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View Diary: TRIGGER WARNING: Reading this post will give you nightmares (256 comments)

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  •  You don't seem to understand what that term means. (0+ / 0-)

    Unless you are alleging that the plan was to kill this man all along, before the attack even started - which there is zero evidence for, and is simply not plausible.

    But there is enough violence in this video without you doing further violence to the English language.

    We may have democracy, or we may have wealth concentrated in the hands of a few, but we can't have both. - Former Supreme Court Justice Louis Brandeis

    by RageKage on Tue Feb 19, 2013 at 02:56:18 PM PST

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    •  Listen to the cop tell him (5+ / 0-)
      See these hands...
      Murder aforethought. BTW just the fact the death was under the color of authority should be enough for maximum penalties to apply. Do you know why that is? Because in any other situation if I saw anyone being attacked by someone like that I would get involved. So I could put a stop to it and render first aid.

      "Til you're so fucking crazy you can't follow their rules" John Lennon - Working Class Hero

      by Horace Boothroyd III on Tue Feb 19, 2013 at 05:49:39 PM PST

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      •  "See these hands..."? (0+ / 0-)

        First of all, all that proves is that he threatened to use unreasonable force (and is evidence that he had the intent to beat him up).  

        Second of all, even if he had said "I'm going to fuckin' kill you" and then started beating him right then, that would only be evidence of an intent to kill (or "malice aforethought") It would not be evidence of PREMEDITATED murder.

        Premeditated means planned in advance.  There is zero evidence of that, and is frankly not really plausible.  Even as stupid as some police are, they would have come up with a better plan than this!

        The exact meaning of "first degree murder" differs wildly by jurisdiction, but in effect means the type of murder for which the maximum penalty may apply.

        So calling this "first degree murder" could be read as an understandable call for the maximum sanction, but calling it "premeditated" is just inaccurate.  As inaccurate as calling it a "police shooting" rather than a "police beating someone to death".

        That said, I agree that it should be an aggravating factor if violence is committed under color of authority.  The unfortunate reality is that it usually has the opposite effect in those exceedingly rare instances in which police are actually tried and convicted.

        Just a couple weeks ago a jury here acquitted two cops who shot a guy in the back in the face of what I would consider very strong evidence.  (And I'm a criminal defence lawyer)  It drives me nuts.  IMHO civilian review boards are the only way to even hope to hold police accountable, but most of all, they should all have to wear audio and visual recording equipment at all time.

         

        We may have democracy, or we may have wealth concentrated in the hands of a few, but we can't have both. - Former Supreme Court Justice Louis Brandeis

        by RageKage on Tue Feb 19, 2013 at 08:07:20 PM PST

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    •  Hey fucko (0+ / 0-)

      before you start demeaning strangers with your pedantic assholery, why don't you pause and reflect on what is making you so bitter and full of hate. While you are considering this, also take a little time to listen to the audio where the cop tells the guy he's going to "Fuck him up" before ANY altercation begins. So, yes, I am alleging that it was the police's intention to kill the man all along. "Not plausible"???? Are you fucking kidding me? Is this Tony fucking Scalia?  Have a nice day.

      Let's go back to E Pluribus Unum

      by hazzcon on Thu Feb 21, 2013 at 05:33:06 AM PST

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      •  Who's bitter and full of hate?!? (0+ / 0-)

        Holy shit, calm down.  I was just criticizing your use of language.  I have nothing against you.  No need to resort to name calling.

        And if you read my other comment, you will see I am not disputing an intention to kill.  That is what makes it murder over manslaughter.  But that is not the same as premeditation.  I'm just trying to help.

        We may have democracy, or we may have wealth concentrated in the hands of a few, but we can't have both. - Former Supreme Court Justice Louis Brandeis

        by RageKage on Thu Feb 21, 2013 at 05:14:58 PM PST

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