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Campfire Ranger
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Campfire Ranger
Joined: Jan 2012
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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. He'd probably forget about the outstanding warrant if at home too, you know be all chill.
FJB & FJT
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Campfire Sage
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Campfire Sage
Joined: Aug 2007
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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
Standby for another paragraph of imaginary bullschit.
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 Ranger
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Campfire Ranger
Joined: Feb 2011
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A woman panicked in a high stress situation, there's nothing unusual about that.
They shouldn't be cops or soldiers, period.
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
Posts: 30,881 |
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. She was a LEO, she is taught the difference between a firearm and a tasser. She put them on her belt. Definitely negligence She will also loose the criminal case for negligence
Last edited by jwp475; 04/15/21.
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: 131,452
Campfire Sage
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Campfire Sage
Joined: Jun 2002
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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!!!!!!!!!!!!!!!!!!!! Agreed.
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Joined: Jun 2002
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Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,452 |
How do you prove a mistake of fact?
It's an affirmative defense, so the standard of proof would be mere preponderance of evidence, i.e., a reasonable person would conclude, based on the facts asserted by the defense (along with proffered evidence), that it's more likely the case than not. I think such things as her voice having been recorded saying, right before the shooting, "I'm going to Taser you," while holding the Glock, and then her voice, after the shooting, expressing surprise, stating "I just shot him," would satisfy the standard.
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Joined: Apr 2005
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
Posts: 30,881 |
How do you prove a mistake of fact?
It's an affirmative defense, so the standard of proof would be mere preponderance of evidence, i.e., a reasonable person would conclude, based on the facts asserted by the defense, that it's more likely the case than not. I think such things as her voice having been recorded saying, right before the shooting, "I'm going to taser you," while holding the Glock, and then her voice, after the shooting, expressing surprise, stating "I just shot him," would satisfy the standard. A reasonable person would conclude that she is a police officer trained in the use of deadly force and non lethal force. She knows the difference between a firearm and a tasser. She also puts each on her belt and knows where she put each. Definitely a case of negligent homicide
I got banned on another web site for a debate that happened on this site. That's a first
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Joined: Dec 2006
Posts: 28,172
Campfire Ranger
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Campfire Ranger
Joined: Dec 2006
Posts: 28,172 |
How do you prove a mistake of fact?
It's an affirmative defense, so the standard of proof would be mere preponderance of evidence, i.e., a reasonable person would conclude, based on the facts asserted by the defense, that it's more likely the case than not. I think such things as her voice having been recorded saying, right before the shooting, "I'm going to taser you," while holding the Glock, and then her voice, after the shooting, expressing surprise, stating "I just shot him," would satisfy the standard. My wife just shook her head and said" Women have no business being street cops. They can't handle the stress.". She had worked for a while as as dispatcher at our local PD and said she couldn't handle it. She's a real anomaly, a level-headed woman. She is the first to say the same.
Hunt with Class and Classics
Religion: A founder of The Church of Spray and Pray
Acquit v. t. To render a judgment in a murder case in San Francisco... EQUAL, adj. As bad as something else. Ambrose Bierce “The Devil's Dictionary”
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Posts: 131,452
Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,452 |
A woman panicked in a high stress situation, there's nothing unusual about that.
They shouldn't be cops or soldiers, period. Agreed.
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Joined: Jun 2002
Posts: 131,452
Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,452 |
Definitely a case of negligent homicide
Sorry, but that's incorrect. Negligent homicide is not a simple combination of 1) the standard for tortious negligence and 2) a resulting death.
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Joined: Jun 2002
Posts: 131,452
Campfire Sage
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Campfire Sage
Joined: Jun 2002
Posts: 131,452 |
How do you prove a mistake of fact?
It's an affirmative defense, so the standard of proof would be mere preponderance of evidence, i.e., a reasonable person would conclude, based on the facts asserted by the defense, that it's more likely the case than not. I think such things as her voice having been recorded saying, right before the shooting, "I'm going to taser you," while holding the Glock, and then her voice, after the shooting, expressing surprise, stating "I just shot him," would satisfy the standard. My wife just shook her head and said" Women have no business being street cops. They can't handle the stress.". She had worked for a while as as dispatcher at our local PD and said she couldn't handle it. She's a real anomaly, a level-headed woman. She is the first to say the same. She's correct, IMO.
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Apr 2005
Posts: 30,881 |
Definitely a case of negligent homicide
Sorry, but that's incorrect. Negligent homicide is not a simple combination of 1) the standard for tortious negligence and 2) a resulting death. You are totally clueless
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
Joined: Jun 2002
Posts: 131,452 |
Definitely a case of negligent homicide
Sorry, but that's incorrect. Negligent homicide is not a simple combination of 1) the standard for tortious negligence and 2) a resulting death. You are totally clueless Okay.
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Campfire Ranger
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Campfire Ranger
Joined: Jun 2008
Posts: 18,465 |
Definitely a case of negligent homicide. She clearly recklessly caused the death of another person.
Every day on this side of the ground is a win.
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Campfire Sage
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Campfire Sage
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Posts: 115,424 |
A woman panicked in a high stress situation, there's nothing unusual about that.
They shouldn't be cops or soldiers, period. I don’t think most 25 year veterans of Brooklyn Fugking Center, MN would consider that a high stress situation. I’m pretty sure they’d classify it as a weekday.
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: Feb 2011
Posts: 26,389
Campfire Ranger
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Campfire Ranger
Joined: Feb 2011
Posts: 26,389 |
A woman panicked in a high stress situation, there's nothing unusual about that.
They shouldn't be cops or soldiers, period. I don’t think most 25 year veterans of Brooklyn Fugking Center, MN would consider that a high stress situation. I’m pretty sure they’d classify it as a weekday. Sure seemed high stress to her.
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Campfire Regular
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Campfire Regular
Joined: May 2004
Posts: 2,816 |
Holy crap , how many lawyers do we have on this thread ?
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Joined: Apr 2017
Posts: 19,558
Campfire Ranger
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Campfire Ranger
Joined: Apr 2017
Posts: 19,558 |
Need some "Day with no Police"
"Maybe we're all happy."
"Go to the sporting goods store. From the files, obtain form 4473. These will contain descriptions of weapons and lists of private ownership."
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Joined: Dec 2019
Posts: 16,911
Campfire Ranger
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Campfire Ranger
Joined: Dec 2019
Posts: 16,911 |
11 - Stupid RC drops her service pistol in the middle of the street, because that's how you insure there's no accidental drop fire discharge.
The wires must have pulled it out of her hand when the perpetrators drove away.
-OMotS
"If memory serves fails me..."
Quote: ( unnamed) "been prtty deep in the cooler todaay "
Television and radio are most effective when people question little and think even less.
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Joined: Aug 2007
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Campfire Sage
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Campfire Sage
Joined: Aug 2007
Posts: 115,424 |
Definitely a case of negligent homicide
Sorry, but that's incorrect. Negligent homicide is not a simple combination of 1) the standard for tortious negligence and 2) a resulting death. You are totally clueless TRH managed to be 100% wrong in every regard. LOL Arrogance and ignorance is a horrible combination.
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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