Legal beagles... What qualifies as incitement...? a la "Burn this b**** down...

[Oktober]

My layman understanding is that it has to be an immediate and direct incitement to action. IOW, you can't talk about what you might do next Tuesday...

Where would Michael Brown's stepfather's statements fall into that with his whole "Burn this b**** down" statement in the large group that he was in. If it could be shown that folks from that group immediately left and then proceeded to set fires could there be a case?

[Chuuku Davis]

1. By legal definition

Yes

[former9thward]

2. Too general for prosecution.

It could be argued he is talking about racism, the American system, etc. He would have to point to a specific building and that would probably be enough.

[dilby]

3. Can you show anyone who heard him did that? n/t

[ctaylors6]

21. The clip has been on TV.

I'm sorry I don't remember which station. It was right after Michael Brown's mom started crying.

[Kalidurga]

4. What is your point with this?

Do you have any idea how infuriating it is to deal with the institutional racism and personal racism black people have to deal with everyday. They know they are targets and frequently get shot by the police. They know the power structure that is designed to keep them in their "place". And you want to use this man's words against him. That is disgusting.

[Kalidurga]

8. Do you think I didn't understand what legal hurdles you were trying to understand?

What I want to know is what is your point. You haven't answered that. The fact I have a problem with that is evident.

[Oktober]

12. So what's the question....?

It sounds like you've got it all laid out.

No point other than would X meet the legal standard for Y....

[Kalidurga]

16. I am not the one with the question...

You seem a bit challenged. So, the question is why would you ask this? Really do you not get why someone like Mike Brown's stepfather would be so angry? Do you not understand why people would think it's such a disgusting idea of talking about the legality of him uttering angry words in the moment? Do you not get that. Or are you just looking for free pizza?

[Oktober]

23. If I were a shop owner who had my livelihood burnt to the foundation...

... I might be interested to know who had helped to start it.

[Kalidurga]

24. Oh well now that I can tell the shop owner

Darren Wilson and his lovely way of enforcing institutional racism.

[Oktober]

25. I'm sure that's real comfort to someone who lost the ability to provide for their family...

[Kalidurga]

26. Well then get the Better Business Bureau on that to make the police stop terrorizing the citizens..

[Oktober]

27. Uh huh...

Short of a gun to the head and handing them a pack of matches, it is on them.

All this justification and excuse making for violence is just sad and does nothing but set folks back...

[Kalidurga]

28. Nobody said the violence is justified.

But it isn't setting anyone back except maybe that kid that was murdered by who knows who. People aren't going to think less of black people because of this, if they do they already did.

BTW you aren't fooling me. You really should take a look at how you really feel about race, civil rights, human decency, etc...

[kydo]

11. clear as mud

But I got a question that might answer your question ... Um, how come ted nugent hasn't been charged with anything yet? First he promised when Obama was elected he would either be dead or in jail. Liar, he is neither, and that's beside the point. But he (and many of his type) sure have said and written some pretty threatening things about the President. Then there is that clive bundy joker, why isn't he in jail yet?

Go figure.

[Kalidurga]

15. Yep

But it's okay if you are a famous white guy who used to have some kind of career in entertainment.

[Quixote1818]

29. Great point. nt

[mythology]

36. Because nobody has listened to Nugent's exhortations and acted upon them

The mere advocacy of violence isn't sufficient cause to arrest for incitement. You have to prove intent, imminence and likelihood.

http://en.wikipedia.org/wiki/Brandenburg_v._Ohio

[kydo]

37. and the other person I spoke of, clive bundy ....

he still has his land and he still uses the US gov to support himself. He also had basically an army (not the US army just a gang of armed thugs from the nra and groups like it), came to protect him. Yet he still is not in jail or paid nothing to the bill he owes to the US tax payers. Talk about people that only want hand outs from the government, this dude is the King of the welfare queens. But the establishment sees no problem there. Just saying....

[Iggo]

20. Obvious point is obvious. (n/t)

[gollygee]

6. So the guy who kills his stepson gets off without even a trial

and you think his words of anger should cause him to get arrested.

My God. You are a real work of art.

[BklnDem75]

7. Why? You want to arrest a grieving stepfather?

Encourage and stir up doesn't describe what he's doing, so you're looking for legal definitions now?

[azmom]

9. No

[msanthrope]

10. Incitement to precisely what? nt

[Ykcutnek]

13. Nope, no more illegal than ignorance and lack of compassion. nt

[gollygee]

14. Lot of that going around. n/t

[Spazito]

17. Are you hoping that might happen? n/t

[kelly1mm]

18. See Brandenburg v. Ohio. Link below:

Last edited Tue Nov 25, 2014, 11:25 PM - Edit history (1)

http://en.wikipedia.org/wiki/Brandenburg_v._Ohio

[Iggo]

19. I'll tell you two things that actually DID start a riot.

First, a white cop killed an unarmed black man in the street. That actually DID cause a riot.

Next, a grand jury was led by the nose by the DA to make sure there were no charges against that cop. That actually DID cause a riot.

[etherealtruth]

22. The anguished cries of a parent (step parent) at hearing their child's murderer ....

... will not be held accountable for their actions probably does not rise to that level

[kelliekat44]

31. I love your sig line. nt

[etherealtruth]

34. Thank you! n/t

[The Straight Story]

30. Well, since shooting an unarmed teen isn't considered murder I guess 'incitement' isn't what you

think it is either, eh?

[Oktober]

32. You know that words have meaning right?

[Leopolds Ghost]

33. Oktober... What qualifies as involuntary manslaughter...? a la "he looked like a demon"...

I'm just asking because I know of cases in stand-your-ground states where a white man was given life without parole for shooting a charging, unarmed white person in self-defense because they were afraid of bodily harm.

[Oktober]

35. My guess is the basis for the initial interaction plays a large role...

IOW, a regular Joe Blow citizen has no right or authority to stop or detain or really interact with you in a way that could impede your progress moving from point A to point B. If that leads to a conflict then the fault can be with the initiator...

In contrast, a law enforcement official does have the right and even the requirement to intervene when a law is broken, which started with the walking in the street and then lead to the escalation and eventual shots.

I base all of that on my extensive layman's knowledge and what I picked up from TV.... Take with two monstrous grains of salt...