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Why Did It Take So Long to Arrest Derek Chauvin?
National Review ^ | May 29, 2020 | Andrew C. McCarthy

Posted on 05/30/2020 9:43:10 AM PDT by CheshireTheCat

The proof standard for an arrest on a complaint is probable cause that a crime has been committed. Probable cause is also the standard for indictment, but there’s an important difference. Complaints often get dismissed; indictment is that beginning of the formal process that leads to trial and a determination of guilt. Prosecutors thus do not indict unless they believe a rational jury could find guilt beyond a reasonable doubt, a standard more demanding than probable cause.

In the typical street-crime case, then, a person is arrested on a complaint and either detained or granted bail. Within a certain statutory period of time (usually, within ten to 30 days, depending on whether the person remains in custody), the prosecutor must make the decision whether to indict.

It is in that interim that the investigation proceeds. Investigators tighten up the proof from the low standard that justifies arrest to the higher standard needed to prevail at trial. But it is the norm for a violent-crime suspect to be placed under arrest immediately, notwithstanding that the case may not yet be ready for indictment. This prevents flight, destruction of evidence, intimidation of witnesses, and danger to the community....

(Excerpt) Read more at nationalreview.com ...


TOPICS: Conspiracy; Government; Politics
KEYWORDS: alreadyposted; andymccarthy; chauvinarrested
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McCarthy does address some other issues in this article, such as the idea that police are treated a bit differently than average people when they are the ones accused and what the delay in arrest may provide in the way of an argument for a defense attorney.
1 posted on 05/30/2020 9:43:10 AM PDT by CheshireTheCat
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To: CheshireTheCat

Police ARE treated differently; the average person who uses lethal self-defense runs a very high risk of prosecution, or at least that’s the impression I have. Police, on the other hand, are presumed - rightly or wrongly - to have more of a right to use force than the average person, and so when they do use lethal force, it is thoroughly investigated before any charges are filed.


2 posted on 05/30/2020 9:48:00 AM PDT by Steve_Seattle
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To: CheshireTheCat

Because they have a truly lousy police department there, the chief is a wuss, and they had kept this guy on after TEN complaints for excessive use of force. Just seeing the video should have meant his arrest right then and there.


3 posted on 05/30/2020 9:50:33 AM PDT by livius
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To: CheshireTheCat; All

The republic’s shapeshifters needed time for the anger percolate, before they put them in the Skinner box to find the cheese. Never let a PSYOP go to waste.


4 posted on 05/30/2020 9:51:19 AM PDT by PGalt (Past Peak Civilization?)
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To: CheshireTheCat

I don’t know about Minnesota, but here in Crazyfornia if a Person Commits a Crime and Owns or is Wearing a Magic Blue Costume, they can NOT be Arrested for 72 hours after the Crime has been committed. Part of their Union Contract, i bet it is the same Everywhere.


5 posted on 05/30/2020 9:52:53 AM PDT by eyeamok
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This IDIOT Cop must have an IQ of 2!!

Phone camera's everywhere with people screaming to get off Floyd's neck & he still has his knee on Floyd's neck!

Floyd's pleading that he cannot breath & this IDIOT Cop still has his knee on his neck, people screaming he's not breathing anymore & this IDIOT Cop still has his knee on his neck for another 3 minutes!

If I heard not breathing I would immediately start CPR!!

Cop needs to spend life in jail! Look what this dirty Cop did to the reputation of Cops!

6 posted on 05/30/2020 9:56:49 AM PDT by KavMan
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To: eyeamok

In the case of Mohamed Noor, a black cop who shot a white Australian woman, he was first put on paid administrative leave. After a thorough investigation, he was arrested eight months later. This cop should be afforded the same due process.

In the Noor case, I viewed as a failed affirmative action case rather than racial motivated. But who knows?

https://en.wikipedia.org/wiki/Shooting_of_Justine_Damond


7 posted on 05/30/2020 10:03:47 AM PDT by euclid216
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To: livius
Just seeing the video should have meant his arrest right then and there.?

