Justice Dept. Moving to Clear Ferguson Officer of Civil Rights Charges

[jakeXT]

Source: NYT

WASHINGTON — The Justice Department has begun work on a legal memo recommending no civil rights charges against a white police officer in Ferguson, Mo., who killed an unarmed black teenager in August, law enforcement officials said.

That would close the politically charged case in the shooting death of 18-year-old Michael Brown. The investigation by the F.B.I., which is complete, found no evidence to support civil rights charges against the officer, Darren Wilson, the officials said.

A broader civil rights investigation into allegations of discriminatory traffic stops and excessive force by the Ferguson Police Department remains open, however. That investigation could lead to significant changes at the department, which is overwhelmingly white despite serving a city that is mostly black.

The state authorities concluded their investigation into Mr. Brown’s death in November and similarly recommended no charges.

Read more: http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html

[Stephen Retired]

1. The fuck???

[countryjake]

2. Exactly like they did with the John T. Williams murder in Seattle...

http://seattletimes.com/html/localnews/2017233847_birk14m.html

[cstanleytech]

4. If you mean the part where it says

"Federal prosecutors faced a similarly high legal standard for proving that Birk acted willfully and with the intent to violate Williams' civil rights."
then that is probably what happened here, without the evidence to show that the officers intended to violate their rights it becomes next to impossible to secure a conviction at the federal level unless of course they rewrite the law so it says all police officers are now automatically guilty and have to prove their innocence though I doubt the scotus would agree with that.

[SoCalMusicLover]

3. People Actually Believed Holder Would Do Something?

If this surprises you, there is a bridge you might also be interested in.

The outcome of this was as certain as the non-indictment by the gj.

[branford]

6. Holder cannot change the federal law or many decades of common law jurisprudence.

A federal charge is not simply another bite at the apple when you don't like what happened in state court.

In order to bring a federal charge, no less secure a conviction, the Justice Dept. would have to meet a much higher standard of proof than at the state level, including specific intent to violate the victim's civil rights. If Wilson even unreasonably believed that he was defending himself, which some forensic evidence supports, a federal charge would, as is now evident, be impossible to prove.

No one with any knowledge of federal civil rights law really expected federal charges here unless new and damning evidence was discovered. Since the FBI was involved in the case from the beginning, it was unlikely that anything new would be discovered.

[geek tragedy]

7. From where did you graduate law school?

We'd love to hear your legal analysis of the relevant federal statute and the elements prosecutors must establish to obtain a conviction.

[DisgustipatedinCA]

16. And from where did you graduate Discussion Board Basics School?

it doesn't look like you know what you're doing. I'll clue you in. We are free to discuss a broad range of topics here without jurisprudence degrees, your protestations to the contrary completely notwithstanding.

[geek tragedy]

18. The person was claiming that the failure to indict is due to Eric Holder

being a poopyhead.

If their claim is rooted in ignorance of the law, people are free to point that out.

[SoCalMusicLover]

25. I Never Called Him A Poopyhead

But he knew very well back when he visited Ferguson, and made his bold statements, that nothing would come of this.

He just was doing what politicians do best. Telling the people what they wanted to hear. Thereby earning their praise and kudos.

If he had told the truth, that there would be an investigation, but don't expect anything to really come of it, they would have roasted him instead of making him out to be some sort of savior, who would come through even though the GJ wouldn't.

[geek tragedy]

26. And if he had "told the truth" you would have been bemoaning how he was not even attempting

to seek justice and was just taking the coward's way out.

[SoCalMusicLover]

27. Kicking The Can

He just wanted to kick the can, and get out of there with people praising him for his efforts.

No different than a politician promising something he knows there is ZERO chance of being delivered. Kind of like Obama with his promised middle class tax cuts which won't even get anywhere near the repub controlled Congress.

It's all smoke and mirrors, a dog and pony show for the plebes. Pretty soon, probably yesterday, there will be another innocent killed by police, with no repercussions. And this will fade into the ether. Except of course for the loved ones of victim, who must live with it every day of their lives, with no justice or change coming from it.

[Yo_Mama]

19. That's inappropriate IMO. The point is either valid or not valid, which is what matters here.

As a matter of fact and law, the commenter's point was valid.

Here is a WaPo blog article from the summer on the legal elements required for a federal civil rights violation to be proved:
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/08/19/what-would-federal-prosecutors-have-to-prove-in-the-michael-brown-shooting/

The tricky thing in a federal civil rights prosecution is proving mens rea — that is, the defendant’s state of mind. As the jury instructions above make clear, federal prosecutors would have to establish that the police officer acted “willfully” — i.e., with a “bad purpose or evil motive.” And because mens rea is an element of the offense, prosecutors would have to prove that state of mind beyond a reasonable doubt.

In some of the discussions of the case that I have seen, this critical point has been overlooked. Some commentators have assumed that the officer could be charged federally if he was negligent or reckless in assessing the need to use deadly force. For a federal civil rights prosecution, that is untrue. A federal civil rights prosecution in the Brown shooting will only be successful if the defendant acted with specific intent to deprive Brown of his rights.

It doesn't appear as if DOJ has the option to bring a case, so blaming Holder is off the wall.

[Ino]

5. Why do they even bother?

Cops are never held responsible. Who do they think they are fooling with these farcical "investigations"?

[blkmusclmachine]

20. X 1000

[mountain grammy]

8. I honestly believe if I lost a child or husband this way and no one was ever held accountable.

I would lose my mind.

[cstanleytech]

10. This doesnt have a damn thing to do with Democracy being alive or dead. nt

[NoJusticeNoPeace]

11. Regardless of why this is , I am worried about a SC who have gutted voting rights and now

to eliminate fair housing.

If given the chance, they will eliminate any chance that civil rights charges can exist, at all.

If given the chance or a republican president to appoint more of these brain-dead assholes

[blkmusclmachine]

21. X 1000

[Glengoolie]

24. It is an intentionally high standard to reach...

Significantly higher than the state/local requirements...

It is not supposed to act as a second shot at a conviction when the desired result isn't produced the first time.

[Lurks Often]

12. I'm only surprised they didn't wait for a Friday afternoon to make the statement

I am not surprised that they declined to press charges

[cstanleytech]

15. I wasnt surprised either as proving civil rights violations is from what I have read

a very difficult thing to prove in court which is why such charges are rarely brought in the majority of cases.

[Ykcutnek]

14. We need more leaders who see the benefits of sacrificial lambs. nt

[cigsandcoffee]

17. What are the benefits of sacrificial lambs? n/t

[blackspade]

22. Crap.

[heaven05]

23. figures,no surprise, no shock

Last edited Thu Jan 22, 2015, 08:58 AM - Edit history (1)

after Trayvon and many more, I just shake my head and hope the murderers receive something of what they gave out one day, one place, one time. Fuck justice in america when it comes to people of color. There never has been justice, fairness or balance when it comes to POC, none. This justice system and the rest of the institutions that make america what it is, was designed to, by and large, provide benefit and protect the privilege of the a certain segment of american society. The POC can really only expect life to be a crap shoot when it comes to hopes of receiving fairness and balance in our justice system and it was designed and intended to be just what it is for POC, nothing to count on or expect benefit from.