Home Forums Hunting & Shooting Hunter's Campfire Female cop grabs side arm instead of Taser...

Ponder these twists in the incident, the officer does use the taser on the suspect and some reason he goes into cardiac arrest and dies. We would still have a huge media out cry and the police officer would be accused of what? Or the taser does work effectively and the suspect drives away in the car and while fleeing, he hits and kills innocent people in another vehicle. The out cry would be why did the police not stop the suspect! Now and for the near future few will be satisfied with our work product. I remember when we used to be the good guys doing a difficult job. That time is gone.

You are far removed from reality, there is most certainly criminal liability as has already been shown with actual cases in this thread

There was also a time when LEO shot fleeing suspects without criminal liability

I already stated that I thought she should have made the conscious decision and shot the bastard to keep him off the street.

But she was not capable of that thought process either.

I was not aware that North Florida was "Bizarroworld". Because that sure as hell is not the way it works in the real world. Not even in the free state of Idaho. Nor has it worked that way in the last sixty years.

Criminality is always presumed to be the cause of vehicular deaths in Idaho?

This Thread?

laffin,,,,:)

Hows about a huge % of the hunterscampfire.

Absent exigent circumstances, such as a road suddenly turning ice, or a perfectly good tire blowing out in a corner.

Yes, pretty much. Even in single car roll overs. If you kill a passenger, you are pretty much toast. Even if it is your own kid, perhaps especially if it is your own kid.

They do not always push felony charges in these cases however. The two specifics I quoted, one was misdemeanor, the other a citation.

Minnesota Involuntary Manslaughter Law
By FindLaw Staff | Reviewed by Maddy Teka, Esq. | Last updated April 14, 2021

Involuntary manslaughter is causing a person’s death by your own reckless or grossly negligent actions. In this type of manslaughter, it’s the disregard for the safety of others or risk of death that makes the actions criminal, rather than any intent to harm the victim. Minnesota also views these accidental deaths as criminal, but doesn't penalize the crime as severely as an intentional killing.

Minnesota Second Degree Manslaughter
Involuntary manslaughter in Minnesota is called manslaughter in the second degree (or second degree manslaughter). This charge covers situations where a person's negligence created an unreasonable risk or where a person consciously took a chance resulting in the death of a person. If convicted, you can face up to 10 years in prison and not more than a $20,000 fine.

Vehicular Homicide
In addition, there are two types of criminal vehicular homicide, one for humans and another for unborn fetuses.

All of these charges are below the intentional homicide crimes of first-degree murder, second-degree murder, third-degree murder, and voluntary manslaughter. Vehicular homicide is prohibited to address negligent driving, such as drunk driving or texting and driving.

Depraved Heart Murder vs. Criminally Negligent Manslaughter
Depraved heart murder is a part of the Minnesota murder in the third degree statute. This is causing an act so eminently dangerous to others that you would not have done it without having a completely depraved heart or mind. An example of this crime is walking into the middle of a crowd and shooting a gun in any direction. In other words, not actually intending to kill a specific person, but doing so just to see what would happened. This isn’t socially acceptable because we all know it’s extremely likely to cause harm.

In comparison, the type of criminal negligence that arises in second degree manslaughter in Minnesota are actions that are likely to cause harm to others, but there’s no eminence to the risk, necessarily. For example, rock climbing at night without ropes is dangerous. If you add throwing rocks at your friend while on the cliff as a not-so-funny practical joke, and that causes him to fall off and die, you may be charged manslaughter in the second degree. Even if you didn’t intend to kill your friend, your actions were unreasonably risky. Additionally, playing chicken with a car that causes the other driver to be run off the road, hit a telephone pole, and die could be criminal vehicular homicide or involuntary manslaughter.

The following table outlines Minnesota’s involuntary manslaughter laws.

Code Sections

Minnesota Statutes Sections 609.205 – Manslaughter in the Second Degree, 609.2112 – Criminal Vehicular Homicide, and 609.2114 – Criminal Vehicular Operation: Unborn Child

What is Prohibited?

