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  1. Take a look (very briefly) into the mind of a Bin Laden or his present ilk to understand this: It is not simply the power and wealth of the USA that they oppose, it's what implicitly underscores them, a nation's moral and individualist principles. Every instance of fear, hatred and temporary insanity which creates a torturer - and every other 'security measure' - is a moral victory for the savage, (and not to forget, educated and sophisticated) terrorists who fear the independent mind and its integrity, more than explicit strength. "See! We have forced those Americans into becoming ordinary, just like everyone else!"
    1 point
  2. I'm sure the arterial choke kills faster. As you said, the brain is deprived of oxygen much sooner. When you deprive the lungs of air there is still a fair amount in the bloodstream. I can personally remain conscious for at least two minutes (probably longer) with a lungful of air, but nobody lasts more than several seconds if their brain is deprived of blood. Either way, neither of these things happened, which is why I maintain that it is flat wrong to say Garner was choked to death. I've heard it reported that the coroner referenced the pressure to the neck. I didn't mean to dodge your question. I can't know if the coroner's report was a misrepresentation without access to it, which I don't have. I assume it was quoted accurately, but that people conclude things that don't follow from it. I'd like to see the report if and when it comes out to see exactly how relevant the choke hold was, but I don't think I'll get that opportunity. If it revealed that Garner's windpipe was crushed and could not reopen, that would change the matter. But such an event seems close to impossible given how clearly he can be heard after the choke hold was removed. Either way, the risks that make choke holds more dangerous than other means apparently didn't occur. Garner's brain seemingly was not deprived of blood or his lungs deprived of air, leading to cardiac arrest. It seems that it was the other way around; cardiac arrest leading to blood loss to the brain. More likely what killed him was the extra 200 some pounds on his back that compressed his chest and lungs and put stress on his heart. Either way, let's drop this talk of trying the officer for murder. Murder is intentional, and at worst what we have is a case of manslaughter... Unless you want to do the felony murder rule thing, in which case you've got several officers up for trial, every one of them culpable for murder and racketeering. But again, I don't understand how people who know nothing about the aftermath could watch that video up to the point Garner was released from the hold and conclude that he was about to die. Knowing what I know at the moment, I'd acquit the officer of a manslaughter charge. Arrest should be withheld for the most serious of offenses. Most property crimes can probably be resolved without arrest. Just let the person know he'll be tried, give him the opportunity to appear and if he doesn't then you can take restitution when he isn't near his stuff. If a person's crime (including property crime) becomes so serious that he needs to be arrested, he's already assumed all of the risk himself. If resistance is then offered, I don't think I care if choke holds are used. The state is a deadly thing; all laws come with a death threat. If you resist, your only escape is to escalate force up to the point of lethal force. The best we can do is to make sure the laws we enforce are worthy of such an escalation. This case isn't a tragedy because a criminal died; it's a tragedy because an innocent man died.
    1 point
  3. The Garner case seems much more difficult to me. Here are a few issues to consider: 1) Yes, the definition of choke. If police banned the "choke hold" what kind did they ban? Was it the tracheal choke, which crushes the windpipe and interferes with verbal communication? Or was it the carotid choke ("sleeper hold") which restricts blood flow to the brain? The offending officer didn't appear to have Garner in a tracheal choke. Thanks to anyone who provides a clarifying link. 2) Garner's health. Despite what many articles were clearly written to convey, Garner was not choked to death. He reportedly suffered heart failure in the ambulance on the way to the hospital. It was reported that one of the reasons he was not given CPR by the police was that he was still breathing while he lay there. I don't know how believable I find this, but I understand this to be the official record. 3) The felony murder rule is a tradition that holds criminal actors culpable for deaths that happen as a result of the commission serious crimes. New York has such a rule, and I think it is a sound principle. Is the use of a banned (by department standards, not statute) choke hold a serious crime? Probably not. Seeing as how Garner's death was more influenced by his poor health than by unsafe tactics, I don't think this even amounts to a manslaughter charge. I don't think a reasonable person can look at the 13 seconds Garner was in the hold and conclude, "Oh, that's likely to result in his death." 4) Moral law. Garner was being arrested for selling untaxed "loosies." A pretty sound case could be made that enforcing such a regulatory code is a moral crime similar to racketeering in severity. If you want moral laws to govern, you want these officers prosecuted by way of that felony murder rule described above. I do. But I would not feel the same way if Garner had committed a real (moral) crime. So I - tentatively - conclude that we shouldn't see these officers prosecuted. But I remain open to contrary persuasion. Edit: Isn't it a bitch that when we invoke the "rule of law" we're often protecting codified law at the expense of moral law?
    1 point
  4. I may be beating a dead horse here, but anyone who may think it a good idea to shoot the leg should try the following exercise. Go back to the autopsy sketch of Michael Brown. Realize that Darren Wilson was aiming for center mass (the chest/upper torso). Picture the center mass of the sketch as a kneecap sized circle (actual center mass is either a bit bigger or a single fixed point, but kneecap diameter will work for this exercise). Now imagine that the location of the bullet wounds are fixed relative to that circle. Now move the circle to Brown's right knee. Note that one of the bullets might now be in Brown's arm (if he were charging, that arm is actually closer to center mass and doesn't get hit). Now, move that circle to Brown's left knee. Notice that one of the bullets hit's Brown's hip. Neither of these hits results in certain incapacitation - only the kill shot that resulted from aiming center mass does. I realize that bodies in motion offer different pictures than the autopsy sketch. Brown was reported to be falling forward when he was hit on the top of the head, meaning that the killing shot was probably much closer to where Wilson was aiming than the sketch suggests. But I believe the exercise should have some value regardless.
    1 point
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