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View Diary: No Linda, we are not "animals" (195 comments)

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  •  oops, i think in california negligent (4+ / 0-)
    Recommended by:
    Deoliver47, Larsstephens, sjterrid, Aji

    homicide is now involuntary manslaughter.

    Earth provides enough to satisfy every man's need, but not every man's greed. Mohandas K. Gandhi

    by Patriot Daily News Clearinghouse on Sat Nov 06, 2010 at 01:09:15 PM PDT

    [ Parent ]

    •  So if a person who is a "trained" police (5+ / 0-)

      officer "mistakes" a heavy black Glock for a yellow much lighter taser - that could be negligent?

      On the part of his trainers (BART)?

      "If you're in a coalition and you're comfortable, you know it's not a broad enough coalition" Bernice Johnson Reagon

      by Denise Oliver Velez on Sat Nov 06, 2010 at 01:19:12 PM PDT

      [ Parent ]

      •  this is explanation of involuntary manslaughter (3+ / 0-)
        Recommended by:
        Larsstephens, sjterrid, Aji

        from california law firm (of former prosecutors and police investigators.)

        This is what they say about the negligence part:

        The phrase "without due caution and circumspection" is basically synonymous with California's legal definition of "criminal negligence." It is an act which is "aggravated, reckless and flagrant and which is such a departure from what would be the conduct of an ordinary prudent, careful person under the same circumstances as to be in disregard for human life, or an indifference to the consequences of such an act."7

        Criminal negligence means that the death was not the result of inattention, mistaken judgment or misadventure. But rather it was a reasonably foreseeable consequence of the aggravated, reckless or negligent conduct.

        first para makes sense. 2nd para seems to conflict with jury finding of cop's defense that he made a mistake, thinking his gun was his taser, which sounds like inattention etc. So, sounds like cop was trying to make a defense of "accident" but jury did not believe sufficient to acquit him.

        Seems to be a few issues for appeal.

        Earth provides enough to satisfy every man's need, but not every man's greed. Mohandas K. Gandhi

        by Patriot Daily News Clearinghouse on Sat Nov 06, 2010 at 01:41:27 PM PDT

        [ Parent ]

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