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LightMerchant
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| Number of Posts: | 221 |
| Registered on: | 4/5/2021 |
| Online Status: | Not Online |
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re: The medical examiner who just testified was devastating to the prosecution
Posted by LightMerchant on 4/12/21 at 11:52 am to BiteMe2020
quote:
Even negligence is a worthless charge if you can't even prove that the negligence actually caused the death. And they cannot prove that BEYOND A REASONABLE DOUBT.
Agreed. Not criminal negligent homicide.
But it could be negligence in rendering aid, for a civil suit. Knowing how Floyd died, Floyd dying at all, is not necessary for there to have been negligent failure to render aid.
re: The medical examiner who just testified was devastating to the prosecution
Posted by LightMerchant on 4/12/21 at 10:57 am to Ace Midnight
quote:
I think it is just the awkward wording with all the negatives involved in this sentence, but an uneducated rube like myself might think you were implying that Chauvin has the burden of proving he was not neglectful. Certainly you aren't suggesting any such thing are you?
I am not.
Yes, the prosecution has to prove neglect. The video and witness testimony evidence that he did nothing after EMS was called. Chauvin’s defense doesn’t deny that he did not render aid. Their argument is that he was precluded from rendering aid by the hostile onlookers, continuance of danger to his person.
In the article I linked above it goes into this a bit. The following is opinion of the author, not recitation of law. But still relevant. I imagine that the law does not obligate police to render aid when doing so puts themselves in danger.
“ There are, of course, circumstances in which an officer should not be required to render aid. One obvious circumstance would be when rendering first aid would endanger the officer or others, interestingly a limitation aligned with the obligation established by the laws of war. ”
re: The medical examiner who just testified was devastating to the prosecution
Posted by LightMerchant on 4/12/21 at 10:47 am to Ace Midnight
quote:
The danger here is defining imperfect behavior as criminal, just because there is a bad outcome. Otherwise, you'll have a crime everytime someone dies in police custody because they could always have "done more".
Violating department policy, failure to do as trained would be more than merely “imperfect” behavior.
It isn’t that he did not do enough after EMS was contacted, it’s that he did nothing. Whether that is a crime,I am unsure.
This content regarding civil suits is interesting:
“The administrator of White’s estate filed a suit against the City of Columbus claiming a violation of White’s due process rights as a result of the officers’ deliberate indifference to his serious medical needs. The Sixth Circuit Court of Appeals rejected the claim holding that an officer discharges his constitutional duty by seeking prompt medical assistance. According to the Sixth Circuit:
[A]n officer is charged with providing a detainee with prompt medical attention. However, this attention does not require the officer to intervene personally. Imposing an absolute requirement for an officer to do so ignores the reality that such medical situations often call for quick decisions to be made under rapidly evolving conditions. As long as the officer acts promptly in summoning aid, he or she has not deliberately disregarded the serious medical need of the detainee even if he or she has not exhausted every medical option.
Other circuits are in agreement with the Sixth Circuit that an officer discharges his responsibility to a detainee by summoning medical care. In Maddox v. City of Los Angeles,64 Los Angeles police officers came upon Donald Roy Wilson standing naked in the middle of a busy street.65 They believed that he had taken Phencyclidine (PCP).66 An altercation ensued when they attempted to take Wilson into custody.67 After Wilson became belligerent while riding in the police car to the hospital, an officer applied a chokehold for twenty to thirty seconds.68 When they reached the hospital the officers could not find a pulse.69 Although they were trained in CPR the officers did not attempt any First Aid.70 After he arrived at the hospital, the medical staff commenced CPR on Wilson, but he did not respond and was pronounced dead.
His estate filed suit against the City of Los Angeles and various police officers for their failure to render First Aid after they applied the chokehold.72 The Ninth Circuit held that “[d]ue process requires that police officers seek the necessary medical attention for a detainee when he or she has been injured while being apprehended by either promptly summoning the necessary medical help or by taking the injured detainee to a hospital.”
________________
The court rulings in civil suits suggest that Chauvin is off the hook once EMS has been contacted.
link to above quotes:
LINK
re: The medical examiner who just testified was devastating to the prosecution
Posted by LightMerchant on 4/12/21 at 10:19 am to SOSFAN
quote:
That's what your obvious bias against Chauvin is based on.
