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Old 08-10-2015, 12:10 PM
 
11,185 posts, read 6,512,917 times
Reputation: 4622

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Quote:
Originally Posted by jade408 View Post
I think the guy in this case probably should have been arrested. But deadly force seems unnecessary. I would like to see more "alternative" approaches to de-escalate situations instead of pulling out their guns and shooting.

And resisting arrest in many times is bogus. The police pull someone over without just cause. Refuse to tell the person why they are stopped. Then they get arrested for resisting arrest.
You keep pretending that the cops showed up with guns blazing. What I've read so far, Taylor was inside the building when he ran instead of obeying an order to lie down. Still no shots fired.

Unless sources are telling you details of the so-called 'altercation,' you have zip rationale to claim the shooting seems unnecessary.
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Old 08-10-2015, 12:15 PM
 
1,994 posts, read 1,522,221 times
Reputation: 2924
Quote:
Originally Posted by phetaroi View Post
I doubt you're right, but if you can show me law that says differently, I'll listen.
Ok, just read any law that deals with slander. You can voice an opinion, that is covered by free speech. However, once you say "you are..." that is no longer opinion and can be tested as slander or even libel. The police officer can then arrest you for that becuase an arrest is just that, it is not a conviction but merely an allegation. "slan·der

ˈslandər/

noun

LAW

1.

the action or crime of making a false spoken statement damaging to a person's reputation.

"he is suing the TV network for slander"
" When spoken it requires a third person to hear it. To person to cop, no but person to cop in the presence of others, yes. More to the point, why do it? People who insult cops usually do it to incite the cop.
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Old 08-10-2015, 12:24 PM
 
1,994 posts, read 1,522,221 times
Reputation: 2924
Quote:
Originally Posted by 2sleepy View Post
He can't
The more you post the more you expose yourself as not knowing very much. Like the difference between "may not" and "shall not" you seem to be less than cluess.

§ 16-11-40 - Criminal defamation :: 2010 Georgia Code :: US Codes and Statutes :: US Law :: Justia

http://codes.lp.findlaw.com/txstatut.../B/89/C/89.101

http://le.utah.gov/~code/TITLE76/htm/76_09_040400.htm
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Old 08-10-2015, 12:28 PM
 
Location: Living rent free in your head
42,850 posts, read 26,307,990 times
Reputation: 34059
Quote:
Originally Posted by Year2525 View Post
Ok, just read any law that deals with slander. You can voice an opinion, that is covered by free speech. However, once you say "you are..." that is no longer opinion and can be tested as slander or even libel. The police officer can then arrest you for that becuase an arrest is just that, it is not a conviction but merely an allegation.
IT IS NOT CRIMINAL, it is civil you cannot be arrested for it. I already tried to explain that to you once, but let me try again

THIS should help you understand that slander/defamation is civil, not criminal:
Defamation Law Made Simple | Nolo.com
"Defamation" is a catch-all term for any statement that hurts someone's reputation. Written defamation is called "libel," and spoken defamation is called "slander." Defamation is not a crime, but it is a "tort" (a civil wrong, rather than a criminal wrong). A person who has been defamed can sue the person who did the defaming.

Penalties for Civil vs Criminal acts:
The Mississippi Bar: The Difference Between a Civil and Criminal Case
"A civil case involves a dispute between two people, or parties, on a certain issue. One party sues the other, and the jury determines liability and the amount of damages. The court may order the party found at fault to pay money to the injured party or to fulfill an obligation, such as honoring a contract".

"Criminal law considers a crime an act against society rather than an individual. Therefore, the government brings legal action against a person for committing a crime. If found guilty, the defendant may have to pay a fine, serve time in jail or prison, or be placed on probation. The law and society view jail time, or incarceration, as the loss of one's personal freedom and thus, a more severe penalty than a monetary fine".
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Old 08-10-2015, 12:29 PM
 
Location: Planet Earth, Milky Way
335 posts, read 377,025 times
Reputation: 527
Quote:
Originally Posted by jade408 View Post
I want us to investigate every police shooting where the victim is unarmed. Why must every altercation include the use of a gun? We clearly need better training.
Do you have any training or qualifications to make a statement like that?
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Old 08-10-2015, 12:32 PM
 
1,994 posts, read 1,522,221 times
Reputation: 2924
You see 2sleepy, while I won't say you are often ignorant about much of what you say, I would say that you shoukd consider if that is true. Twice now you've simply said things that aren't close to be truthful, well, actually three times so maybe take a breather and at least do a vit if research before saying such things. It only causes others to point out how wrong you are. Don't you get the point yet?
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Old 08-10-2015, 12:34 PM
 
1,994 posts, read 1,522,221 times
Reputation: 2924
Did you not read that slander can be criminal? Now you're acting like you can't read.
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Old 08-10-2015, 12:36 PM
 
Location: Living rent free in your head
42,850 posts, read 26,307,990 times
Reputation: 34059
Quote:
Originally Posted by Year2525 View Post
The more you post the more you expose yourself as not knowing very much. Like the difference between "may not" and "shall not" you seem to be less than cluess.

