http://www.dailykos.com/story/2014/08/21/1323503/-Prosecution-of-Michael-Brown-s-killer-may-be-basically-impossible?detail=email
New Republic reporter Yishai Schwartz points out the central problem with prosecuting Ferguson police officer Darren Wilson for the Michael Brown shooting: Under Missouri law, you're pretty much allowed to shoot anyone.
[W]e expect situations of justified violence and legal killing to be the rare exception, and most people would probably imagine that policemen and citizens raising claims of justifiable homicide must meet a substantive burden of proof. But in Missouri, these justifications barely require any evidence at all. [...]Instead, as long as there is a modicum of evidence and reasonable plausibility in support of a self-defense claim, a court must accept the claim and acquit the accused. The prosecution must not only prove beyond a reasonable doubt that the defendant committed the crime, but also disprove a defendant’s claim of self-defense to the same high standard.
that law does not apply to all citizens of Ferguson, if this was reversed and Black officer on White kid, the other officers would have lynched him that night. even under their law kinda hard to prove self defense when he exited his car and pursued and shot from a distance in front of several eye witnesses they probably would ignore any way no matter how consuming.Under Missouri law, all a citizen claiming self-defense or a police officer claiming to have fired while pursuing a dangerous criminal need do is “inject the issue of justification.” In other words, he only needs to produce some evidence (his own testimony counts) supporting the claim. Once he does so, “any reasonable doubt on the issue requires a finding for the defendant.”
this is really IMO a federal case because apparently there is no case in Ferguson, MO I hope Holder goes after this tooth and nail personally over seeing progress himself. first thing that needs to be done change the venue because a fair jury and Ferguson, an oxymoron.
