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Police brutality and police reform (US) Police brutality and police reform (US)

02-01-2023 , 10:32 AM
Quote:
Originally Posted by chillrob
I am wondering which of the other people posting here about these issues actually live in an inner city where there is a good amount of crime, and which ones live out in a quiet suburb (or even in another country, which I know is a good number).
I live in a big city. I'm pretty sure that several other posters do as well.

The city in which I live has approximately the same rate of violent crime as Portland, i.e., fairly low for a large U.S. city.

Last edited by Rococo; 02-01-2023 at 10:38 AM.
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02-01-2023 , 10:55 AM
Quote:
Originally Posted by Rococo
I live in a big city. I'm pretty sure that several other posters do as well.

The city in which I live has approximately the same rate of violent crime as Portland, i.e., fairly low for a large U.S. city.
So as long as it is still safer than St. Louis, the crime uptick in Portland is no biggie the people that live there should worry about?

The point of the argument is that Portland underwent significant policing "reforms" and the violent crime rate spiked as a direct result. He isn't arguing Portland is as violent and deadly as other US cities, which are among the most violent and deadly cities in the whole world. I hope we can all agree the goal should be to live in a world where St. Louis isn't the bar.
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02-01-2023 , 11:44 AM
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Originally Posted by David Sklansky
Its neither here nor there but I assume they will eventually lower the charges to the more correct first degree manslaughter.
Why is that more correct? Cops are thoroughly trained in use of force techniques. How is beating a limp body to death manslaughter?
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02-01-2023 , 12:01 PM
Quote:
Originally Posted by Rococo
I live in a big city. I'm pretty sure that several other posters do as well.

The city in which I live has approximately the same rate of violent crime as Portland, i.e., fairly low for a large U.S. city.
I know it's not one of the very worst for violent crime; I'm not afraid to walk around my neighborhood or anything.but it has been getting worse very rapidly over the lsst few years, much more than other US cities of similar size.

There are many people who used to go downtown for cultural activities but won't go anymore because they don't feel safe, and I probably wouldn't myself if I were a smaller guy or a woman.
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02-01-2023 , 01:45 PM
Quote:
Originally Posted by Dunyain
So as long as it is still safer than St. Louis, the crime uptick in Portland is no biggie the people that live there should worry about?

The point of the argument is that Portland underwent significant policing "reforms" and the violent crime rate spiked as a direct result. He isn't arguing Portland is as violent and deadly as other US cities, which are among the most violent and deadly cities in the whole world. I hope we can all agree the goal should be to live in a world where St. Louis isn't the bar.
if by "reforms" you mean a large budget INCREASE then sure..


to your point though crime is a difficult thing to talk objectively about, i agree. it's hard to tell someone that crime actually went down in 2022 by a couple percent when their car got stolen the month before.. but that doesn't make the statistics less true. obviously chillrob is saying that homicides have risen in portland in the last 2 years, but from the 2020 statistics i found portland was something like 78th.

also crime statistics are also hilarious bad all around. we're throwing around homicide numbers and police budgets, but the one article i read listed all the homicides from 2020 in portland and 2 of them were infants that were shaken to death by their parents.. what amount of police is going to stop that homicide from occurring?? but yet it's used in the "deep dive" statistics to try and justify further increases in police budgets.
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02-01-2023 , 01:48 PM
Quote:
Originally Posted by chillrob
I know it's not one of the very worst for violent crime; I'm not afraid to walk around my neighborhood or anything.but it has been getting worse very rapidly over the lsst few years, much more than other US cities of similar size.

There are many people who used to go downtown for cultural activities but won't go anymore because they don't feel safe, and I probably wouldn't myself if I were a smaller guy or a woman.
this is what i'm talking about when it comes to the inherent problems in discussing crime objectively..

this is all FEELS.. lots of people FEEL scared of NYC because they FEEL like there is a bunch of crime but that doesn't change the fact that NYC is considered one of the safest big cities.
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02-01-2023 , 02:07 PM
Quote:
Originally Posted by Rococo
More correct why?
Internet definition basically says its manslaughter one if serious harm, not death, is your goal and you are surprised (but not shocked) if he dies. Seems closer to describing what happened.
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02-01-2023 , 02:18 PM
That's a woefully incomplete description of manslaughter.
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02-01-2023 , 02:37 PM
Quote:
Originally Posted by Dunyain
So as long as it is still safer than St. Louis, the crime uptick in Portland is no biggie the people that live there should worry about?

