(June 17, 2020 at 6:21 pm)BrianSoddingBoru4 Wrote:(June 17, 2020 at 5:33 pm)Brian37 Wrote: ^^^^^^^^^ BINGO!
Far too much of police training nationwide is to assume the worst and dominate first.
I will tell you though, any good defense lawyer will try to argue, "If he was willing to grab at my weapon, and assault me, who is to say if he got away he wouldn't take someone hostage or harm someone else?"
Doesn't wash with me regardless, but that is what his lawyer might argue. If I were a prosecutor I'd point out the 47 minutes where they were getting along before the attempted arrest. I'd also point out other cases where people resisted and still made it to jail.
A good defense lawyer would never, EVER argue that, especially in this case, because;
1. You can’t possibly defend killing someone for some act that a person might commit at some future point, and
2. Unless his partner did a runner and went for a doughnut, the likelihood of Brooks tasering cop, then walking up to take his weapon approaches nil.
Boru
Like it or not, a defense lawyer's job is to serve the client. Their job is to create, at least in legal terminology in America "reasonable doubt", to get the jury to acquit or get a lesser charge conviction. The shooting officer was charged with 11 counts. It is no given unfortunately, that a jury will convict him of the most severe charge. The defense lawyer's job is to get him off, or get him the least time.
Nobody is going to argue that Brown didn't end up dead. But I have heard this defense before reported in news.
Not saying in this case this defense will work, but I wouldn't be surprised if their defense lawyers brought it up. Jury selection matters, and all they need is one MAGA fan on that jury to at a minimum create a hung jury.