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re: Video of cop shooting a dude who is in his car.....

Posted on 5/6/19 at 1:01 pm to
Posted by MoarKilometers
Member since Apr 2015
20671 posts
Posted on 5/6/19 at 1:01 pm to
quote:

If you don't find 15 dead officers in 15 weeks alarming, feel free to join the force.

I think my line of work had that total before Jan 3 ended...
quote:

I presented my opinion.

Whilst also stating that it was fact
Posted by troyt37
Member since Mar 2008
14680 posts
Posted on 5/6/19 at 1:15 pm to
quote:

Again, stick with what you know when you pontificate on what's what.


The law is not your purview, counselor. It's not what lawyers or judges say it is. It's not what the head of that police department says, and it sure as hell isn't what national news agencies say it is. That's what juries are all about. Any statement to the contrary is simply evidence that lawyers and judges in fact are the pompous pricks that everyone says they are, who think they can dictate the law.

quote:

Cool....you know better than someone pretty experienced in the area, national news agencies, and the police chief who suspended him. Or maybe it's just that you're simple-minded when it comes to this issue.


Yeah, and you know better than the man that was standing in front of that car, about to be mowed down like a dog. Yeah, I'm simple-minded. The first thing I did was put myself or one of my loved ones in that cop's position. You lawyer types should climb down from your high horse and try it some time. I'd love to see some of you trying to make a split second, life or death decisions, and see how well you fare.

quote:

And it's people like you that give Donald Trump a bad name.


The hubris of a lawyer, talking to others about giving people a bad name. You guys didn't get your scum-sucking cretin reputations by accident, you know.
Posted by davyjones
NELA
Member since Feb 2019
35156 posts
Posted on 5/6/19 at 1:16 pm to
quote:

by troyt37


Stick with what you know, this isnt it. You're an irrational simpleton in the area of law.
Posted by troyt37
Member since Mar 2008
14680 posts
Posted on 5/6/19 at 1:26 pm to
quote:

I think my line of work had that total before Jan 3 ended...


So if my math is correct, your line of work should be on pace to have somewhere around 525 people murdered by criminals in the line of duty. 15 weeks, x 7 days a week is 105 days, with 15 killed by criminals every 3 days. 105 divided by 3 = 35, 35 x 15 = 525. I think I'll call bullshite on that. Link?

quote:

Whilst also stating that it was fact


So 15 dead in 15 weeks isn't alarming to you. To me, it's alarming as all hell. If you gave a shite about the people trying to protect you, I think you'd see it my way, but maybe not, since your line of work sees 5 murders by criminals per day.
Posted by davyjones
NELA
Member since Feb 2019
35156 posts
Posted on 5/6/19 at 1:27 pm to
quote:

You guys didn't get your scum-sucking cretin reputations by accident, you know.


How simple-minded can you get? The President has lawyers who are fighting the good fight. Prosecutors are lawyers. There are lawyers who punish nursing homes for abusing the elderly. I could go on of you'd like. Stop doing this to yourself.
Posted by troyt37
Member since Mar 2008
14680 posts
Posted on 5/6/19 at 1:32 pm to
quote:

Stick with what you know, this isnt it. You're an irrational simpleton in the area of law.


I bet you're a great lawyer. I'd use that phrase at my next trial if I were you counselor.

"Ladies and gentlemen of the jury, let's be honest. You are irrational simpletons when it comes to this area of the law. You just drop the verdict that we enlightened few dictate, and you stick to what you know."
Posted by finchmeister08
Member since Mar 2011
39745 posts
Posted on 5/6/19 at 1:35 pm to
that's a hard 18 year old.
Posted by davyjones
NELA
Member since Feb 2019
35156 posts
Posted on 5/6/19 at 1:37 pm to
quote:

Stick with what you know, this isnt it. You're an irrational simpleton in the area of law.


I bet you're a great lawyer. I'd use that phrase at my next trial if I were you counselor.

"Ladies and gentlemen of the jury, let's be honest. You are irrational simpletons when it comes to this area of the law. You just drop the verdict that we enlightened few dictate, and you stick to what you know."

It's just you. You'd never end up on a jury, and for good reason. You and the other irrational people get to go home for the day.
Posted by troyt37
Member since Mar 2008
14680 posts
Posted on 5/6/19 at 1:47 pm to
quote:

It's just you. You'd never end up on a jury, and for good reason. You and the other irrational people get to go home for the day.


That's alright. At least I'm not enough of a condescending prick to say this:

quote:

My opinion just so happens to be correct.


Ignore the law, the Constitution, and possibly the judge and jury, my opinion is correct, right?
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 5/6/19 at 1:50 pm to
quote:

As for that acute moment, only the officer involved can speak to his momentary perceptions, but the driver was unquestionably trying to drive away BEFORE the officer put himself in front of an already moving car's path...the car even ended up clearly angling away from officer. Not to mention the officer had ample ability to sidestep the vehicle.


I think it is reasonable to believe the officer moved to the front of the car before he realized the vehicle was moving to that spot. There is nothing that says he cannot move to the front of a vehicle to cover the driver (although that is not a good idea).

