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re: Officer in Eric Garner case: I never used a choke hold

Posted on 12/11/14 at 12:26 pm to
Posted by the808bass
The Lou
Member since Oct 2012
111801 posts
Posted on 12/11/14 at 12:26 pm to
quote:

Okay. I'm completely false based on what?


I cannot determine what another person does to me. It's a false construct to say otherwise.

In a perfect world, police would only respond with appropriate force in every situation. But in a perfect world, there would be nothing for police to respond to.
Posted by Gulf Coast Tiger
Ms Gulf Coast
Member since Jan 2004
18738 posts
Posted on 12/11/14 at 12:37 pm to
quote:

In a perfect world, police would only respond with appropriate force in every situation. But in a perfect world, there would be nothing for police to respond to.



But we are all HUMAN and we all have faults
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 12/11/14 at 12:50 pm to
quote:

It's a false construct


followed by

quote:

In a perfect world,


Interesting tactic.



Posted by the808bass
The Lou
Member since Oct 2012
111801 posts
Posted on 12/11/14 at 12:51 pm to
I'm not sure you can really appropriately respond. I apologize for assuming you could.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 12/11/14 at 12:53 pm to
Really?

Person breaks the law or is suspected of doing so. Police respond. Person responds to police and police act accordingly. What is false about that "construct"?
This post was edited on 12/11/14 at 12:55 pm
Posted by meauxjeaux2
watson
Member since Oct 2007
60283 posts
Posted on 12/11/14 at 1:09 pm to
Posted by Meauxjeaux
98836 posts including my alters
Member since Jun 2005
40478 posts
Posted on 12/11/14 at 1:26 pm to
quote:

I'm definitely not "making shite up" but I have relied on reporting and haven't read the report myself.

You would say this article is an inaccurate assessme of the examiners report?


From your article...
quote:

So in a medical examiner’s report “homicide” just means one person intentionally did something that led to the death of someone else. It doesn’t mean the death was intentional and it doesn’t mean it was a crime.
Posted by the808bass
The Lou
Member since Oct 2012
111801 posts
Posted on 12/11/14 at 1:29 pm to
quote:

Really? Person breaks the law or is suspected of doing so. Police respond. Person responds to police and police act accordingly. What is false about that "construct"?


The "act accordingly" is a choice the police make. It is not determined for them.
Posted by tigress4life
BR
Member since May 2007
956 posts
Posted on 12/11/14 at 1:29 pm to
LINK

The "takedown" was like this, also not a chokehold.

The idiotic thing is when violent crime is taking place, why use the cops to enforce the tax on cigarettes law. Garner had been arrested nine times before for selling loose cigarettes which is frickin ridiculous to begin with but the city needs every penny they think are due them.

And there were a like a half dozen cops, seems like someone could have handled this better, they knew the guy, had arrested him many times before. Why the frick stress someone with asthma over a few dollars of tax, dumb, dumb.
Posted by baybeefeetz
Member since Sep 2009
31671 posts
Posted on 12/11/14 at 1:31 pm to
how the frick did they know he had asthma?
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89780 posts
Posted on 12/11/14 at 1:39 pm to
quote:

how the frick did they know he had asthma?


It's a good point. It will not serve as a defense in civil litigation, but would definitely be a mitigating factor in criminal ligation - at least in some jurisdictions.

It's interesting the lengths both sides have gone to - the pro-cops side of defending every little thing (I personally think the overall use of force was excessive) and the pro-Garner side ignoring all the obvious red flags (repeat customer, was resisting, was 400 pounds, and, although apparently fragile, was not obviously so) - this was a tragic confluence of overpolicing, a career criminal with a myriad of health problems, and use of force disproportional to the crime alleged.

Sad. And, really, there is no one to blame, because everyone is to blame (including Garner).

Posted by the808bass
The Lou
Member since Oct 2012
111801 posts
Posted on 12/11/14 at 1:43 pm to
This has been used as a defense repeatedly in every case of positional asphyxia by the police.

They keep vowing to change procedures and policies, but it's been a couple of decades. And we're not holding our breath.


So to speak.
This post was edited on 12/11/14 at 1:44 pm
Posted by the808bass
The Lou
Member since Oct 2012
111801 posts
Posted on 12/11/14 at 1:43 pm to
Dupe
This post was edited on 12/11/14 at 1:44 pm
Posted by C
Houston
Member since Dec 2007
27844 posts
Posted on 12/11/14 at 1:51 pm to
There are only so many ways to physically detain.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 12/11/14 at 1:52 pm to
quote:

The "act accordingly" is a choice the police make. It is not determined for them.


And when they don't act accordingly:

quote:

you have the beginning of an excessive force case.



The police act according to the level of resistance.
This post was edited on 12/11/14 at 1:54 pm
Posted by FooManChoo
Member since Dec 2012
41867 posts
Posted on 12/11/14 at 1:52 pm to
quote:

Why the frick stress someone with asthma over a few dollars of tax, dumb, dumb.
The purpose of the law is to collect taxes, but I wasn't aware of the necessity for the police to know the purpose of the law to enforce the law (though I'm sure it is helpful).

You can also make that argument for a lot of crimes that seem petty or insignificant or that you just simply disagree with.
Posted by tigress4life
BR
Member since May 2007
956 posts
Posted on 12/11/14 at 1:54 pm to
quote:

You're a surgeon doing a procedure but somewhere during that time you make a monumental accidental mistake during the surgery that costs your patient's life.


The doctor's "accidental mistake" is not negligent homicide automatically by the way.

" A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances."

"Gross negligence" for negligent homicide is the standard so the negligence would be have to deviate from the normal standard of care, behavior, etc., and the deviation in most cases would have to be extreme.

The "doctor" would then be handled civilly, not criminally.
Posted by the808bass
The Lou
Member since Oct 2012
111801 posts
Posted on 12/11/14 at 2:01 pm to
quote:

There are only so many ways to physically detain.


So police had to kill him. Well, that certainly makes more sense.
Posted by the808bass
The Lou
Member since Oct 2012
111801 posts
Posted on 12/11/14 at 2:02 pm to
quote:

The police act according to the level of resistance.


To a layperson, nothing in that video appears to be based upon the level of Garner's resistance.
Posted by Tigerstudent08
Lakeview
Member since Apr 2007
5776 posts
Posted on 12/11/14 at 2:06 pm to
quote:

Garner had been arrested nine times before for selling loose cigarettes which is frickin ridiculous to begin with

AGREED! Obviously the guy refused to stop breaking the law. They should have locked him up for being a repeat offender a loooong time ago. Had they done that this whole thing could've been prevented!
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