梁警官倒霉的地方不只是一两点!绝对不是拉个工会做虎皮就能混过去的。

来源: rubikscube 2016-02-14 07:20:19 [] [博客] [旧帖] [给我悄悄话] 本文已被阅读: 次 (2485 bytes)
本文内容已被 [ rubikscube ] 在 2016-02-14 07:20:41 编辑过。如有问题,请报告版主或论坛管理删除.
回答: 梁警官是怎么被NYPD抛弃的。。。。firefly182016-02-13 22:20:22

1) The jurors had the opportunity to put themselves in Liang’s shoes when they were allowed to pull the trigger on Liang's gun for themselves. They could see that a quick flinch when surprised would be insufficient to fire the weaponIt had to have been a conscious decision, even if there was no intent to strike a person. This is the important part of the jury instruction and the charge of reckless manslaughter: the law doesn't require intent to harm a person, but rather requires that a person does conduct with a conscious disregard for a known risk (such as firing a gun into a dark hallway when you don't know who or what is there).

2) The situation Liang was in was different than other high-profiles cases where police officers took a life. The officers in the Amadou Diallo and Sean Bell cases were able to contend they were in “imminent danger.” This gave those officers the ability to tell a jury "you don't know what I saw; you cannot second guess my actions." Liang saw nothing but darkness.

3) Liang's conduct in the moments after the shooting undermined his credibility. The expression "the cover-up is always worse than the crime" applies here. Liang failed to alert 911 operators that an ambulance was required when he eventually did call; he searched the stairwell for his spent bullet but didn't notice that Gurley was dying until he came across him several floors below; Gurley's friend Melissa Butler made frantic attempts to save his life using CPR, but Liang still did not provide any aid to the dying man; his partner Officer Landau testified that Liang was more concerned with having discharged his weapon which might get him fired than whether or not Gurley was injured.

This case ends with a dead father on his way home, an officer on his way to prison, and a society still struggling to find a way to live safely. No winner. What a sad reality!

所有跟帖: 

那么多用枪\\\'误杀\\\'亲人的人, 看来都应该至少二级杀人。 -燕京十景- 给 燕京十景 发送悄悄话 (0 bytes) () 02/14/2016 postreply 08:21:19

manslaughter = kill with a conscious disregard for a known risk -rubikscube- 给 rubikscube 发送悄悄话 rubikscube 的博客首页 (1347 bytes) () 02/14/2016 postreply 08:50:18

你的枪trigger了,就是intentionally kill with a conscious disregard for -燕京十景- 给 燕京十景 发送悄悄话 (0 bytes) () 02/14/2016 postreply 12:17:15

检察官能模拟在漆黑的危险的楼道里,人处在紧张状态下,人是真的有意识,还是没有意识的紧张造成的走火吗?在安静的情况下,人开枪, -Weipan- 给 Weipan 发送悄悄话 Weipan 的博客首页 (591 bytes) () 02/14/2016 postreply 10:06:09

In criminal law, we only consider NORMAL people's behavior, -rubikscube- 给 rubikscube 发送悄悄话 rubikscube 的博客首页 (612 bytes) () 02/14/2016 postreply 10:45:47

你知道人紧张造成事故吗?案件的定性是事故与manslaughter的区别吗?你为什么就一定要给梁加上有意呢?他明显就是惊慌失措造 -Weipan- 给 Weipan 发送悄悄话 Weipan 的博客首页 (0 bytes) () 02/14/2016 postreply 11:25:15

请你不要在这敏感的case上火上浇油,对华人族群没好处。 -Nanshanke- 给 Nanshanke 发送悄悄话 Nanshanke 的博客首页 (0 bytes) () 02/14/2016 postreply 14:04:08

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