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In reply to the discussion: Lawrence O'Donnell uncovers shocking prosecutorial misconduct. (Wilson grand jury.) [View all]passiveporcupine
(8,175 posts)40. I may be wrong, but from what I've read the following is true
http://en.wikipedia.org/wiki/Fleeing_felon_rule
From what I read here in another post (long time ago) I believe is that once Brown attacked Wilson inside his vehicle, he became a felon.
So, I'm not really sure if O'Donnell is correct on this. Or maybe Wiki is incorrect.
At Common law, the Fleeing Felon Rule permits the use of force, including deadly force, against an individual who is suspected of a felony and is in clear flight.[citation needed] Force may be used by the victim, bystanders, or police officers.[citation needed]
Under U.S. law the fleeing felon rule was limited in 1985 to non-lethal force in most cases by Tennessee v. Garner, 471 U.S. 1. The justices held that deadly force "may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious bodily harm to the officer or others."[2]
A police officer may not seize an unarmed, nondangerous suspect by shooting him dead...however...Where the officer has probable cause to believe that the suspect poses a threat of serious physical harm, either to the officer or to others, it is not constitutionally unreasonable to prevent escape by using deadly force.
Justice Byron White, Tennessee v. Garner
Justice Byron White, Tennessee v. Garner
From what I read here in another post (long time ago) I believe is that once Brown attacked Wilson inside his vehicle, he became a felon.
So, I'm not really sure if O'Donnell is correct on this. Or maybe Wiki is incorrect.
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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