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Freddie Gray dies a week after being injured during arrest

Driving without your seat belt on is high risk, but only if you are in an accident. The intent of a rough ride is to injure the person in custody. It would appear they did hurt him in custody during a rough ride. That the injury led to death wasn't intended, but jebus... they intended to hurt him and they did and it directly led to his death.
I am not saying that's ok. I am saying I have seen no evidence backing up the 2nd degree murder charge. I am saying it's not comparable to shooting somebody or playing Russian Roulette, two examples of case law provided here to illustrate the "depraved heart" doctrine.
 
You really need to look this stuff up. As in the actual law and interpretation. We've been over it several times.
The law itself doesn't define "depraved heart". The case law provided so far is not comparable to this case at all.

I am not appealing to "mystery evidence". The truth is we do not know what exactly the prosecution's evidence is. The presumption that she is incompetent is mere speculation.
My speculation is that she is politically motivated and ambitious, not that she is incompetent. I do not think Mike Nifong was incompetent either, just utterly unscrupulous and lacking any ethics and desperate to get elected in his majority black district. Take her using of the protest chant "no justice no peace" as part of her speech announcing the charges. Take her taking the spotlight at the Prince concert.
And you are assuming she has some evidence up her sleeve that has not been reported or disclosed. I.e. mystery evidence.
 
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given the number of settlements paid out from this city alone to people with injuries as severe as paralysis from exactly this action, I think it's pretty clear that it is extreme.

More people are paralyzed in the back of a Baltimore Police van than.... (fill in the blank)

Over 35 years, given that one of the cases is from 1980! A few cases over such a long time does not "extreme risk" make, certainly not when comparing it to risk from getting shot. So that does nothing to establish a 2nd degree charge, not judging from the case law presented so far.

What it does support is that Mosby should be going after the higher echelons of Baltimore police, including the commissioner, since giving arrestees rough rides seems like a systemic problem in the Baltimore PD.
 
Driving without your seat belt on is high risk, but only if you are in an accident. The intent of a rough ride is to injure the person in custody. It would appear they did hurt him in custody during a rough ride. That the injury led to death wasn't intended, but jebus... they intended to hurt him and they did and it directly led to his death.
I am not saying that's ok.
Well that is good.
I am saying I have seen no evidence backing up the 2nd degree murder charge.
Other than the intent to injure? You are aware that it is pretty well demonstrated that driving in a vehicle without a restraint can be dangerous, especially if the driver is attempting to injure someone in the vehicle?
I am saying it's not comparable to shooting somebody or playing Russian Roulette, two examples of case law provided here to illustrate the "depraved heart" doctrine.
Russian Roulette is about chance. So is a rough ride. People have been paralyzed in the past, and you are taking a great chance bouncing someone in the back of a van. Do it enough times and someone will die.
 
The law itself doesn't define "depraved heart". The case law provided so far is not comparable to this case at all.
Yes, the law does not define it. I am sorry that I will not be researching and providing more cases for you, you'll just have to live with your dissatisfaction with the Maryland judicial system.

I am not appealing to "mystery evidence". The truth is we do not know what exactly the prosecution's evidence is. The presumption that she is incompetent is mere speculation.
My speculation is that she is politically motivated and ambitious. Take her using of the protest chant "no justice no peace" as part of her speech announcing the charges. Take her taking the spotlight at the Prince concert.
And you are assuming she has some evidence up her sleeve that has not been reported or disclosed. I.e. mystery evidence.

I am not assuming anything specific and said so several times in my posts. She has stated that her office will not release anything else before trial. Her narrative is that Freddie died by the actions of the police officers. Most of what we know is not from the investigations but people who witnessed the arrest and shackling. Very few specifics have been released. It is safe to assume that she does have more evidence since the facts we have are scant. The coroner declared it a homicide, the police investigation says it isn't but won't say what they conclude it is. (They've also claimed to have interviewed the other occupant of the van and reported Freddie was injuring himself although the other occupant (a) claims never to have been interviewed by the police and (b) there is no known recording of such an interview. -- which begs the questions of (1) attempted cover up by the police or (2) the failure to have recording equipment when detaining an interviewing prisoners in the 21st century. But I digress.)

