Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

4 Reasons Cases Like Ferguson Are Hard for Feds to Prosecute
ABC News ^ | November 20, 2014 | Mike Levine

Posted on 11/20/2014 1:04:15 PM PST by 2ndDivisionVet

As soon as the grand jury in Ferguson, Missouri,, announces its decision over whether to charge Police Officer Darren Wilson for fatally shooting teenager Michael Brown, the public will almost certainly turn to the Justice Department and say: Your move, Mr. Attorney General.

U.S. Attorney General Eric Holder has vowed a "fair" and "thorough" investigation into the matter. But when pressed by ABC News in August, Holder seemed to acknowledge federal charges against Wilson are hardly guaranteed.

What are the hurdles to bring civil rights charges against a police officer who fatally shot an unarmed teenager?

Here are the top four challenges facing federal prosecutors, according to many of those who've prosecuted such cases:

1. "The law"

Under federal law, prosecutors need to prove two things: (1) it was "unreasonable" for Wilson to believe Brown posed a threat to him or the public, and (2) Wilson "willfully" deprived Brown of his constitutional rights.

"It's hard enough to prove willfulness to a jury when an officer beats a handcuffed suspect," said Rachel Harmon, a former Justice Department official who prosecuted several cases of excessive force by police. "It is much more difficult still when an officer uses force in an ongoing encounter with an unrestrained … suspect, even if that person is unarmed."(continued)

(Excerpt) Read more at abcnews.go.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; US: Missouri
KEYWORDS: darrenwilson; ericholder; ferguson; missouri
Navigation: use the links below to view more comments.
first 1-2021-23 next last
So Mike Levine assumes that (A) Officer Wilson won't be indicted by the grand jury (B) Everyone thinks like he does and wants General Holder to go after Wilson and (C) Wilson is guilty as sin?
1 posted on 11/20/2014 1:04:15 PM PST by 2ndDivisionVet
[ Post Reply | Private Reply | View Replies]

To: 2ndDivisionVet

The “justice” department has already made the cop go through hell.
Acquitted or not, he has already been sacrificed on the altar of political correctness.


2 posted on 11/20/2014 1:07:52 PM PST by I want the USA back (Media: completely irresponsible. Complicit in the destruction of this country.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

It would be more efficient if special guns were designed for the police that fired backwards.

That way whenever an officer had to fire his gun in self defense he would be killed immediately, saving months of expensive investigations.


3 posted on 11/20/2014 1:07:57 PM PST by Junk Silver
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

Because its BS?

Because its BS?

Because its BS?

Because its BS?


4 posted on 11/20/2014 1:08:12 PM PST by mylife
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

5. Because the Officer is innocent of any wrongdoing or criminal act


5 posted on 11/20/2014 1:09:09 PM PST by Iron Munro (DHS has the same headcount as the US Marine Corps with twice the budget)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

We are entering an age of savagery because parents were intimidated by their child doing vicious things like being gay or joining the Taleban. Now they are grown and it is too late... because not only do they do the vicious things testing with the help of a spiritually destructive and intimidating satan, they outright encourage prosecution of those criticizing and stopping the behavior.


6 posted on 11/20/2014 1:09:10 PM PST by lavaroise (A well regulated gun being necessary to the state, the rights of the militia shall not be infringed)
[ Post Reply | Private Reply | To 1 | View Replies]

To: FReepers; Patriots; FRiends






Please Make Your Donation Today!


You Can Help Drastically Shorten FReepathons by Donating Monthly!
VERY Generous FReeper Sponsors are donating $10 for every New Monthly Donor!
Please Sign Up to Donate Monthly!

7 posted on 11/20/2014 1:11:40 PM PST by onyx (Please Support Free Republic - Donate Monthly! If you want on Sarah Palin's Ping List, Let Me know!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet
...the public will almost certainly turn to the Justice Department and say: Your move, Mr. Attorney General.

No. I will not. And stop calling me certainly.