I’ve been on Chauvin’s side for the most part, taking the position he is not guilty of anything other than POSSIBLY being guilty of neglect.
You think you might have bias against George Floyd? I do. I hate the mf-er. Can’t even stand to look at his ugly face.
[/quote] Keeping your knee on a suspects back that just fought 3 grown men to keep from being put into a police car is called smart not neglect. Asking the suspect what he is on is not neglect. Calling for medical help more than once is not neglect. [/quote]
Failing to do more than that could be neglect.
re: The medical examiner who just testified was devastating to the prosecution
Posted by LightMerchant on 4/12/21 at 9:14 am to Turbeauxdog
quote:
To me it's also hard to argue neglect given they recognized his health condition and called ems to treat him.
This content from the link above goes into that:
“ "If it’s a critical situation, you have to do both” – call for an ambulance and provide first aid such as CPR, which involves chest compressions to return blood flow to the body and heart, said Minneapolis police officer Nicole Mackenzie, an EMT who conducts first aid education for officers.”
“ Lt. Richard Zimmerman, the department's most veteran officer, told jurors last week that officers need to provide medical assistance before an ambulance arrives. "There is absolutely an obligation to provide medical intervention as soon as necessary," he said.”
edit: The department policy is that obligation does not end with contacting EMS. But whether it is a crime is another matter.
re: So, did anyone see the news about Israel blowing up Iran's main nuclear center?
Posted by LightMerchant on 4/12/21 at 9:11 am to HubbaBubba
We prioritize.
A hoodrat was killed by police when he did something stupid that can get one shot.
s/
A hoodrat was killed by police when he did something stupid that can get one shot.
s/
re: The medical examiner who just testified was devastating to the prosecution
Posted by LightMerchant on 4/12/21 at 9:09 am to Turbeauxdog
quote:
It's fair but it's complicated by Floyd's repeated resisting of arrest at all times that he wasn't prone.
Yes. I just don’t agree that it is indisputable fact that Chauvin was not neglectful and therefore he will not be found guilty of such by any jury unless that jury ignores fact.
Whether Chauvin exhibited neglect is highly subjective, as seen in the widely varying opinions on the event.
re: The medical examiner who just testified was devastating to the prosecution
Posted by LightMerchant on 4/12/21 at 9:00 am to SOSFAN
quote:
Seeing as how Chauvin didn't show neglect your questions have no bearing on this case.
That is an opinion, is it not?
Not saying it is wrong. But the jurors may be of different opinion. They could, COULD, find that the evidence supports a finding of neglect. More than one person has interpreted Chauvin’s demeanor / behavior as indifferent.
Don’t be surprised if he is convicted on manslaughter.
“Duty of Care”:
LINK
re: Apparently Indians that lived along the gulf coast were pretty tall
Posted by LightMerchant on 4/12/21 at 8:47 am to Hobie101
quote:
The Indians encountered were large in comparison, but probably no bigger than average Americans today
There are many skeletons of unusual height. Some are at the Smithsonian.
And Europeans measured native Americans contemporaneously.
re: The medical examiner who just testified was devastating to the prosecution
Posted by LightMerchant on 4/12/21 at 8:43 am to Roger Klarvin
Out of curiosity, isn’t the arresting officer responsible for the arrestee’s life once they are handcuffed and in custody?
If the person dies while in custody and the officer showed neglect for human life, that could be a crime, no?
You cannot expect Chauvin to know Floyd had a bad ticker. But we do expect Chauvin to be attentive to the person’s state and act accordingly. Not just carry on as if the person is not in medical distress, as they pass out while literally in your hands.
Possible that Chauvin’s knowledge that EMS had been notified absolves him of neglect.
If the person dies while in custody and the officer showed neglect for human life, that could be a crime, no?
You cannot expect Chauvin to know Floyd had a bad ticker. But we do expect Chauvin to be attentive to the person’s state and act accordingly. Not just carry on as if the person is not in medical distress, as they pass out while literally in your hands.
