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^^^^^^^^^^^^^^^^^^^^^ Wow. So Missouri is now like California? You must be watching CNN. | |||
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Mistake Not...![]() |
So I am a Washington attorney so please take this with a grain of salt, but this is, i believe, what the state needs proved: M Crim JI 16.13 Involuntary Manslaughter-Failure to Perform Legal Duty (1)The defendant is charged with the crime of involuntary manslaughter resulting from a failure to perform a legal duty. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt: (2)First, that the defendant had a legal duty to [name deceased]. The legal duty charged here is [state legal duty]. [A legal duty is one imposed by law or contract.] (3)Second, that the defendant knew of the facts that gave rise to the duty. (4)Third, that the defendant willfully neglected or refused to perform that duty and [his / her] failure to perform it was grossly negligent to human life. (5)Fourth, that the death of [name deceased] was directly caused by defendant’s failure to perform this duty, that is, that [name deceased] died as a result of [state act or omission causing death]. ___________________________________________ Life Member NRA & Washington Arms Collectors Mistake not my current state of joshing gentle peevishness for the awesome and terrible majesty of the towering seas of ire that are themselves the milquetoast shallows fringing my vast oceans of wrath. Velocitas Incursio Vis - Gandhi | |||
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safe & sound![]() |
I'm attending our board meetings, and watching those in surrounding districts. Most people have no idea what's going on in these schools. I was watching a report on this particular incident and I actually agree with what the school did in theory, although they botched it in practice. The school counselor believed that the shooter was suicidal not homicidal. When mom refused to immediately take him to a professional, the counselor believed sending him home to be alone would be a bad idea. Figuring that they could prevent him from hurting himself if he was in school the counselor elected to send him back to class. Where they made a huge mistake was not searching his belongings. Didn't matter if they were sending him home or keeping him at school. If they had enough to suspect he was going to hurt himself he should have been searched immediately. | |||
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Mistake Not...![]() |
This is taken from Here which is website for the Michigan Model jury instructions from the Michigan Supreme Court. Please bear in mind that I don't know what instructions were actually given but this is my best guess based on the situation. There are a lot of ways to Michigan list "to convict" a person of this crime. ___________________________________________ Life Member NRA & Washington Arms Collectors Mistake not my current state of joshing gentle peevishness for the awesome and terrible majesty of the towering seas of ire that are themselves the milquetoast shallows fringing my vast oceans of wrath. Velocitas Incursio Vis - Gandhi | |||
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Shall Not Be Infringed![]() |
THAT is helpful info! Is that how she was charged? If so, at least the 'charge' in this circumstance makes sense, but I'd have my doubts on how they'd prove 'Beyond a Reasonable Doubt' on the second & third elements (items 3 & 4). Just my opinion...IANAL That said, unfortunately many haven't been using Michigan Law to define Involuntary Manslaughter, and admittedly, it world seem that make it hard to find, but references to laws other than those of Michigan (including any references to US law), serve little purpose in this discussion. ____________________________________________________________ If Some is Good, and More is Better.....then Too Much, is Just Enough !! Trump 47....Make America Great Again! "May Almighty God bless the United States of America" - parabellum 7/26/20 Live Free or Die! | |||
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Sigforum K9 handler![]() |
Those are model jury instructions. At trial, the prosecution and defense both submit jury instructions that use the above as a guide. They then lodge their objections and the judge decides on the final draft of what the jury gets to see. It may follow the above, it may be way different based upon case law and the judges ruling in the particular fact pattern. Criminal law procedures are way more complicated than an opinion and an internet connection. Let’s say you and Pedropcola want Corsair dead. So, Pedropcola gives you $200 to hire a hit man. You give me the $200 to carry out the deed. Problem is, I’m not a very good shot and Corsair lives. The cops grab me and I roll on you. The cops grab you and you roll on Pedropcola. The three of us can still be charged with murder. Me for attempt, you for solitication and Pedropcola for facilitation. Manslaughter works the same way. At the end of the day, we weren’t real good criminals. ![]() | |||
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Staring back from the abyss ![]() |
If they judged him to be a threat to himself or others, the police should have been called. "Botched it" is putting it lightly. ________________________________________________________ "Great danger lies in the notion that we can reason with evil." Doug Patton. | |||