The point of the argument is that Portland underwent significant policing "reforms" and the violent crime rate spiked as a direct result. He isn't arguing Portland is as violent and deadly as other US cities, which are among the most violent and deadly cities in the whole world. I hope we can all agree the goal should be to live in a world where St. Louis isn't the bar.
Your comment is right on point, except (i) I didn't purport to comment on what level of crime should make residents uncomfortable; (ii) I never suggested that an uptick in crime in Portland should be of no concern to residents of Portland; and (iii) I didn't even mention St. Louis, much less suggest that St. Louis was an appropriate safety benchmark.
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02-01-2023 , 02:41 PM
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Originally Posted by David Sklansky
Internet definition basically says its manslaughter one if serious harm, not death, is your goal and you are surprised (but not shocked) if he dies. Seems closer to describing what happened.
But they’re being tried under US law, not internet law.
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02-01-2023 , 02:47 PM
Quote:
Originally Posted by David Sklansky
Internet definition basically says its manslaughter one if serious harm, not death, is your goal and you are surprised (but not shocked) if he dies. Seems closer to describing what happened.
In most jurisdictions, manslaughter is best thought of as a "passion" or "in the moment" killing. In other words, manslaughter doesn't involve planning.

Also, certain actions are so dangerous that it is futile to argue that you did not have an attempt to kill. For example, if I shoot you in the arm, I will never make any headway arguing that I intended to wing you, not kill you. I will be charged and convicted of attempted murder.

Here, (i) the beating was so severe that it arguably is more akin to shooting a gun than it is to punching a drunk in a bar; and (ii) the encounter was so prolonged and it took so long for them to get him medical help that you could justify charging them with a more serious crime than manslaughter.
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02-01-2023 , 04:11 PM
Quote:
Originally Posted by Slighted
this is what i'm talking about when it comes to the inherent problems in discussing crime objectively..

this is all FEELS.. lots of people FEEL scared of NYC because they FEEL like there is a bunch of crime but that doesn't change the fact that NYC is considered one of the safest big cities.
It is not all FEELS. That single post was, but yesterday I posted to articles with crime statistics. Murders more than doubled between 2019 and 2021.

Those statistics make people FEEL scared of going into the city, and rightfully so.

Then the fact that people won't go downtown for cultural activities hurts the businesses in the area and eventually kills downtowns. The way people feel is important.
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02-01-2023 , 05:20 PM
Quote:
Originally Posted by Rococo
In most jurisdictions, manslaughter is best thought of as a "passion" or "in the moment" killing. In other words, manslaughter doesn't involve planning.

Also, certain actions are so dangerous that it is futile to argue that you did not have an attempt to kill. For example, if I shoot you in the arm, I will never make any headway arguing that I intended to wing you, not kill you. I will be charged and convicted of attempted murder.

Here, (i) the beating was so severe that it arguably is more akin to shooting a gun than it is to punching a drunk in a bar; and (ii) the encounter was so prolonged and it took so long for them to get him medical help that you could justify charging them with a more serious crime than manslaughter.
So, you are saying that a group of black law enforcement officers "planned" to beat up a young black man who hadn't committed a major crime to the point where his death was a decent possibility, even though they were wearing bodycams and were taking a big risk of ruining their own lives?

The fact that Slighted did not quickly join in to refute me should have been a tipoff.
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02-01-2023 , 06:05 PM
They could try adding that they beat people up like this routinely with death being unusual.
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02-01-2023 , 07:27 PM
Quote:
Originally Posted by Rococo
In most jurisdictions, manslaughter is best thought of as a "passion" or "in the moment" killing. In other words, manslaughter doesn't involve planning.

Also, certain actions are so dangerous that it is futile to argue that you did not have an attempt to kill. For example, if I shoot you in the arm, I will never make any headway arguing that I intended to wing you, not kill you. I will be charged and convicted of attempted murder.

Here, (i) the beating was so severe that it arguably is more akin to shooting a gun than it is to punching a drunk in a bar; and (ii) the encounter was so prolonged and it took so long for them to get him medical help that you could justify charging them with a more serious crime than manslaughter.
i hated the charge "shooting with intent to kill" in my jurisdiction which is what your example would be here, because it had the same penalty as "assault and battery with a deadly weapon" but one more element to prove, (that the intent was to kill the victim). lol.

Quote:
Originally Posted by David Sklansky
So, you are saying that a group of black law enforcement officers "planned" to beat up a young black man who hadn't committed a major crime to the point where his death was a decent possibility, even though they were wearing bodycams and were taking a big risk of ruining their own lives?