You don't know what the hell you are talking about. You weren't there and you only saw a snippet of a video. There is always, always more to the story. Just like michel brown after he jumped through the police car window and tried to take the cops gun. Stop just automatically believing what ever the msm deposits in your mouth. There is no justification in this case for rioting.
8 posted on 05/30/2020 10:15:18 AM PDT by JoSixChip (Pelosi would be third in line to serve as president if Trump, Pence become incapacitated by COVID-19)
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To: KavMan

The officer could have “tested” Floyd’s pleas that he could not breathe by
releasing the pressure and see if became uncontrollable again. However,
if Floyd truly could not breathe he would not have the energy to fight.
And emergency help could have been given.


9 posted on 05/30/2020 10:19:12 AM PDT by tennmountainman (The Liberals Are Baby Killers)
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To: CheshireTheCat

“The claim that the prosecutor had to wait to authorize an arrest until the investigators nailed down all the evidence is nonsense.”

Well, now. That is precisely, exactly, what I have been saying about the perpetrators of the Russian hoax.


10 posted on 05/30/2020 10:20:38 AM PDT by odawg
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To: CheshireTheCat

3 days isn’t long at all. Somebody watches too much TV where everything happens in 42 minutes. They gotta get ahold of as much footage as they can, find witnesses both to interview and to bring to testify, and then run all the paperwork. It took nearly 3 months to indict Michael Vick after they raided his house.


11 posted on 05/30/2020 10:23:17 AM PDT by discostu (I know that's a bummer baby, but it's got precious little to do with me)
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To: eyeamok

Halt! You’re under cardiac arrest.

Blue shirt, silver badge, privileges.

He wouldn’t be charged yet (or ever) if not for the riots.


12 posted on 05/30/2020 10:25:21 AM PDT by Buttons12
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To: JoSixChip

Brown was not handcuffed behind his back and lying on the ground
when he jumped thru the officers car window. You are comparing
apples to oranges. But u r right that a more detail backstory will come out.
Whatever the backstory is, Floyd was under control, handcuffed and in
stress. No need for a knee to the neck area. Just put him in the back of
a squad car and be done with it.


13 posted on 05/30/2020 10:25:29 AM PDT by tennmountainman (The Liberals Are Baby Killers)
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To: CheshireTheCat

Why did it take almost a week to arrest the black guy who beat the old man in the nursing home?


14 posted on 05/30/2020 10:29:08 AM PDT by rfreedom4u (The root word of vigilante is vigilant!)
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To: tennmountainman
Just put him in the back of a squad car and be done with it.

I heard that they tried for ten minutes to put him in the car immediately before the video that we've all seen. He violently resisted and, per the autopsy, he did not die as a result of the knee to the neck. Add to that, they perp was no angel, he was passing counterfeit money and had a long record. The msm media used this event the same way they used michel brown to stir-up riots. The National Guard should be called and all looters should be shot on site.
15 posted on 05/30/2020 10:34:16 AM PDT by JoSixChip (Pelosi would be third in line to serve as president if Trump, Pence become incapacitated by COVID-19)
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To: CheshireTheCat

It took three days. And, I bet the DA didn’t even know much about it on Day 1.

The “arrest” time in most murders are longer than that. I think the question is why wasn’t he in custody?


16 posted on 05/30/2020 10:41:48 AM PDT by Vermont Lt
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To: euclid216

A muslim shot an uncovered infidel woman, I imagine that was the shooter’s view in that case.


17 posted on 05/30/2020 11:04:56 AM PDT by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: Steve_Seattle

White police who kill blacks are treated much differently too... it is generally assumed they acted with racist motives, even with no evidence. Of course, the GOP jumps on the bandwagon too, to appease the mobs.


18 posted on 05/30/2020 11:07:28 AM PDT by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: JoSixChip

This is nothing like Michael Brown. He attacked a single police officer sitting in his car. Here we have a case of 4 cops continuing to apply force to a handcuffed and unconscious prisoner for nearly 3 minutes. We’ve seen enough to know these dirty cops are culpable in this death. Whether it is 10% or 100% responsible remains to be seen.


19 posted on 05/30/2020 11:08:44 AM PDT by lodi90
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To: CheshireTheCat

They were waiting for a transport unit. Patrol doesn’t usually transport and leave their beat unprotected.


20 posted on 05/30/2020 11:21:17 AM PDT by Colt1851Navy (What was wrong with Nixon?)
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