Posted on 11/25/2015 11:57:19 AM PST by IChing
1st degree murder is usually premeditated, which I think you’d have a hard time proving in this case.
Oh Wait! That's just TV fantasy.
They overcharged, for sure.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Perhaps so that it won’t stand up.
1st degree murder is premediated. They are going to have a difficult time proving premeditation.
I thought Freeper’s would be familiar with the Tuelle Rule. The guy was high on PCP, had shrugged off a taser, was swinging a knife, had just prior slashed a tire of police car when an officer tried to arrest him, was walking parallel to the police, not away, and was shot when he turned toward police with a knife in his hand and while reaching in a pocket. This isn’t close to murder 1. It may or may not have been a good shoot according to police procedures. The truth of that matter depends on a lot of details that aren’t in that particular film. Frankly, we are spending far too much time and too many resources on our feral population.
Wrong again, there have been many criminal cases/incidents where it does indeed tell the whole story.
...
Then please tell me a court case where video was the only evidence used.
You are probably right. I stand corrected.
You know what... I was on a jury for a murder trial. I was the foreman and I still have the jury instructions. You realize that premeditation takes all of about 5 seconds. Right? Once you decide to kill someone and do it... that is premeditation.
“Treat PCP the same as illegally carrying a deadly weapon.”
Not just PCP, but other drugs also, cocaine, meth, alcohol, heroin should be treated the same way. Especially, since Chicago cops can take one look at someone at determine what drugs they have in their system.
I wondered why first degree as well. Isn’t first degree when you plan ahead of time to murder?
That’s just it. I don’t think it’s in line with standard lethal force training. I got my CC training from a cop, and self-control, recognizing where you were in terms of real versus imagined threat, was on you, the shooter. They even provided an option for simulation training, again, the point being, when and why do you start shooting, when and why do you stop. You have to think about that and practice that ahead of time, because in the live shooting situation, you’re going to play the tape of how you’ve practiced.
So I say, based on the training I received, no way was this recognized internally as a good shoot. If it was held back, it almost certainly was for political reasons, not because they were unsure about the deviance of this shoot from acceptable standards.
As for the law, unloading the entire magazine in a situation like this is probably going to be a factor, because it speaks to the shooter’s state of mind. Someone above said there was a pause. If so, he’s probably doomed. He just demonstrated he had enough self control to assess the risk, and despite objective evidence the threat was neutralized, he kept on shooting. A jury could infer he truly meant to kill a man who was no longer a threat to him. No comfort I can find in the law for that.
Peace,
SR
Once you decide to kill someone, and then do it. That is premeditation. It doesn’t HAVE to be a long drawn out process where you plan for a period of time how you are going to do it.
If that were the case, no one would use it, including the cops. Btw, any evidence is better than none. And this goes for cops and non-cops. Learn it. Btw, there have been many criminal cases/incidents where it does indeed tell the whole story.
Then please tell me a court case where video was the only evidence used.
Boy, do you bull shit much? Of course whatever evidence is obtained will be used. But the fact is, video by itself has convicted tons of people.
You work at the dial an argument call center?
Do us all a favor and stay away from careers in law enforcement.
This will be a double plus good event for the community agitator in chief. First, he gets his love of riots and protests from his BLM shock troops. The DA over charges the officer with first degree murder. There is no evidence to prove this officer woke up and deliberately set out to murder this drug addled individual who was wielding a knife. When the officer is either acquitted of that charge then all hell will break loose.
Watch the part where he is on the ground yet still reaching for an object. If Van Dyke thought it was a gun, he walks, provided jury follows Graham v Connor instructions.
Were they in vehicle pursuit? 5 or 10 minutes?
This should have been more than enough time to to arrange for non-lethal weapons to be deployed or brought in.
A no brainer.
I know in Oklahoma it can take only seconds. I was a jury foreman and still have the jury instructions in a murder trial.
They’re hoping for conviction on a lesser included charge
In Oklahoma... if you decide to kill someone, and then do it... that is premeditation. I don’t know about Illinois.
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