His ability to sidestep the vehicle is hindsight...the officer does not know if the vehicle is going to continue to turn past him and it is just his judgement. I think it is reasonable for him to believe the vehicle was coming at him.



quote:

Officer also has duty to avoid deadly force if possible



Where is this duty stated?

I dont believe Graham v Conor supports your statement.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 5/6/19 at 1:56 pm to
quote:

What matters is whether there was clear intent to kill or cause serious bodily harm therefore justifying deadly force in that moment.


No, what matters is if it is reasonable for the officer to perceive that he was endanger of serious bodily injury or death.

If it is reasonable then he is justified.
Posted by davyjones
NELA
Member since Feb 2019
35156 posts
Posted on 5/6/19 at 1:56 pm to
quote:

It's just you. You'd never end up on a jury, and for good reason. You and the other irrational people get to go home for the day.


That's alright. At least I'm not enough of a condescending prick to say this:

quote:
My opinion just so happens to be correct.


Ignore the law, the Constitution, and possibly the judge and jury, my opinion is correct, right?

I promise you whatever it is you do, I wont be in a thread about that acting as if I know more than you about the subject. I may comment, ask questions and show interest, but that's about it. That would be idiotic and irrational of me. So apply that to the the present scenario.
Posted by davyjones
NELA
Member since Feb 2019
35156 posts
Posted on 5/6/19 at 2:03 pm to
quote:

No, what matters is if it is reasonable for the officer to perceive that he was endanger of serious bodily injury or death.

If it is reasonable then he is justified.

Wrong. If the cop improperly put himself in a situation that improperly caused his perception....not justified. Again, that's why it's the national story it. There's been about 300 people who have been killed in confrontations with police to this point in 2019. Most are justified and never see the news. Just ask yourself why this one the story that it is.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 5/6/19 at 2:07 pm to
quote:

If the cop improperly put himself in a situation that improperly caused his perception....not justified


What court ruling supports that?

Where does it say that if the officer makes a mistake in positioning he isnt protected by Graham v Conor?

Also please cite what supports this statement:

quote:

Officer also has duty to avoid deadly force if possible
This post was edited on 5/6/19 at 2:09 pm
Posted by troyt37
Member since Mar 2008
14680 posts
Posted on 5/6/19 at 2:08 pm to
quote:

I promise you whatever it is you do, I wont be in a thread about that acting as if I know more than you about the subject. I may comment, ask questions and show interest, but that's about it. That would be idiotic and irrational of me. So apply that to the the present scenario.


Guess what counselor? No matter how much it twists your knickers, everyone gets to have an opinion on the law in this country. Right, wrong, or indifferent, a citizen's opinion on the law and how it is applied is just as important as your opinion. The jury system is a check on the power and hubris wielded by lawyers like yourself and judges, and as this thread displays well, that check is sorely needed.
Posted by davyjones
NELA
Member since Feb 2019
35156 posts
Posted on 5/6/19 at 2:10 pm to
quote:

If the cop improperly put himself in a situation that improperly caused his perception....not justified


What court ruling supports that?

Where does it say that if the officer makes a mistake in positioning he isnt protected by Graham v Conor?

It's a matter for the finder of fact. Im awaiting your answer as to why this is the story it is. Add to that why the officer has been suspended pending investigation of HIS actions. Im waiting.
Posted by davyjones
NELA
Member since Feb 2019
35156 posts
Posted on 5/6/19 at 2:14 pm to
quote:

that check is sorely needed

The check that is sorely needed is upon irrational people. That goes for people of all persuasions, liberal, conservative, pro-law enforcement, anti-law enforcement, and so on. Irrationality is what's caused the ugly state thatbour country is in these days. Thanks for contributing.
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 5/6/19 at 2:17 pm to
quote:

why this is the story it is.


Because media likes to sell papers and have people view their sites. Media does not make the law or determine justification.

quote:

Add to that why the officer has been suspended pending investigation of HIS actions. I


Because most agencies require this by policy regardless.


Now you answer my questions:

What ruling strips the officer from protection by Graham v Conor for making a mistake in positioning?

And what ruling states...Officer also has duty to avoid deadly force if possible
This post was edited on 5/6/19 at 2:19 pm
Posted by Possumslayer
Pascagoula
Member since Jan 2018
6474 posts
Posted on 5/6/19 at 2:27 pm to
He doesn’t realize that the cop was defending the citizens of the community from this perp.... you’re not arguing with a lawyer, my guess, the guy that puts sour cream in tacos.
Posted by davyjones
NELA
Member since Feb 2019
35156 posts
Posted on 5/6/19 at 2:32 pm to
quote:

What ruling strips the officer from protection by Graham v Conor for making a mistake in positioning?

Go read it and you can hopefully understand that for yourself. That case doesnt afford any protections to anyone against anyone else...it provides balancing factors to determine reasonableness of use of force. It protects the both sides.
quote:

And what ruling states...Officer also has duty to avoid deadly force if possible

....where it's not justified. Dont overcomplicate things. Not every single thing is guided by jurisprudence or statute. Some common sense is required.
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