291 Likes: 7 |
She'll do time, I'll guess 3 years. She likely will, which is why she shouldn't have been charged. It's a civil matter, not criminal, when one causes death or injury due to mishandling their work-related equipment. There was zero malice on her part. There was no reckless disregard on her part. In the midst of mayhem (caused by the deceased), she accidentally grabbed the wrong piece of equipment. In law, that's called mistake of fact, which is clear here. Mistake of fact renders one innocent of criminal mens rea. Cept, cops are and should be held to a higher standard than say, a logger with a saw.
Give a man a fish and he eats for a day. Give a man a welfare check, a forty ounce malt liquor, a crack pipe, an Obama phone, free health insurance. and some Air Jordan's and he votes Democrat for a lifetime.
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
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Hey, why did you run over that four year old?
Oh because I thought it was in reverse. Mistake of Fact, your honor.
LOL That would be a civil case, not criminal, if the assertion that it was a mistake was credible under the circumstances, and not just a post hoc excuse to explain away reckless or malicious conduct. If the latter, then it's a criminal matter. If someone takes your cow with the intent to purchase but doesn't pay, is this civil or criminal?
I got banned on another web site for a debate that happened on this site. That's a first
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Jun 2004
Posts: 34,291 Likes: 7 |
Folks if ol'Daunte complies he's not shot. Yes she made a mistake but we don't put mistake makers in prison. Personally I hope she walks. Who on earth told you that mistake makers don't go to prison? Look up "Mistake of Fact." That's what happened here. No. It isn't. So, she just pretended to have grabbed the wrong piece of equipment in order to execute Daunte? No, she was negligent, maybe. Negligent or not, she was "Incompetent" at the very least. To be negligent is to be neglectful. Negligence is an important legal concept; it's usually defined as the failure to use the care that a normally careful person would in a given situation. Negligence is a common claim in lawsuits regarding medical malpractice, auto accidents, and workplace injuries.
Give a man a fish and he eats for a day. Give a man a welfare check, a forty ounce malt liquor, a crack pipe, an Obama phone, free health insurance. and some Air Jordan's and he votes Democrat for a lifetime.
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Campfire Ranger
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Campfire Ranger
Joined: Nov 2005
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Former officer Kim Potter made a fatal mistake and many have had their lives changes forever. Obviously Mr. Wright paid a very high price. However in too many cases the "person of interest" has elevated the contact with failing to comply. His two count gross misdemeanor - possession of a firearm w/o a permit and fleeing a peace officer was going to lead to an arrest. His probation from an earlier aggravated robbery would also have been revoked. The lenient cost would most likely have increased his bail as their goal is to minimize the Hennepin County jail roster. To repeat, none of this excuses Potter - but all would be with us today, but the media will never tell the entire story.
My home is the "sanctuary residence" for my firearms.
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Joined: Jun 2002
Posts: 131,790 Likes: 23
Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,790 Likes: 23 |
If someone takes your cow with the intent to purchase but doesn't pay, is this civil or criminal? Nonsense comparison. Or you need to fill in a lot of missing factors.
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Jun 2004
Posts: 34,291 Likes: 7 |
Last edited by steve4102; 04/15/21.
Give a man a fish and he eats for a day. Give a man a welfare check, a forty ounce malt liquor, a crack pipe, an Obama phone, free health insurance. and some Air Jordan's and he votes Democrat for a lifetime.
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
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If someone takes your cow with the intent to purchase but doesn't pay, is this civil or criminal? Nonsense comparison. Which is it? Or you simply don't know?
I got banned on another web site for a debate that happened on this site. That's a first
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Joined: Aug 2007
Posts: 115,424 Likes: 13
Campfire Sage
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Campfire Sage
Joined: Aug 2007
Posts: 115,424 Likes: 13 |
Hey, why did you run over that four year old?
Oh because I thought it was in reverse. Mistake of Fact, your honor.
LOL That would be a civil case, not criminal, if the assertion that it was a mistake was credible under the circumstances, and not just a post hoc excuse to explain away reckless or malicious conduct. If the latter, then it's a criminal matter. LOL Just stop.
Trump being classless,tasteless and clueless as usual. Sorry, trump is a no tax payin pile of shiit. My young wife decided to play the field and had moved several dudes into my house
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Joined: Jun 2002
Posts: 131,790 Likes: 23
Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,790 Likes: 23 |
No, she was negligent, maybe. Negligent or not, she was "Incompetent" at the very least.
To be negligent is to be neglectful. Negligence is an important legal concept; it's usually defined as the failure to use the care that a normally careful person would in a given situation. Negligence is a common claim in lawsuits regarding medical malpractice, auto accidents, and workplace injuries.
That's a legitimate argument, but one to be made in civil, not criminal, court.
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Joined: Jun 2002
Posts: 131,790 Likes: 23
Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,790 Likes: 23 |
If someone takes your cow with the intent to purchase but doesn't pay, is this civil or criminal? Nonsense comparison. Which is it? Or you simply don't know? Fill in the facts a bit more so we can discuss it. Too sparse.
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Jun 2004
Posts: 34,291 Likes: 7 |
No, she was negligent, maybe. Negligent or not, she was "Incompetent" at the very least.
To be negligent is to be neglectful. Negligence is an important legal concept; it's usually defined as the failure to use the care that a normally careful person would in a given situation. Negligence is a common claim in lawsuits regarding medical malpractice, auto accidents, and workplace injuries.
That's a legitimate argument, but one to be made in civil, not criminal, court. See my above definition of Negligent Homicide.
Give a man a fish and he eats for a day. Give a man a welfare check, a forty ounce malt liquor, a crack pipe, an Obama phone, free health insurance. and some Air Jordan's and he votes Democrat for a lifetime.
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Joined: Apr 2005
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
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No, she was negligent, maybe. Negligent or not, she was "Incompetent" at the very least.
To be negligent is to be neglectful. Negligence is an important legal concept; it's usually defined as the failure to use the care that a normally careful person would in a given situation. Negligence is a common claim in lawsuits regarding medical malpractice, auto accidents, and workplace injuries.
That's a legitimate argument, but one to be made in civil, not criminal, court. Negligent injury, negligent homicide or both criminal
I got banned on another web site for a debate that happened on this site. That's a first
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