Possible that Chauvin’s knowledge that EMS had been notified absolves him of neglect.
re: Another Minneapolis Police Shooting
Posted by LightMerchant on 4/12/21 at 8:27 am to xGeauxLSUx
quote:
The mom said he got pulled over for having air fresheners in the car....
Nearly always the moms are in denial and will often fabricate complete nonsense in attempt to defend their hoodrat kid.
He was shot because of air freshener.
He was just out jogging.
He liked to study construction, because he was going to be an “engineer”.
re: Another Minneapolis Police Shooting
Posted by LightMerchant on 4/12/21 at 8:23 am to GardenDistrictTiger
quote:
They pick the absolute worst of their own to make into heroes.
Well, they would pick the law-abiding, upstanding blacks with no affiliation to criminal activity who are shot dead by police despite fully complying with instruction from cops but those are hard to find, now aren’t they?
re: Officer-involved shooting in Minneapolis. 20 year old black male shot and killed. (update)
Posted by LightMerchant on 4/12/21 at 2:50 am to HailHailtoMichigan!
Not only do they not know that there was any injustice, they don’t even know if he died from the gunfire or from the crash as he attempted to flee.
re: Officer-involved shooting in Minneapolis. 20 year old black male shot and killed. (update)
Posted by LightMerchant on 4/12/21 at 1:44 am to HailHailtoMichigan!
After every round of rioting / looting / violence instead of widespread condemnation it is far more “what can we do to appease you and please you?”.
And the worst part is that the attempt to appease the animals isn’t done out of fear but instead out of “empathy” and white-guilt.
( yes, I use “animals” in regard to people who wantonly destroy, loot, and vandalize. Of any race. )
And the worst part is that the attempt to appease the animals isn’t done out of fear but instead out of “empathy” and white-guilt.
( yes, I use “animals” in regard to people who wantonly destroy, loot, and vandalize. Of any race. )
re: BLM Rioters LOOT Nike Store in Minneapolis, Break Windows and Doors
Posted by LightMerchant on 4/12/21 at 1:27 am to AndyCBR
quote:
What event requires the response to be stealing shoes and robbing liquor stores?
Evil whitey kills a black person it means we get to steal stuff in return. Restorative theft.
The dude they didn’t know is worth at least 2 pairs of free shoes to every black person.
re: BLM Rioters LOOT Nike Store in Minneapolis, Break Windows and Doors
Posted by LightMerchant on 4/12/21 at 1:13 am to Frank Black
I’m still processing how it is that the horribly oppressed minority group leads all racial groups in being well fed. Too well fed.
83% of black women are obese.
96% are obese or overweight.
83% of black women are obese.
96% are obese or overweight.
re: Minnesota’s governor decides to take to Twitter to pour gasoline on Minneapolis
Posted by LightMerchant on 4/12/21 at 1:07 am to HabaneroBuck
quote:
paying out money that they can bribe criminals into stopping
Biden wants to pay Central American criminals to stay where they are and not come to U.S.
Oh, and two Alabama pols want to have a percentage of property tax spent on promoting “black history”.
re: Minnesota’s governor decides to take to Twitter to pour gasoline on Minneapolis
Posted by LightMerchant on 4/12/21 at 1:03 am to HailHailtoMichigan!
Not another life of a Black man taken by law enforcement!
I am so frustrated and angry.
Why won’t law enforcement allow blacks to do crimes, terrorize black communities, and attack members of law enforcement?? They are so evil, the police.
I am so frustrated and angry.
Why won’t law enforcement allow blacks to do crimes, terrorize black communities, and attack members of law enforcement?? They are so evil, the police.
re: When is it time to put your dog down?
Posted by LightMerchant on 4/12/21 at 12:58 am to EST
I did it this morning.
Woke up to find where he’d crapped on the rug, I told him he is a loser who will never amount to anything.
Woke up to find where he’d crapped on the rug, I told him he is a loser who will never amount to anything.
re: Apparently Indians that lived along the gulf coast were pretty tall
Posted by LightMerchant on 4/12/21 at 12:11 am to Cossatotjoe
Skeletons of giant size, 7 to 10 feet, have also been found in Spain, France, Italy, Turkey, Syria, Jordan, Israel and the Caucasus Mountain region.
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