d2jsp
Log InRegister
d2jsp Forums > Off-Topic > General Chat > Political & Religious Debate >
Poll > Tamir Rice Grand Jury Decision
Add Reply New Topic New Poll
  Guests cannot view or vote in polls. Please register or login.
Member
Posts: 90,565
Joined: Dec 31 2007
Gold: 2,489.69
Dec 12 2014 02:49pm
Personally from a legal standpoint this officer seems to be protected much less than in the Brown or Garner cases.

Im personally guessing he will be indicted in lesser charges such as recklass endangerment or something similar.

Lets see if the Poll matches the results of the grand jury when they reach their decision
Member
Posts: 10,566
Joined: May 31 2013
Gold: 0.76
Dec 12 2014 04:05pm
I voted the same, I doubt it would be a murder charge, but I could see a lesser manslaughter since he too had prior knowledge of his own shortcomings of handling any kind of situation like this. I wonder how much the city is going to be liable for? Hiring the dillweed, either they didn't check his prior work history, or they were so desperate that they hired him anyway. but now that his past has come to surface I think it's going to be a nightmare for the City. As well it should it cost a family their son.
Member
Posts: 40,003
Joined: Apr 14 2006
Gold: 32,161.71
Dec 12 2014 04:19pm
I think it will be lesser charges, but not homicide.
Member
Posts: 90,565
Joined: Dec 31 2007
Gold: 2,489.69
Dec 12 2014 04:37pm
Quote (Valhalls_Sun @ Dec 12 2014 04:05pm)
I voted the same, I doubt it would be a murder charge, but I could see a lesser manslaughter since he too had prior knowledge of his own shortcomings of handling any kind of situation like this. I wonder how much the city is going to be liable for?  Hiring the dillweed, either they didn't check his prior work history, or they were so desperate that they hired him anyway. but now that his past has come to surface I think it's going to be a nightmare for the City. As well it should it cost a family their son.


Ya just read up on the situation and it sounds like the case against him is pretty bad. Not sure if there is a lack of inter-departmental communication that caused this or if the situation in Cleveland is really just that bad that cops are tough to find. If hiring police officers is anywhere near as hard as hiring teachers in Cleveland im sure they have a short list of applicants. Personally i can say im sure the fact he had already been through the academy must have gotten him to the top of alot of hiring lists. Most recruits these days expect to get sponsored by a dept. so if you have already been through the academy you have a very good chance of eventually getting hired somewhere. Bad move on Cleveland's part
Member
Posts: 51,909
Joined: Jan 3 2009
Gold: 8,933.00
Dec 12 2014 04:38pm
The officer will not be indicted. He will make the claim, as officers always have, that he FEARED FOR HIS LIFE, crossing a legal threshold that will garner him qualified immunity.
Member
Posts: 36,123
Joined: Jul 18 2008
Gold: 2,407.00
Dec 12 2014 04:44pm
I don't think there will be an indictment. Cop saw someone reach for a gun and he shot him; justifiable.
Member
Posts: 90,565
Joined: Dec 31 2007
Gold: 2,489.69
Dec 12 2014 04:50pm
Quote (Santara @ Dec 12 2014 04:38pm)
The officer will not be indicted. He will make the claim, as officers always have, that he FEARED FOR HIS LIFE, crossing a legal threshold that will garner him qualified immunity.


that claim, as in the past has to be verified though. Not saying your are wrong about what will happen, but if the grand jury doesnt buy it he will likely be indicted.

Points for believing the officer "feared for his life":

-age is irrelevant as the video clearly shows Tamir wearing a hoodie obstructing his immature facial features and his height is at least above average for his age making his age ambiguous at best IMO
-reporting officer was never told the gun was "probably fake" as the dispatcher was, also no orange tip
-once again the defense of heightened paranoia due to the surrounding high crime neighborhood (regardless of anyone's opinion about that specific area or the legitimacy of that defense at all) comes into play

Points against:

-any juror with half a brain COULD infer that misconduct is present from past track record, however im not sure if past offenses are admissible in a grand jury setting as they (at least past offenses you were convicted of) are not admissible evidence in regular court
-physical description of Tamir could play a role but im guessing it will not be as its a rather weak argument, however it is viable it could come into play
-it appears in the video that no specific gun was ever seen, nor was the young mans body turned directly towards the officers
-unbelievably short time from exit of car to shots fired
-possible that the fact only one officer fired a shot could come into play, what did one officers perceive as a threat that the other more experienced officer did not



well see how it shakes down but i can only guess this guy, or at least the city of Cleveland, will face repercussions not previously seen in the past 2 above mentioned grand Jury decisions.
Member
Posts: 65,871
Joined: May 17 2005
Gold: 17,384.69
Dec 12 2014 05:40pm
weird i dont know this "grand jury" we dont have that in france
if it's the "criminal" one wheres all or 90% have to be agree ? if yes then maybe the 2 officiers (even their curriculum vitae is horrible) may escape, for political reasons.
else if it's just majority vote they could be "indicted" or condamned i think ;p

not sure what is the best decision to avoid 50 or 1000 dead due the riots, and 1 billion doners damage

or to increase the amount of suits against police at federal level

aha.

This post was edited by Saucisson6000 on Dec 12 2014 05:46pm
Member
Posts: 51,909
Joined: Jan 3 2009
Gold: 8,933.00
Dec 12 2014 05:54pm
Quote (Saucisson6000 @ Dec 12 2014 05:40pm)
weird i dont know this "grand jury" we dont have that in france
if it's the "criminal" one wheres all or 90% have to be agree ? if yes then maybe the 2 officiers (even their curriculum vitae is horrible) may escape, for political reasons.
else if it's just majority vote they could be "indicted" or condamned i think ;p

not sure what is the best decision to avoid 50 or 1000 dead due the riots, and 1 billion doners damage


In English common law, there is a 2 stage process. The grand jury is empowered to investigate crimes, suspicion of crimes, and public officials. If they believe enough evidence exists that a crime may have occurred, they issue an indictment. An indictment is an official accusation. In some US jurisdictions, the county prosecutor may make the accusation without an actual indictment, but the idea is the same. It is the accusation that a crime has occurred. Once the accusation has been made, it falls to the courts to conduct a trial (by jury for serious offenses).

Rendering an indictment (accusation) doesn't make a person a criminal, but you cannot have a trial (for serious offenses) without one. You're only a criminal if you're found guilty of the accusations by the petit (trial) jury.

This post was edited by Santara on Dec 12 2014 05:59pm
Go Back To Political & Religious Debate Topic List
Add Reply New Topic New Poll