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If a psychologist deems that a person is a threat to himself or others he is legally obligated to report this to the authorities. This has been a longtime practice. No consent is required. | |||
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safe & sound![]() |
The police should be called for all sorts of reasons, but schools generally avoid doing so unless they have no other choice. Our local police department has told the parents to go ahead and file assault reports directly with the department as the schools never report them. We even had a school resource officer relieved of duty for not taking a report from a parent. The school told him not to, and he believed the school was his employer...... Many schools and districts have officers in the schools. I haven't heard if there was an officer at this particular school. Does anybody know? Were they involved? | |||
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If the parent refuses the local police will transport to the nearest psychiatric hospital. No problem. They will wait in the lobby until he is admitted or take him home if he is not deemed to be a threat. They search his person and backpack before transport. | |||
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Staring back from the abyss ![]() |
I would say that a suicide/homicide threat falls into the "no other choice" category. ________________________________________________________ "Great danger lies in the notion that we can reason with evil." Doug Patton. | |||
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Thank you Very little ![]() |
Seem to recall a thread here where it was discussed that many schools won't report these type of situations in order to reduce the total number of reports in a district, either for funding purposes or to hide the real problem numbers and make the district look better. Be interesting to know if the district has discouraged leo contact for that purpose. | |||
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^^^^^^^^^^^^ LOL Talk about dumb. Lets see that post. Of course that absolves them of paying a mulimillion dollar lawsuit. Third grade logic. | |||
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Shall Not Be Infringed![]() |
^^^Uhhh, that was a nationwide initiative on school discipline policy by the Obama administration! The specifics of the ill-conceived policy were revealed and discussed in great detail after the Parkland school shooting. Third grade logic maybe, but did happen! Here's a link, but there a LOT on info on this policy initiative: https://www.edweek.org/leaders...and-shooting/2018/03 Here's a snip from another article entitled: Trump officials cancel Obama-era policy on School Discipline
https://apnews.com/article/07c...42699f7640890677c2d2 ____________________________________________________________ If Some is Good, and More is Better.....then Too Much, is Just Enough !! Trump 47....Make America Great Again! "May Almighty God bless the United States of America" - parabellum 7/26/20 Live Free or Die! | |||
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Little ray of sunshine ![]() |
This commentator supports my point that for some, this is more about a gun ban than making parents responsible. https://www.yahoo.com/news/opi...erful-165912754.html The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
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You can make anything about guns if you want. The comments from the jurors were not about gun control. | |||
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Most definitely. There was an incident at Berkeley High School where a kid was accused of theft and fighting. Friend of mine was one of the responding officers, they get the statements from the principal and dean, then take the kid away. Find out later that this kid was a known problem, had many incidents but, school administrators & teachers tried to 'protect him from being another statistic in the criminal system'. | |||
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Nullus Anxietas![]() |
In fact: What I saw of the "news" coverage surrounding this tragedy, the trial of the mother, even from the families of the victims, surprisingly little was about guns or gun control. Most of the concerns appear to be about poor decisions by school officials and poor parenting. "America is at that awkward stage. It's too late to work within the system,,,, but too early to shoot the bastards." -- Claire Wolfe "If we let things terrify us, life will not be worth living." -- Seneca the Younger, Roman Stoic philosopher | |||
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Unflappable Enginerd![]() |
I'm pondering what a "restorative practices coordinator" actually is, IF the school actually had one. So yeah, that Obama era “disparate impact” junk might actually be in play here. __________________________________ NRA Benefactor I lost all my weapons in a boating, umm, accident. http://www.aufamily.com/forums/ | |||
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would not care to elaborate ![]() |
the school safety and mental health 'experts' let it happen | |||
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