§ 16-11-40 - Criminal defamation :: 2010 Georgia Code :: US Codes and Statutes :: US Law :: Justia

TEX FI. CODE ANN. § 89.101 : Texas Statutes - Section 89.101: CRIMINAL SLANDER

http://le.utah.gov/~code/TITLE76/htm/76_09_040400.htm

GEORGIA DEFAMATION LAW: Williamson v. State, 249 Ga. 851 (1982), held that the statute was partially unconstitutional because the language “tends to provoke a breach of peace” is vague and overbroad. Yet in light of the decision, the statute has not been revised and remains on the books.

TEXAS STATUTE: Does not apply to defamation of a person in any way, but rather slander against an 'association'
a) A person commits an offense if the person, with intent to injure an association or a federal association in this state:
(1) knowingly makes, utters, circulates, or transmits to another person a statement that is untrue and derogatory to the financial condition of the association or federal association; or
(2) counsels, aids, procures, or induces another person to originate, make, utter, transmit, or circulate a statement or rumor that is untrue and derogatory to the financial condition of the association or federal association.

UTAH STATUTE
Utah repealed its criminal-libel statutes in 2007 (S.B. 86, effective April 30, 2007), but a similar criminal-defamation statute remains on the books. The libel statute was previously found unconstitutional in I.M.L. v. State, 61 P.3d 1038, 1048 (Utah, 2002).
The criminal-defamation statute is codified at Utah Code Ann. § 76-9-404:
(1) A person is guilty of criminal defamation if he knowingly communicates to any person orally or in writing any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule.

Here's a full list: Criminal-libel statutes, state by state | First Amendment Center Most of the states with criminal defamation laws still have them simply because no one removed them, they are generally unconstitutional. There is still a law on the books in Nevada that makes it a crime for a hotel operator to have sheets that extend less than 13" over the mattress, and another that makes it a crime to swear in front of a dead person
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Old 08-10-2015, 12:36 PM
 
Location: Austin TX
11,027 posts, read 6,512,925 times
Reputation: 13259
Quote:
Originally Posted by jazzarama View Post
How about in situations like this all the cops do is surround the suspect or location instead of attempting an arrest. Call mom and dad to try and talk sense to the person. Offer a free education or other reward for turning himself in. There are all sorts of alternatives to making an arrest.
Because police officers are not social workers, a fact that way too many people forget when they're having a family squirmish and promptly dial 911, then stand outside their house and moan and cry as their loved one is being arrested for domestic violence.
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Old 08-10-2015, 12:39 PM
 
1,994 posts, read 1,522,221 times
Reputation: 2924
Quote:
Originally Posted by 2sleepy View Post
GEORGIA DEFAMATION LAW: Williamson v. State, 249 Ga. 851 (1982), held that the statute was partially unconstitutional because the language “tends to provoke a breach of peace” is vague and overbroad. Yet in light of the decision, the statute has not been revised and remains on the books.

TEXAS STATUTE: Does not apply to defamation of a person in any way, but rather slander against an 'association'
a) A person commits an offense if the person, with intent to injure an association or a federal association in this state:
(1) knowingly makes, utters, circulates, or transmits to another person a statement that is untrue and derogatory to the financial condition of the association or federal association; or
(2) counsels, aids, procures, or induces another person to originate, make, utter, transmit, or circulate a statement or rumor that is untrue and derogatory to the financial condition of the association or federal association.

UTAH STATUTE
Utah repealed its criminal-libel statutes in 2007 (S.B. 86, effective April 30, 2007), but a similar criminal-defamation statute remains on the books. The libel statute was previously found unconstitutional in I.M.L. v. State, 61 P.3d 1038, 1048 (Utah, 2002).
The criminal-defamation statute is codified at Utah Code Ann. § 76-9-404:
(1) A person is guilty of criminal defamation if he knowingly communicates to any person orally or in writing any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt, or ridicule.
See, you just don't get it. A cop does belong to an association and representa such. First learn what "Association" means. Jailhouse lawyer is starting to come to mind concerning your post, it explains quite a lot.
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