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t’s good he was arrested and charged with murder, but the Supreme Court made it hard to actually convict trigger-happy police officers.
There are two U.S. Supreme Court cases that articulate the bases upon which triers of fact must evaluate the propriety of the police’s use of force, in this case deadly force. Slager will almost certainly be tried before a jury in South Carolina, and this jury will be charged with making a determination as to Slager’s justification in the use of force using criteria articulated by the Supreme Court in Tennessee v. Garner (1985) and Graham v. Connor (1989).
Garner states that deadly force “may not be used unless necessary to prevent (an) escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others.” Scott was attempting to escape from Slager, and Slager’s attorney will no doubt attempt to convince the jury of Scott’s “dangerousness” and his intention to cause injury to Slager or some innocent person through some Machiavellian depiction of Scott’s criminal history and potential for violence. This latter challenge may prove vexing for defense counsel at Slager’s murder trial, but demonizing black men who meet a fateful end at the hands of a police officer in the United States has a demonstrable history of successful results—for the police.
The second relevant Supreme Court case is Graham v. Connor and it is here that Slager’s defense will likely prevail against the prosecution’s representation that Slager murdered Scott, since Graham gives wide latitude and the benefit of the doubt to the police in the use of force, particularly deadly force.
originally posted by: BeefNoMeat
a reply to: Willtell
I agree that the Rodney King-style riots are possible but the state of South Carolina has less people than the metropolitan area of LA. Let's hope it doesn't come to that but if it does it'll likely be on a smaller scale than the South Central riots.
Probably, but that might be a bit more involved. Maybe more involved than they'd like to get. Then the autopsy is open for discussion and subject to scrutiny by many even outside of the case.
originally posted by: windword
a reply to: Bilk22
If "they" manufactured this event, couldn't they also manufacture a body with bullet holes?
Why didn't they shoot him?
originally posted by: Willtell
If this cop gets off then the games all over we are in a police state, certified, codified and real
This is something you would see in NAZI Germany
A cop killing a man for running away.
Do we realize that the young man who took the video was ordered to stay put when the on scene cops found out he had a video,
The guy then ran away
With this reasoning those cops could have shot him too!
originally posted by: Daughter2
Yep, I predict he will be acquitted too.
There are far too many people in the world who refuse to believe cops can do anything wrong.
Then there's another group who might understand it's illegal but are all for killing anyone who doesn't comply with authority. This group even posts here. They make comments like "don't run and you won't have to worry".
My guess is the cop is going to say he thought he was running with the taser and was afraid he was going to turn around or use the weapon on others.
It won't be society changing - a few Walmarts will be looted and a couple cars set on fire.