Posted on 12/25/2014 9:52:38 PM PST by 2ndDivisionVet
Following the failure of grand juries in Ferguson, New York, Ohio, and Milwaukee to bring charges against police officers in four separate fatal shootings of young black men, federal authorities are exploring whether federal charges could be brought against the cops. The Department of Justice (DOJ), FBI, and the US attorney's office are examining the deaths of Michael Brown, Eric Garner, and John Crawford III, while the DOJ is reviewing the killing of Dontre Hamilton — all four men were unarmed when they were shot dead by police this year.
Theoretically, the officers could face charges under a federal "color of law" statute, if it can be shown that the cops violated the deceased men's constitutional rights. As the Guardian noted Wednesday, however, the statue has "only occasionally" been used to indict officers in shooting and brutality cases. Notably, the LAPD officers who brutalized Rodney King were acquitted on state charges but later convicted under the federal statute for violating his Fourth Amendment protection against unreasonable arrest and depriving him of his 14th Amendment due-process rights.
In the cases currently under consideration, federal prosecutors would have to show that the officers involved "acted with the specific intent to use more force than was reasonably necessary under the circumstances," as American University law professor William Yeoman's told the Guardian. Yeomans noted that it is "very rare" that deprivation of rights under the color of law in police in shootings is proven.
While the federal investigations specifically address whether the individuals' civil rights were violated, the impetus for prosecution under color of law cannot be racially driven. While Brown, Crawford, Garner, and Hamilton's deaths have all raised urgent questions of racism in US policing, the already unlikely federal charges would have to be brought without reference to race. In the King case, as political analyst Earl Ofari Hutchinson has pointed out on the Huffington Post, "There would have been absolutely no chance to bring, let alone get, convictions of the officers if there had been even the remotest public hint that race was the sole reason for the federal prosecution. The Justice Department had to bring, argue and try to win their convictions exclusively on the evidence and testimony that the cops violated the federal statutes in beating King."
Hutchinson argued that the same considerations applied to the King case should equally concern the Mike Brown shooting in Ferguson and should thus lead to federal charges against former cop Darren Wilson. "Brown as was King was unarmed. Brown and King were not charged with a crime when detained. Brown as King received injuries after he ceased resisting. Brown as King was abused during an official stop. These, as they were with King, are compelling civil rights violations," he wrote.
The Guardian reported that it will be some time — months or years — before the federal inquiries come to any conclusions.
No, liability laws would still apply.
If a company allows it’s medicines to be sold without a doctors order then they are liable for any harm caused.
The prescription would be a shield for the manufacturers and the drug store.
Nothing in the constitution forces a company to sell a drug without a script....the reverse is also true.
Following the failure of grand juries in Ferguson, New York, Ohio, and Milwaukee to bring charges against police officers in four separate fatal shootings of young black men, federal authorities are exploring whether federal charges could be brought against the cops. The Department of Justice (DOJ), FBI, and the US attorney's office are examining the deaths of Michael Brown, Eric Garner, and John Crawford III, while the DOJ is reviewing the killing of Dontre Hamilton...
Yes. Just make one law that says blacks can do whatever they damn well please with no responsibility and no repercussions.
That would more accurately be described as a "law of color" statute.
http://www.aapos.org/terms/conditions/28
The “justice” department is staffed by America-hating marxists. They are not in the business of obtaining justice.
“The Rodney King beating did seem a bit excessive to me.”
The story fed to the public was based on a lie; the jury who watched the full clip of Rodney King’s encounter with the cops acquitted them, while the public who watched the end of the clip condemned them. The jury got to see (and the public didn’t) Rodney King attacking the police officers prior to hai beating.
These situations will become increasingly irrelevant as more and more of the cops themselves in black areas, due to preferential treatment/affirmative action, are black.
“The Rodney King beating did seem a bit excessive to me.”
It went way beyond ‘a bit’. It was police street punishment doled out at the side of the road.
There, much more accurate.
How do you conquer a population of sheep? You remove the rams.
Peel away the police protection, and the white population will do whatever they're told - or else the Gibsmedats will come boiling out of the urban kraals and straight at their homes in exurbia.
The story fed to the public was based on a lie; the jury who watched the full clip of Rodney King’s encounter with the cops acquitted them, while the public who watched the end of the clip condemned them. The jury got to see (and the public didn’t) Rodney King attacking the police officers
Now I find out the CT scan was a concoction of blogger, Jim Hoff. Other information on the web suggests the orbital blowout may not have happened. It will take more time to sort this out. Good Night!
That wasn’t Wilson’s scan, it was stock. He did not have a fracture. He was punched and did have bruising.
Now, at what point does the Officer being beaten know when to defend?
Is that just before blacking out, and do people being beaten have a
meter to gauge this?
Are we to issue boxing gloves to 110-130lb female officers instead of guns to
fend off 230-320lb BLACK attackers who are the majority of attackers?
FUBO! Race relations are another of your failures.
ll four men were unarmed when they were shot dead by police this year.
Eric Garner was shot dead? A little overstatement?
Let's see what happens when the cops go to war against Obama --
There once was a thug named Brown
Who bum-rushed a cop with a frown
Six bullets later he met his creator
and his homies burnt down the town.
NO GO ZONES! Police and firemen will not respond when their lives are in danger and anyone in that area will have to join gangs for self protection. If they are non-white. or move out. or pay the jizya.
That is the planned result and you can see it first happening in Eurostan, England, Australia.
Doesn’t that go against Double-Jeopardy?
Why should the feds trump state law?
No bias at all here. A grand jury not bringing charges is a "failure" regardless of the facts.
Thanks for posting this very good article. Very thought provoking.
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