Ferguson Police should be outlawed Topic

MikeT23
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What crime did the cop commit?
12/5/2014 10:12 AM
burnsy483
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Posted by MikeT23 on 12/5/2014 10:12:00 AM (view original):
What crime did the cop commit?
seriously, bl?
12/5/2014 10:13 AM
MikeT23
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Yeah, I've legitimately forgotten what you think he should be charged and tried for.
12/5/2014 10:14 AM
burnsy483
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****. An indictment for one of the two below would make sense.

S 125.10 Criminally negligent homicide. A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person. Criminally negligent homicide is a class E felony.

S 125.15 Manslaughter in the second degree. A person is guilty of manslaughter in the second degree when: 1. He recklessly causes the death of another person; or 2. He commits upon a female an abortional act which causes her death, unless such abortional act is justifiable pursuant to subdivision three of section 125.05; or 3. He intentionally causes or aids another person to commit suicide. Manslaughter in the second degree is a class C felony.
12/5/2014 10:17 AM
burnsy483
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It makes sense only if you believe the ME was correct in calling the death a homicide.
12/5/2014 10:19 AM
MikeT23
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Going by the definition you posted for NYS, any action that results in the death of another is homicide.  

Do you think any NY officer who causes the death of a suspect, justified or not(in your opinion), should be tried?

12/5/2014 10:25 AM
burnsy483
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No.

"Homicide means conduct with causes the death...under circumstances constituting murder, manslaughter..."
12/5/2014 10:30 AM
tecwrg
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Posted by burnsy483 on 12/5/2014 10:19:00 AM (view original):
It makes sense only if you believe the ME was correct in calling the death a homicide.
The CDC's handbook for MEs and Coroners on death registration notes that the National Association of Medical Examiners uses the following definition (page 29):

Homicide — "occurs when death results from ..." an injury or poisoning or from "...a volitional act committed by another person to cause fear, harm, or death.  Intent to cause death is a common element but is not required for classification as homicide."

The Medical Examiner's job is only to define cause of death.  It's their not their job to determine intent of other parties involved or the events that led up to the person's death.  They only provide the forensic evidence that is then used by investigators, prosecutors, and the legal system to determine if a criminal act has been committed.
12/5/2014 10:32 AM
MikeT23
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So you think this was somewhat comparable to murder/manslaughter?
12/5/2014 10:32 AM
burnsy483
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Posted by MikeT23 on 12/5/2014 10:32:00 AM (view original):
So you think this was somewhat comparable to murder/manslaughter?
Murder, only in the case someone died.  2nd degree manslaughter, as I mentioned before, BL, yes, it's comparable.  Based on what I know (which isn't every piece of evidence, obviously), I wouldn't want to charge him with 2nd degree manslaughter. 

Are you upset I didn't use more words after the word "manslaughter"? You can look at the rest of the definition.
12/5/2014 10:34 AM
tecwrg
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Posted by burnsy483 on 12/5/2014 10:30:00 AM (view original):
No.

"Homicide means conduct with causes the death...under circumstances constituting murder, manslaughter..."
The police and a suspect find themselves in a shootout.  The suspect subsequently gets killed during the shootout.

What will the coroner list as "cause of death"?

12/5/2014 10:36 AM
MikeT23
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Posted by burnsy483 on 12/5/2014 10:35:00 AM (view original):
Posted by MikeT23 on 12/5/2014 10:32:00 AM (view original):
So you think this was somewhat comparable to murder/manslaughter?
Murder, only in the case someone died.  2nd degree manslaughter, as I mentioned before, BL, yes, it's comparable.  Based on what I know (which isn't every piece of evidence, obviously), I wouldn't want to charge him with 2nd degree manslaughter. 

Are you upset I didn't use more words after the word "manslaughter"? You can look at the rest of the definition.
I'm not upset at all.

Do you think he would have been convicted by a jury?  

12/5/2014 10:38 AM
burnsy483
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Posted by tecwrg on 12/5/2014 10:32:00 AM (view original):
Posted by burnsy483 on 12/5/2014 10:19:00 AM (view original):
It makes sense only if you believe the ME was correct in calling the death a homicide.
The CDC's handbook for MEs and Coroners on death registration notes that the National Association of Medical Examiners uses the following definition (page 29):

Homicide — "occurs when death results from ..." an injury or poisoning or from "...a volitional act committed by another person to cause fear, harm, or death.  Intent to cause death is a common element but is not required for classification as homicide."

The Medical Examiner's job is only to define cause of death.  It's their not their job to determine intent of other parties involved or the events that led up to the person's death.  They only provide the forensic evidence that is then used by investigators, prosecutors, and the legal system to determine if a criminal act has been committed.
Nobody said anything about intent.  Someone died because of homicide.  Homicide is a criminal act.

EDIT: is a criminal act based on NYS definition, and not based on tec's definition, or the legal-dictionary .com definition.  
12/5/2014 10:49 AM (edited)
burnsy483
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Posted by tecwrg on 12/5/2014 10:36:00 AM (view original):
Posted by burnsy483 on 12/5/2014 10:30:00 AM (view original):
No.

"Homicide means conduct with causes the death...under circumstances constituting murder, manslaughter..."
The police and a suspect find themselves in a shootout.  The suspect subsequently gets killed during the shootout.

What will the coroner list as "cause of death"?

I don't know what he would list.  Are you telling me it's "homicide?"
12/5/2014 10:43 AM
burnsy483
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Posted by MikeT23 on 12/5/2014 10:38:00 AM (view original):
Posted by burnsy483 on 12/5/2014 10:35:00 AM (view original):
Posted by MikeT23 on 12/5/2014 10:32:00 AM (view original):
So you think this was somewhat comparable to murder/manslaughter?
Murder, only in the case someone died.  2nd degree manslaughter, as I mentioned before, BL, yes, it's comparable.  Based on what I know (which isn't every piece of evidence, obviously), I wouldn't want to charge him with 2nd degree manslaughter. 

Are you upset I didn't use more words after the word "manslaughter"? You can look at the rest of the definition.
I'm not upset at all.

Do you think he would have been convicted by a jury?  

It's obviously hard to say. It requires first the DA wanting the police officer to suffer some form of punishment, and believing that a crime was committed. My guess, if that occurred, would be yes, he'd be convicted.
12/5/2014 10:46 AM
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