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Thread: Kelly Thomas

  1. #1
    PhilipTang is offline Rookie
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    Kelly Thomas

    It appears the Justice Department is trying to file civil rights charges against the two fullerton officers. If the state jury found them not guilty. How would a federal trial result in a different outcome?

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    Jks9199 is online now The Reason People Hate Cops & Causer of War
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    The law is different, the charges are different.. The most likely federal charges would be under 42 USC 1983, which is about depriving or violating someone's rights. The officers might have been found not guilty of murder or manslaughter charges -- but they could still be accused of or actually have violated the man's constitutional rights.

    Think back to the Rodney King case. The officers were acquitted on state assault charges -- but two were convicted of federal civil rights charges.
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    lewisipso's Avatar
    lewisipso is offline Injustice/Indifference/In God we trust
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    Hmmm.
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    PhilipTang is offline Rookie
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    Quote Originally Posted by Jks9199 View Post
    The law is different, the charges are different.. The most likely federal charges would be under 42 USC 1983, which is about depriving or violating someone's rights. The officers might have been found not guilty of murder or manslaughter charges -- but they could still be accused of or actually have violated the man's constitutional rights.

    Think back to the Rodney King case. The officers were acquitted on state assault charges -- but two were convicted of federal civil rights charges.
    I guess, but the federal prosecutors are still going to have a tough time trying to convince a jury to convict these men. Is there any chance that they could get their jobs back with all the uproar around this case?

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    Jks9199 is online now The Reason People Hate Cops & Causer of War
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    I haven't followed the case closely. It seems rather unlikely, even with the state level acquittals, that the cops will be getting their jobs back based on what I've read today. I don't know enough to form an opinion about their actions.

    However, it's very possible for a federal jury to convict even in the face of the state acquittal. Again, I refer you to the Rodney King case; Koon and Powell were convicted and incarcerated federally. The elements of the offense are different, even though they arise from the same incident.
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    121Traffic's Avatar
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    Quote Originally Posted by Jks9199 View Post
    I haven't followed the case closely. It seems rather unlikely, even with the state level acquittals, that the cops will be getting their jobs back based on what I've read today. I don't know enough to form an opinion about their actions.

    However, it's very possible for a federal jury to convict even in the face of the state acquittal. Again, I refer you to the Rodney King case; Koon and Powell were convicted and incarcerated federally. The elements of the offense are different, even though they arise from the same incident.
    The elements are different, as is the standard of proof. Preponderance of the evidence (I.e 50.0000000001% chance it happened) vs. beyond a reasonable doubt.
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    Jackrabbit26 is offline Master Officer
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    Does California have a process where the state can revoke an officer's law enforcement certification? If it does I'm sure someone will file a complaint. I have not followed this case either but I'm guessing major civil suits against the officers, their supervisors, the department, the city, etc., are in the works. The Feds could go after them too. We will have to see.

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    Knowing the Feds nowadays, don't be surprised if they would try and "pack" the jury. Also, remember, Federal Juries are picked from the total state population, not just the local population. e.g.., in LA County, all the members are from LA County. In a Fed Case, all the members are from the whole state.

 

 

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