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In reply to the discussion: Lawrence O'Donnell uncovers shocking prosecutorial misconduct. (Wilson grand jury.) [View all]marym625
(17,997 posts)91. Here's a decent abstract on it
Annotation:In 1985 the U.S. Supreme Court ruling in Tennessee v. Garner severely restricted the circumstances under which law enforcement officers may use deadly force to arrest a suspect. In assessing the reasonableness of a deadly force seizure per the fourth amendment, the Court ruled that the need for a police intrusion had to be weighed against its risks, and determined that common law any-fleeing-felon statutes were unconstitutional.
https://www.ncjrs.gov/App/publications/abstract.aspx?ID=141994
The decision wasn't about civil law but civil rights. The police being able to shot someone just because they flee is what was found to be unconstitutional. Not that the dad couldn't sue.
I don't know how else to prove that to you. What that law professor is saying is just plain wrong. Yes, the statute is still on the books but it is unenforceable because it is unconstitutional.
Lawrence O'Donnell, Linda Bloom and Stanley Cohen have all stated this publicly. There are more articles out there that say the same thing. The ABA is going after the DAs office. I can't do anymore to prove this to you
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Lawrence O'Donnell uncovers shocking prosecutorial misconduct. (Wilson grand jury.) [View all]
20score
Nov 2014
OP
It won't happen, but I agree it was gross misconduct, and they should be disbarred
still_one
Nov 2014
#3
The prosecutors supplied the grand jury with a statute that had been ruled unconstitutional
20score
Nov 2014
#7
An Asst. D.A. gave grand jury copies of unconstitutional statute OKing shooting fleeing suspects.
Shrike47
Nov 2014
#8
It's a mistake if he thought he could get away with it. But it was intentional to favor Wilson.
WinkyDink
Nov 2014
#50
seems like there was a dog whistle in there for those who prefer "states rights" over federal law
bettyellen
Nov 2014
#32
I resign myself from the discussion as it appears to be over my level of expertise
JonLP24
Nov 2014
#37
I dont think you can punish a prosecutor for misconduct because he got a no true bill
davidn3600
Nov 2014
#39
Nevertheless, prosecutors are still subject to the Rules of Professional Conduct and can
20score
Nov 2014
#41
1. Not Missouri law. 2. "...once Brown attacked Wilson" was not proven in a court of law.
WinkyDink
Nov 2014
#59
This dame, a lawyer trained in the exquisitely precise use of words, spoke literal nonsense.
WinkyDink
Nov 2014
#62
Hmmmmf. Hope that mother fucking murderer was worth the money you spent for law school and any
lonestarnot
Nov 2014
#83
K&R. I've seen lots of misconduct identified in this case but missed this one. Outrageous!
Overseas
Nov 2014
#90
"With Prosecutors Like this, Darren Wilson Never Really Needed a Defense Lawyer."! My blood
Cha
Nov 2014
#92
Makes you wonder - if they make "mistakes" like this in high-profile, highly scrutanized cases
baldguy
Nov 2014
#101
Incompetence Of The Highest Order - Impeach The Prosecutors - Republican Heads Explode
cantbeserious
Nov 2014
#109