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Campfire Sage
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Campfire Sage
Joined: Jun 2002
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You clearly have no idea the meaning of negligence
Again, I suppose we will have to see how this pans out. To me, it seems like negligence within the context of civil law. I see no criminal fault in what she did. Negligent homicide refers to the killing of another person through reckless or negligent behavior. It differs from other forms of homicide due to the implied lack of malice and intent. Common examples of negligent homicide involve motor vehicle accidents that result in fatalities. To explore this concept, consider the following negligent homicide definition. Negligent homicide is not as simple as adding negligence and a death that results from it. Mere mistakes by well meaning professionals under exigent circumstances resulting in death are not crimes.
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
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Negligence: A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct).
Right, but you're describing a tort, not a crime. No it can be and is both
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
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Campfire Sage
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Campfire Sage
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On what do you base your vast knowledge? I watched a lot of NYPD Blue when I was younger.
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
Posts: 131,547 |
Negligence: A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct).
Right, but you're describing a tort, not a crime. No it can be and is both Can be, but not based on the above.
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
Posts: 30,897 |
You clearly have no idea the meaning of negligence
Again, I suppose we will have to see how this pans out. To me, it seems like negligence within the context of civil law. I see no criminal fault in what she did. Negligent homicide refers to the killing of another person through reckless or negligent behavior. It differs from other forms of homicide due to the implied lack of malice and intent. Common examples of negligent homicide involve motor vehicle accidents that result in fatalities. To explore this concept, consider the following negligent homicide definition. Negligent homicide is not as simple as adding negligence and a death that results from it. Mere mistakes by well meaning professionals under exigent circumstances resulting in death are not crimes.
I got banned on another web site for a debate that happened on this site. That's a first
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Joined: Apr 2005
Posts: 30,897
Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
Posts: 30,897 |
Negligence: A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one's previous conduct).
Right, but you're describing a tort, not a crime. No it can be and is both Can be, but not based on the above. B. S.
I got banned on another web site for a debate that happened on this site. That's a first
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Joined: Jun 2002
Posts: 131,547
Campfire Sage
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Campfire Sage
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None of that would apply in a mistake of fact scenario such as we have here, i.e., a well meaning professional, under exigent circumstances, grabbing the wrong piece of equipment. Our criminal laws are not designed to punish people for that sort of occurrence. That's why we have civil courts.
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
Posts: 30,897 |
You clearly have no idea the meaning of negligence
Again, I suppose we will have to see how this pans out. To me, it seems like negligence within the context of civil law. I see no criminal fault in what she did. Negligent homicide refers to the killing of another person through reckless or negligent behavior. It differs from other forms of homicide due to the implied lack of malice and intent. Common examples of negligent homicide involve motor vehicle accidents that result in fatalities. To explore this concept, consider the following negligent homicide definition. Negligent homicide is not as simple as adding negligence and a death that results from it. Mere mistakes by well meaning professionals under exigent circumstances resulting in death are not crimes. Well meaning doesn't negate negligence
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
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TRH, you ever pass the bar exam?
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
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Campfire Sage
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Campfire Sage
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None of that would apply in a mistake of fact scenario such as we have here, i.e., a well meaning profession, under exigent circumstances, grabbing the wrong piece of equipment. Our criminal laws are not designed to punish people for that sort of occurrence. That's why we have civil courts. I’m gonna give you some really good information. For free: If you shoot somebody, and they die? You can be charged criminally.
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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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
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None of that would apply in a mistake of fact scenario such as we have here, i.e., a well meaning profession, under exigent circumstances, grabbing the wrong piece of equipment. Our criminal laws are not designed to punish people for that sort of occurrence. That's why we have civil courts. I’m gonna give you some really good information. For free: If you shoot somebody, and they die? You can be charged criminally. Happens every where except in TRH's alternate universe
I got banned on another web site for a debate that happened on this site. That's a first
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Joined: Jun 2002
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Campfire Sage
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Campfire Sage
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Well meaning doesn't negate negligence
Not tortious negligence. No. You're correct. She could easily lose a lawsuit for falling short of her level of duty of care, and that regardless of good and praiseworthy intentions.
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Campfire Sage
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Campfire Sage
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TRH, you ever pass the bar exam?
Oh my God. Is he a lawyer? 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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Campfire 'Bwana
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Campfire 'Bwana
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TRH, you ever pass the bar exam?
Oh my God. Is he a lawyer? LOL Never practiced as an attorney, thankfully
I got banned on another web site for a debate that happened on this site. That's a first
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Campfire Outfitter
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Campfire Outfitter
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Too many tools to chose from. Too many different rules of engagement in too many different circumstances. When something happens fast I'm not going to bitch about an officer grabbing a gun instead of a taser because it's time to act. If you don't want to get your ass shot; DON'T RESIST ARREST!!!!!!!!!!!!!!!!!!!!
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Campfire Sage
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Campfire Sage
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Too many tools to chose from. Too many different rules of engagement in too many different circumstances. When something happens fast I'm not going to bitch about an officer grabbing a gun instead of a taser because it's time to act. If you don't want to get your ass shot; DON'T RESIST ARREST!!!!!!!!!!!!!!!!!!!! The Judge Dredd defense. Interesting.
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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Campfire 'Bwana
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Campfire 'Bwana
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well its to late for that young man he is dead , yes he should have not resisted but if i was a cop i would have just let him go and caught him later at home if he needed to be arrested. simple thing to do and no one gets hurt . some how some way someone needs to figure out how these young black people got to learn not to resist a police officer and behave themselves ???? Because he’s calm and compliant at his house? And fortified.. with more weapons. LMAO.
Slaves get what they need. Free men get what they want. Rehabilitation is way overrated. Orwell wasn't wrong. GOA member disappointed NRA member 24HCF SEARCH
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Campfire Ranger
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Campfire Ranger
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The traffic stop tactics gave Wright the ability to squirm away and get back into the car. The conversation was on the drivers side with the door open and in the traffic lane - poor tactics. Bring him to the rear or off on the right rear side. You removed his escape to the car and there was a second officer there.
Beyond the gross mis. warrant, the media WONT tell you that he was on probation for an earlier AGGRAVATED ROBBERY incident. So in addition to the fleeing and possession of a firearm w/o a permit (he was 19 at the time and incapable of a permit) his probation officer would have revoked his probation and likely he would be put in jail for an extended period of time.
Last edited by bigwhoop; 04/15/21.
My home is the "sanctuary residence" for my firearms.
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Campfire Oracle
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Campfire Oracle
Joined: Dec 2003
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26 year female cop. Probably didn’t attend training the last few years because “I’ve done my time”. Not surprised at all. Big difference from a pistol in the hand over a taser....purposefully so. She was a training officer and training the rookie that was attempting the handcuffing. Ironic.
If you take the time it takes, it takes less time.
--Pat Parelli
American by birth; Alaskan by choice.
--ironbender
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Joined: Apr 2005
Posts: 30,897
Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
Posts: 30,897 |
None of that would apply in a mistake of fact scenario such as we have here, i.e., a well meaning profession, under exigent circumstances, grabbing the wrong piece of equipment. Our criminal laws are not designed to punish people for that sort of occurrence. That's why we have civil courts. How do you prove a mistake of fact? Typically, the mistake that the defendant made must be a reasonable one. In other words, in order to be able to use mistake of fact as a defense at all, the mistake that the defendant made must have been one that an ordinary person would have made under the circumstances
I got banned on another web site for a debate that happened on this site. That's a first
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