The fact that Slighted did not quickly join in to refute me should have been a tipoff.
i didnt see what you were responding to initially. if we're talking about the memphis killing it depends on the Tennessee statutes. while a lot of times manslaughter is what you said and could be the lower charge sometimes states do weird things with the statutes; Tennessee's 2nd degree murder appears to be just "Second degree murder is: A knowing killing of another;". so any intentional action that a reasonable person knows would kill a person would appear to qualify. googling some tennessee law firm explanations of Tennessee statutes gives you
Quote:
"The key difference with second-degree murder is the mental state. A defendant does not intend after reflection to kill the victim. However, he might know that his conduct very well could have that effect. For example, a defendant might beat a person to death and should know that several blows to the head could result in death, even if this is not the intended result."
which seems to fit this situation really well.

it appears that Tennessee's 1st manslaughter statute require "adequate provocation" on the part of the offender.
Quote:
Voluntary manslaughter is the intentional or knowing killing of another in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.
which would be an interesting argument if "evading" and i say that in the loosest terms with regards to this incident is an "adequate provocation".

2nd manslaughter appears to be "reckless killing" vs. the 2nd degree murder's "knowing killing".

Last edited by Slighted; 02-01-2023 at 07:32 PM.
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02-01-2023 , 08:20 PM
Quote:
Originally Posted by Rococo
In most jurisdictions, manslaughter is best thought of as a "passion" or "in the moment" killing. In other words, manslaughter doesn't involve planning.

Also, certain actions are so dangerous that it is futile to argue that you did not have an attempt to kill. For example, if I shoot you in the arm, I will never make any headway arguing that I intended to wing you, not kill you. I will be charged and convicted of attempted murder.

Here, (i) the beating was so severe that it arguably is more akin to shooting a gun than it is to punching a drunk in a bar; and (ii) the encounter was so prolonged and it took so long for them to get him medical help that you could justify charging them with a more serious crime than manslaughter.
I'm grunching a little, but could this example with the prolonged beating be considered for charging more than manslaughter precisely because the sheer negligence can be equated in badness to actual intent in that they should have known that their actions are basically similar to what a person's genuine intent to kill might have been? The discussion of intent here is reminiscent of a thread with Trump handling documents that you posted in IIRC in that as to whether he could be guilty of a particular charge could hinge on whether he should have reasonably known better.
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02-01-2023 , 08:34 PM
You guys are overthinking this; if you beat someone to death with your bare hands, you're probably going to get a murder charge.
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02-01-2023 , 09:12 PM
I believe that is generally true or at least ought to be, but the point that it seems extremely unlikely that they would have wanted him to actually die and thus that the intent probably wasn't there in a literal sense is an interesting point of discussion in the realm of legalese, and also perhaps a decent guess as to how Rococo perhaps might endeavor to square away DS's incredulity towards his opinion on the matter.
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02-01-2023 , 09:14 PM
Quote:
Originally Posted by Trolly McTrollson
You guys are overthinking this; if you beat someone to death with your bare hands, you're probably going to get a murder charge.
Sounds like classic manslaughter.
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02-01-2023 , 09:27 PM
I feel like Trolly's frank and dry posts are like anything but man's laughter.
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02-01-2023 , 09:41 PM
Quote:
Originally Posted by Trolly McTrollson
You guys are overthinking this; if you beat someone to death with your bare hands, you're probably going to get a murder charge.
Is that a legal opinion?
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02-01-2023 , 09:45 PM
Quote:
Originally Posted by Didace
Is that a legal opinion?
there are no legal opinions in this thread.. haha
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02-01-2023 , 10:39 PM
Quote:
Originally Posted by Didace
Is that a legal opinion?
It’s legally my opinion, I guess.


It just seems like Tennessee’s murder 2 sounds exactly like the situation with the cops:

Quote:
A defendant does not intend after reflection to kill the victim. However, he might know that his conduct very well could have that effect.
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02-01-2023 , 11:50 PM
Quote:
Originally Posted by Slighted
i hated the charge "shooting with intent to kill" in my jurisdiction which is what your example would be here, because it had the same penalty as "assault and battery with a deadly weapon" but one more element to prove, (that the intent was to kill the victim). lol.



i didnt see what you were responding to initially. if we're talking about the memphis killing it depends on the Tennessee statutes. while a lot of times manslaughter is what you said and could be the lower charge sometimes states do weird things with the statutes; Tennessee's 2nd degree murder appears to be just "Second degree murder is: A knowing killing of another;". so any intentional action that a reasonable person knows would kill a person would appear to qualify. googling some tennessee law firm explanations of Tennessee statutes gives you

which seems to fit this situation really well.

it appears that Tennessee's 1st manslaughter statute require "adequate provocation" on the part of the offender.


which would be an interesting argument if "evading" and i say that in the loosest terms with regards to this incident is an "adequate provocation".

2nd manslaughter appears to be "reckless killing" vs. the 2nd degree murder's "knowing killing".
Hehe, I shouldn't have grunched as the bolded and in particular the underlined from Slighted is essentially what I was suggesting.
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02-02-2023 , 02:39 AM
Quote:
Originally Posted by Trolly McTrollson
But they’re being tried under US law, not internet law.


My early nominee for best quote for February.
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