Darren Wison skates on Unconstitutional Law

[madashelltoo]

The law that gives Missouri police the right to open season killing of unarmed fleeing minorities has already been found to be Unconstitutional. So, how are they using it with no push back from the Department of Justice? Black and Brown and Red and White should be up in arms about that crap!

[Oktober]

1. What, specifically, are you talking about?

[Recursion]

2. Many analysts hold that the MO statute is incompatible with Federal case law

and gives far too broad discretion to police in the use of deadly force (eg, a plain reading says it allows deadly force to prevent escape of a suspect who has not yet been violent, which is not permissible by Federal case law).

[helpmetohelpyou]

3. This

http://blogs.wsj.com/law/2014/11/24/why-ferguson-officer-wasnt-charged-a-look-at-use-of-force-doctrine/


The state laws on “use of force” — or when a police officer is justified in using deadly force — varies from state to state. Missouri’s law is considered more officer-friendly than that in other states, say legal experts.

Specifically, the law says:


563.046. A law enforcement officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force:

(2) When he reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested

(a) Has committed or attempted to commit a felony; or

(b) Is attempting to escape by use of a deadly weapon; or

(c) May otherwise endanger life or inflict serious physical injury unless arrested without delay

[madashelltoo]

4. Thanks helpmetohelpyou

I'm so upset right now I couldn't do the research if I wanted. Now, tonight the police are bragging about not returning gun fire. Someone shoots at you, you don't shoot back, but you gun down an unarmed teen who is running away from you and all is well with the world. Please.