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I think he knows the word Constitution but doesn't really know or understand it. This isn't his first mistake regarding it.
Is it even taught in civics classes anymore?
Is there a Civics class? I know I never had it. I certainly had to study the Constitution over the years but I don't think we ever went beyond the Bill of Rights in high school.
Is there a Civics class? I know I never had it. I certainly had to study the Constitution over the years but I don't think we ever went beyond the Bill of Rights in high school.
In NC, at least when I was in High School (15+ yrs ago, admittedly) Civics was taught in the 9th grade. The whole year, "social studies" class was all about Civics.
I disagree with this comment in the context that some others are using it. We are talking about someone being shot and killed. It is not justified because someone matches a profile. Some on this discussion disagree with me, but the constitution is VERY CLEAR that someone is innocent until proven guilty. That holds true here in Raleigh.
I do agree with these comments. The INFORMATION is relevant, and my heart goes out to all involved, including the officer and his family, who I assume did not set out to be involved with this when he woke up on the day of the incident.
Completely agree that people are innocent until proven guilty, but "is in a gang" is demographic information and police DO excercise greater caution trying to apprehend citizens who are in gangs than they do old ladies with unpaid parking tickets, no?
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Completely agree that people are innocent until proven guilty, but "is in a gang" is demographic information and police DO excercise greater caution trying to apprehend citizens who are in gangs than they do old ladies with unpaid parking tickets, no?
I see your point. If the cops were out there looking for him, I'm sure they new his history and affiliations.
I'd love to know what exactly their instructions/information about him was and how it was given. Were they told to consider him "armed and dangerous"? If so, how do police usually determine that? Or is there some other less-Hollywood cliche term they use and what does it mean?
My ex had his concealed carry permit and I wonder if, had we had any police show up looking for my ex, would they have considered him "armed and dangerous" because of the number of firearms in our household (which was more than 4, for scale)? Not trying to pull a strawman, but really just don't know what kind of factors are used in the decision to issue these types of "warnings" to officers when they're looking for someone.
This is covered by the 5th Amendment's Due Process clause:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
"The burden of proof imposed on the prosecution and the presumption of innocence granted every defendant are based on the "Due Process" Clauses of the Fifth and Fourteenth Amendments." Burden of Proof and Presumption of Innocence
"The concept of the presumption of innocence is one of the most basic in our system of justice. However, in so many words, it is not codified in the text of the Constitution. This basic right comes to us, like many things, from English jurisprudence, and has been a part of that system for so long, that it is considered common law. The concept is embodied in several provisions of the Constitution, however, such as the right to remain silent and the right to a jury." Things That Are Not In the U.S. Constitution - The U.S. Constitution Online - USConstitution.net
This is covered by the 5th Amendment's Due Process clause:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Well, here I wasted all that time cleaning my guns for a little Street Skeet...
Dang.
I see your point. If the cops were out there looking for him, I'm sure they new his history and affiliations.
I'd love to know what exactly their instructions/information about him was and how it was given. Were they told to consider him "armed and dangerous"? If so, how do police usually determine that? Or is there some other less-Hollywood cliche term they use and what does it mean?
My ex had his concealed carry permit and I wonder if, had we had any police show up looking for my ex, would they have considered him "armed and dangerous" because of the number of firearms in our household (which was more than 4, for scale)? Not trying to pull a strawman, but really just don't know what kind of factors are used in the decision to issue these types of "warnings" to officers when they're looking for someone.
Yup. If you have a CCW permit and get stopped for speeding, for example, cops DO treat you as armed and (potentially) dangerous.
Not that they think you plan to shoot them, but it's a safety matter.
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