Minnesota law provides for several forms of accidental death killing that are still criminal

Manslaughter in the Second Degree is causing the death of another through any of the following means:
Negligence that created an unreasonable risk and consciously chances causing death or great bodily harm to another
Shooting another with a firearm or dangerous weapon because you negligently believed the person to be a deer or animal (hunting accidents)
Setting traps such as spring guns, pit falls, snares, etc.
Permitting any animal you know has vicious propensities or has caused physical harm in the past, to run uncontrolled off your home or land or failing to keep it properly confined (the privately owned tiger problem)
Neglecting or endangering a child, but not committing murder in the 1st, 2nd, or 3rd degree
Criminal Vehicular Homicide is causing a death (including of an unborn child) that isn’t murder or manslaughter from operating a motor vehicle in any of the following ways:
Grossly negligently
Negligently while under the influence of alcohol or drugs (includes Schedule I or II controlled substances, besides marijuana)
While having a blood alcohol concentration (BAC) of 0.08 or more
Negligently while knowingly under the influence of a hazardous substance (such as a chemical or gas that can cause death or serious physical harm)
When the driver causing the collision leaves the scene, despite the law requiring a driver to stop if anyone is injured or dead
When a driver is informed by a police officer that the car is defectively maintained, doesn’t fix the problem, and the death is caused by the defective maintenance (i.e. other car couldn’t see your car as you had no working headlights)
Penalty
Both manslaughter in the second degree and criminal vehicular homicide (either a person or unborn child killed) can be punished by no more than 10 years in prison and not more than a $20,000 fine.

For comparison, murder in the third degree can be sentenced to up to 25 years in prison.

Defenses
It’s a defense to manslaughter in the second degree that the victim provoked the dangerous animal, causing the victim’s death. An example of this would be if the tiger in the San Francisco Zoo who killed a 17 year old in 2007 after being teased and taunted by the four young men, had been privately owned. The defendant must prove it was the victim’s fault by a preponderance of the evidence

https://statelaws.findlaw.com/minnesota-law/minnesota-involuntary-manslaughter-law.html

Did Paul and TRH learn something yet?

Or are they still just spinning in circles and telling everybody else that they're wrong?

Just a matter of different opinions, Deflave. I hope you understood that I was joking when I said stuff like "How else are you going to learn." That was meant to be funny. In the end, we will all have to wait and see what sorts of arguments ultimately get made on either side.

I know. I took no offense.


Love always,
Flave

Lol

Does anyone think there will be no criminal charges in this one. It was, after all, just an accident.

All he did, was to cross the median and hit another semi headon.

Likely some recklessness going on there.

As a relevant hypothetical, though, let's consider the following scenario. Lets say, while he was stopped in traffic, a hijacker gained entry to his cab and started fighting with him for control over the truck. During the conflict, the truck driver accidentally caused the truck to lurch forward (let's say that, during the exigency of the moment, he confused the accelerator with the break), killing a pedestrian. Where does the criminal blame fall? The driver or the hijacker?

Let's add that the truck driver has 15 years experience, and even teaches defensive driving to new truck drivers.

After reading this. The female cop should receive the same treatment as the DC or Capital cop who killed the young unarmed veteran. Hasbeen

Jackson "20 dollar" Handy must have come up for air to post from the shrimpin' party he and cs2blue are at.

Oh no.

That shoot was like, totally legit.

I don’t know the ins and out is the Minnesota law on this one, so I have no opinion on what what she should be charged with, if anything. It was obviously a mistake brought on by stress and possibly lack of or poor training. It does strike me, however that they should endeavor to make utilizing a taser a completely different skill set than using a firearm so that there is practically zero chance of this happening. By that, I mean redesign the taser so that the grip in no way resembles that of a a pistol and there is zero chance one mistakes one for the other. Maybe, shape a taser more like the old mag lights everyone had to carry and instead of pointing it like a pistol, you point it like a flashlight.

I think not carrying one solves all kinds of problems.