8 posted on 11/20/2014 1:13:04 PM PST by WayneS (Don't blame me, I voted for Kodos.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet
1) No evidence.
2) No evidence.
3) No evidence.
&
4) No evidence.
9 posted on 11/20/2014 1:14:14 PM PST by TigersEye (ISIS is the tip of the spear. The spear is Islam.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: TigersEye

No matter -

an “unarmed black teenager” was killed by a white cop.

No evidence is necessary.


10 posted on 11/20/2014 1:15:35 PM PST by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
[ Post Reply | Private Reply | To 9 | View Replies]

To: 2ndDivisionVet

What makes it hard for the feds is that he acted properly. I’m among the first to condemn cops for excessive use of force, but in this case it appears completely justified.


11 posted on 11/20/2014 1:18:19 PM PST by from occupied ga (Your government is your most dangerous enemy)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet

“Unarmed” is becoming the most over used word in the dictionary.


12 posted on 11/20/2014 1:22:14 PM PST by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet
Because the target is innocent?
13 posted on 11/20/2014 1:23:08 PM PST by E. Pluribus Unum (Any energy source that requires a subsidy is, by definition, "unsustainable.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: E. Pluribus Unum

lol...so true.


14 posted on 11/20/2014 1:24:20 PM PST by Kackikat
[ Post Reply | Private Reply | To 13 | View Replies]

To: 2ndDivisionVet
U.S. Attorney General Eric Holder has vowed a "fair" and "thorough" investigation into the matter. But when pressed by ABC News in August, Holder seemed to acknowledge federal charges against Wilson are hardly guaranteed.

"But"? Since when are "fair" and "charges not guaranteed" mutually exclusive?

15 posted on 11/20/2014 1:32:22 PM PST by Fido969 (What's sad is most)
[ Post Reply | Private Reply | To 1 | View Replies]

To: TigersEye
1) No evidence.

Not really ... more like:

1) Too much evidence that the shooting was justifiable self defense.

16 posted on 11/20/2014 1:38:13 PM PST by SSS Two
[ Post Reply | Private Reply | To 9 | View Replies]

To: 2ndDivisionVet

“Brown family attorney Ben Crump . . .”

Well, look who’s back.


17 posted on 11/20/2014 1:44:14 PM PST by ModelBreaker
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet; All
”… deprived Brown of his constitutional rights."
FR: Never Accept the Premise of Your Opponent’s Argument

Beware of nonspecific constitutional rights being trumpeted by the corrupt feds. Such “rights” are probably being used to win votes from low-information voters for Democrats, such voters probably never having been taught about the federal government’s constitutionally limited powers.

Note that since the states have never amended the Constitution to expressly protect citizens from alleged police brutality, the feds have no enumerated protections to apply to the states via the 14th Amendment.

18 posted on 11/20/2014 1:54:15 PM PST by Amendment10
[ Post Reply | Private Reply | To 1 | View Replies]

To: 2ndDivisionVet
Here are the top four challenges facing federal prosecutors, according to many of those who've prosecuted such cases:

1. "The law"

ROFLMAO.... oh, wait a minute, was that irony, or just a joke? The "Law" is not now, nor ever has been, a factor that this administration pays any attention to. He would rather provoke a civil uprising.

19 posted on 11/20/2014 2:40:45 PM PST by Kenton
[ Post Reply | Private Reply | To 1 | View Replies]

To: SSS Two
Sometimes I just don't "get" how people who claim that the Gentle Giant is someone that makes in any way a compelling "victim".

Not one shred of evidence that he was a decent guy, who minded his business, paid taxes, worked hard, etc.

In fact hanging all of your hopes and dreams of "racial justice" on a guy who threw a small Asian guy around while stealing cigars seems SO convoluted.

I can't think of a LESS sympathetic creature than Mike Brown.

He had no compunction about roughing up someone over a $40 box of Swisher Sweets.

Is it such a "crazy" notion that he's a bad man who would assault a police officer? Particularly when he knew he was going to the pokey over the robbery.

Racial agitators need to pick better "choir boys" than Mike Brown or Trayvon Martin.

20 posted on 11/20/2014 3:46:17 PM PST by boop (I was unaware that beating up people is wrong. Until the NFL seminar told me.)
[ Post Reply | Private Reply | To 16 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-23 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson