Just fyi that statute just lays out the different ways it can be violated....they charged him with Felony murder which falls under paragraph (c)....commission of a dangerous felony resulting in death...they know they cant prove murder but if they can prove a felony they can get him under the felony murder doctrine
My wife is a paralegal who works in criminal law. Based on how they charged the officer what they are going to try to do is hang him for not telling the man he was under arrest and reading his rights before cuffing him. On this technicality they can push false arrest and assault as the predicate crime.
So I don't know that you have to tell someone before cuffing them. I even have a friend who is big into jiu jitsu and teaches police how to arrest people and he always told me cops are trained to NOT give away that they are about to arrest you. This is in Canada but I'd be surprised at having to give a guy notice before cuffing him for exactly the reason seen in this case.
I'm sorry I know no law that says you have to read miranda before you cuff. This scenario is EXACTLY WHY! People go fucking mental when they think they will be arrested.
Does she happen to know the law states that you must obey the orders of officers or be in violation of the resisting arrest statute? I'm kind of surprised by it myself, but what can you do..legislators and lawyers are basically lazy idiots looking for more guaranteed work. Poorly written laws are the way to get it done.
I’m a lawyer and i can tell you that your understanding of felony murder is incorrect. Under the law in Fulton County GA, the scenario you described would be either Malice murder (as malice is not the same as premeditation and can be formed within moments, a second even, before committing the killing) or if substantially provoked (and therefore done in the heat of passion) would be charged as voluntary manslaughter. Felony murder is charged when there is a felony and someone dies during the course of that felony. Sometimes in some states the death isn’t even have to be caused by those committing the felony. It could be that during a robbery a cop shows up and kills a perpetrator and the other perpetrators are charged with felony murder for the death of their fellow criminal. Or an innocent person tries to get away and falls and hits their head and dies. You usually see it in group crimes where no one was supposed to kill anyone but someone flips out and shoots someone...in that case the trigger man gets charged with malice murder and his accomplices get charged with felony murder some of whom may have had nothing to do with the person dying (even getaway drivers in some cases). It does get charged for individuals sometimes but its not usually when the killing is as direct as shooting someone as that will usually fall malice murder, voluntary manslaughter (in the heat of passion), or involuntary manslaughter (a negligent act with disregard for human life). Here the reason they probably went with that is because its easier for them to prove up a felony (which requires no intent to kill at all) than it would be any of the others.
Just fyi that statute just lays out the different ways it can be violated....they charged him with Felony murder which falls under paragraph (c)....commission of a dangerous felony resulting in death...they know they cant prove murder but if they can prove a felony they can get him under the felony murder doctrine
My wife is a paralegal who works in criminal law. Based on how they charged the officer what they are going to try to do is hang him for not telling the man he was under arrest and reading his rights before cuffing him. On this technicality they can push false arrest and assault as the predicate crime.
If they try to imprison an innocent man defending us from scum on that technicality: I think Republicans should riot.
If it comes to that, they are trying to use the law to kill us. It's Germany's gas chambers.
So I don't know that you have to tell someone before cuffing them. I even have a friend who is big into jiu jitsu and teaches police how to arrest people and he always told me cops are trained to NOT give away that they are about to arrest you. This is in Canada but I'd be surprised at having to give a guy notice before cuffing him for exactly the reason seen in this case.
I'm sorry I know no law that says you have to read miranda before you cuff. This scenario is EXACTLY WHY! People go fucking mental when they think they will be arrested.
Does she happen to know the law states that you must obey the orders of officers or be in violation of the resisting arrest statute? I'm kind of surprised by it myself, but what can you do..legislators and lawyers are basically lazy idiots looking for more guaranteed work. Poorly written laws are the way to get it done.
But just for the record i do agree that its justifiable homicide imo
I’m a lawyer and i can tell you that your understanding of felony murder is incorrect. Under the law in Fulton County GA, the scenario you described would be either Malice murder (as malice is not the same as premeditation and can be formed within moments, a second even, before committing the killing) or if substantially provoked (and therefore done in the heat of passion) would be charged as voluntary manslaughter. Felony murder is charged when there is a felony and someone dies during the course of that felony. Sometimes in some states the death isn’t even have to be caused by those committing the felony. It could be that during a robbery a cop shows up and kills a perpetrator and the other perpetrators are charged with felony murder for the death of their fellow criminal. Or an innocent person tries to get away and falls and hits their head and dies. You usually see it in group crimes where no one was supposed to kill anyone but someone flips out and shoots someone...in that case the trigger man gets charged with malice murder and his accomplices get charged with felony murder some of whom may have had nothing to do with the person dying (even getaway drivers in some cases). It does get charged for individuals sometimes but its not usually when the killing is as direct as shooting someone as that will usually fall malice murder, voluntary manslaughter (in the heat of passion), or involuntary manslaughter (a negligent act with disregard for human life). Here the reason they probably went with that is because its easier for them to prove up a felony (which requires no intent to kill at all) than it would be any of the others.