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No Indictment in Chokehold Death [W:1903,2680]

Re: No Indictment in Chokehold Death

Does the eggshell rule apply here?

Doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. If the defendant commits a tort against the plaintiff without a complete defense, the defendant becomes liable for any injury that is magnified by the plaintiff's peculiar characteristics.
 
Re: No Indictment in Chokehold Death

clownboy said:
Of violating procedure yes. Was he let off by the department for that?
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Not just violating procedure... Of killing a person...
 
Re: No Indictment in Chokehold Death

ReverendHellh0und said:
Point of information: 56.9% of all cigarettes sold in NYC are bootleg. the tobacco king he was not.
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Considering the NYC tax on cigs the bootleg business is understandable.
 
Re: NYPD officer in Eric Garner chokehold death not indicted by Staten Island grand j

1750Texan said:
30 black men are killed by PD per 1,000,000.

1 white man is killed by PD per 1,000,000.

Micheal Brown's death is not an anomaly.
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Source for your statistics?

The Fox News host's numbers, meanwhile, came from a fatal injury database maintained by the Centers for Disease Control and Prevention.

A search in 2012 for deaths caused by "legal intervention" as a result of the use of a firearm -- that is, a police shooting -- yields just the numbers O'Reilly cited Monday night. In the 15-19 age range, the database shows 20 white people killed in 2012 and 14 blacks.

The problem, experts say, is that the United States doesn't collect accurate statistics and verify nearly enough information to show definitive trends in police shootings.
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Bill O'Reilly, Nick Kristof on race and police killings - CNN.com

Averaged over seven years, that's about 420 deaths a year. While BJS does not provide the annual number of arrest-related deaths by race or ethnicity, a rough calculation based on its data shows that black people were about four times as likely to die in custody or while being arrested than whites.
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Here
 
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Re: No Indictment in Chokehold Death

joko104 said:
What should the police have done instead? Said, "well, since you don't want to be arrested I guess you can break the law" and walk away?
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It never should have gotten that far. police had no evidence he was currently selling bootleg cigarettes but used that as an excuse to go after him.
 
Re: No Indictment in Chokehold Death

clownboy said:
Michael Brown remembered as a 'gentle giant' : News

and about a thousand other links, do you really want to dispute that's how Brown was/is still characterized?
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Characterizing him that way is a lie. There is no dispute he smashed the officer in the face. Are you claiming he "gently" slugged the officer in the face? That he was "gentle" in the store?
 
Re: No Indictment in Chokehold Death

joko104 said:
If a person can say "I can't breathe" that means the person is NOT being chocked. It would more likely indicate 1.) a heart problem 2.) a lung problem or 3.) being crushed.

It would NOT indicate being chocked. If a person is chocking the person is unable to speak (obviously).
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Depends, are you choking the airways or the arteries?
 
Re: No Indictment in Chokehold Death

Bodhisattva said:
Not just violating procedure... Of killing a person...
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Again, resisting arrest did that. Violating procedure, especially where it results in death is a career ender.
 
Re: No Indictment in Chokehold Death

Lutherf said:
The arrest is consistent with the "Broken Windows" theory of law enforcement. The basic idea is that if you take care of the small things then the big things will be less likely to happen.
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He wasn't currently selling cigarettes, in fact, he had just broken up a fight..
 
Re: No Indictment in Chokehold Death

Henry David said:
The people that sit on this jury must be police officers.

If ever there was a case of manslaughter, this was it.
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Head lock, not choke hold. Medical proof of that.
 
Re: No Indictment in Chokehold Death

joko104 said:
If a person can say "I can't breathe" that means the person is NOT being chocked. It would more likely indicate 1.) a heart problem 2.) a lung problem or 3.) being crushed.

It would NOT indicate being chocked. If a person is chocking the person is unable to speak (obviously).
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Oh I don't agree with that at all. You most assuredly might be able to say that if the choke hold wasn't sufficient to cut off all oxygen.
 
Re: NYPD officer in Eric Garner chokehold death not indicted by Staten Island grand j

Just watching the video there should have been charges. This appears to not have been done in self defense and after he said "I can't breathe" they continued. I don't know the full story, but given what I see this was excessive force by the police resulting in death even after the suspect told them he couldn't breathe.

It's completely unacceptable and if this is a legal use of force the laws need to be changed. Police are given FAR too much power when they are legally allowed to kill you in the process of apprehension and not acting in self defense.

It looks like his intent wasn't to kill nor is this typically lethal, but with his asthma, obesity and other factors it resulted in death and they should have reacted when he said he couldn't breathe.
 
Re: No Indictment in Chokehold Death

ReverendHellh0und said:
It never should have gotten that far. police had no evidence he was currently selling bootleg cigarettes but used that as an excuse to go after him.
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Yeah, those other 31 times he'd been caught for the same thing don't mean a thing. :mrgreen:
 
Re: No Indictment in Chokehold Death

joko104 said:
What should the police have done instead? Said, "well, since you don't want to be arrested I guess you can break the law" and walk away?
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They never should have approached him, he was committing no crime.
 
Re: No Indictment in Chokehold Death

A white police officer kills a black man and is not indicted for it.

Move along, folks. It's just business as usual in the good ol' US of A.
 
Re: No Indictment in Chokehold Death

clownboy said:
Yeah, those other 31 times he'd been caught for the same thing don't mean a thing. :mrgreen:
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So wait, if I'm arrested in the past, that means the cops can at anytime attack me? I disagree.
 
Re: NYPD officer in Eric Garner chokehold death not indicted by Staten Island grand j

1750Texan said:
30 black men are killed by PD per 1,000,000.

1 white man is killed by PD per 1,000,000.

Micheal Brown's death is not an anomaly.
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Do you also have statistics for commission of crimes and arrests for blacks per 1 million and whites per 1 million?
 
Re: No Indictment in Chokehold Death

ReverendHellh0und said:
Depends, are you choking the airways or the arteries?
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Possibly blocking the arteries to the brain, which causes unconsciousness.
 
Re: No Indictment in Chokehold Death

ReverendHellh0und said:
So wait, if I'm arrested in the past, that means the cops can at anytime attack me? I disagree.
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Sure, after 20 times you prove you cant follow the law. I don't care what happens to you.
 
Re: No Indictment in Chokehold Death

clownboy said:
Again, resisting arrest did that. Violating procedure, especially where it results in death is a career ender.
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There is no need for a choke hold. The cop needs to be charged and the GJ should admit it to Trial.
 
Re: No Indictment in Chokehold Death

KLATTU said:
Does the eggshell rule apply here?

Doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. If the defendant commits a tort against the plaintiff without a complete defense, the defendant becomes liable for any injury that is magnified by the plaintiff's peculiar characteristics.
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Civil law does not apply generally in criminal cases.
 
Re: NYPD officer in Eric Garner chokehold death not indicted by Staten Island grand j

americanwoman said:
My thoughts with Garner's family. Not only was he tragically taken from them but there is no justice for them either.
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Justice was served. He got what he was asking for.
 
Re: No Indictment in Chokehold Death

CRUE CAB said:
Sure, after 20 times you prove you cant follow the law. I don't care what happens to you.
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I prefer the rule of of law. probable cause, reasonable suspicion, detainment, contact, arrest and all that.
 
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