ETA:
Mike Nifong
Why did you bring this person up? Is this like some fetish of yours? What's next rants against Al Sharpton?
 
From the transcript
Prof. Harris said:
Recklessness is defined in the criminal law as taking a risk you are aware of that could result in injury or death. And when we say it's a bad risk, a criminal risk, that comes to manslaughter, when we says it's an extreme risk, then it comes to depraved heart murder. And this gets used from time to time. The depraved heart language is old common law language.
So the question is, does giving somebody a "rough ride" constitute "bad risk" or "extreme risk"? I would say the former, which means it's not 2nd degree murder.
Depends on when the injury occurred and whether they could have prevented a death sentence on the man by seeking treatment earlier, if such an option was available, instead of continuing to bash him around.
 
So the question is, does giving somebody a "rough ride" constitute "bad risk" or "extreme risk"? I would say the former, which means it's not 2nd degree murder.

given the number of settlements paid out from this city alone to people with injuries as severe as paralysis from exactly this action, I think it's pretty clear that it is extreme.

More people are paralyzed in the back of a Baltimore Police van than.... (fill in the blank)

It definitely would be interesting to get a list of the activities that have been used in second degree murder deadly heart cases. Gun shots have been one. What others?
 
Why did you bring this person up? Is this like some fetish of yours?
Nifong is the Pt-Ir kilogram prototype of dishonest prosecutors. The standard by which they are all measured. Right now Mosby weighs in at about 50 milli-nifongs but that can change...
What's next rants against Al Sharpton?
Good point. A sharpton is the SI unit of race hucksterism.
 
Nifong is the Pt-Ir kilogram prototype of dishonest prosecutors. The standard by which they are all measured. Right now Mosby weighs in at about 50 milli-nifongs but that can change...
The minor difference between the two cases is that we know a man is dead and that he was undead before being in police custody.
 
Over 35 years, given that one of the cases is from 1980! A few cases over such a long time does not "extreme risk" make, certainly not when comparing it to risk from getting shot.
The relevant risk comparison would be in riding in a van.
So that does nothing to establish a 2nd degree charge, not judging from the case law presented so far.
Would you remind us of your training and experience in the law?
 
The relevant risk comparison would be in riding in a van.
No, you want to compare "rough ride" with case law for "depraved heart" 2nd degree murder. The case law presented here involves shootings, hence the comparison.

Would you remind us of your training and experience in the law?
Sufficient to know the difference between shooting somebody with a gun and giving them a rough ride.
 
The minor difference between the two cases is that we know a man is dead and that he was undead before being in police custody.

Freddie Grey was undead? That changes everything! The six deserve a medal for stopping the fucking zombie apocalypse!
 
No, you want to compare "rough ride" with case law for "depraved heart" 2nd degree murder. The case law presented here involves shootings, hence the comparison.
Nope.

Sufficient to know the difference between shooting somebody with a gun and giving them a rough ride.
There is no evidence of that sufficiency. One would reasonably conclude that you have no training or actual experience in the law.
 
You are factually incorrect.
Then use facts to prove it.

Again, I know enough to recognize that the case law so far presented doesn't really apply here.
There is insufficient evidence to support your claim about your knowledge. Why not be honest and admit that your opinions are not the result of any training or experience in the law?
 
I freely admit that I am incapable of proving anything to you.
I think you do yourself a disservice. Over time, you have proved quite a bit to me.
Hercules himself would despair over a task so futile!
Even Hercules would have a fact to buttress a claim to show that something was not factual. Hell, most 8 year olds would.
 
As an aside. Is it good practice for the prosecution to go after a controversial case law just to get a few more years in prison?
 
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