Justice Department likely to impose reforms on Ferguson police
Source: LA Times
Those hoping the federal government will criminally prosecute Ferguson, Mo., police Officer Darren Wilson in the killing of an unarmed black man are likely to be disappointed, but chances are strong that the Justice Department will impose significant reforms on the city's police department through its ongoing civil investigation.
St. Louis County officials announced Monday that a local grand jury had found insufficient evidence to charge Wilson in the Aug. 9 shooting of Michael Brown, 18.
Ferguson protest
Police officers face protesters in Ferguson, Mo., after the grand jury decision. (Charlie Riedel / Associated Press)
Some Ferguson activists hope that the Justice Department, which is conducting its own inquiry into the shooting, will file a federal criminal case against Wilson. But former civil rights prosecutors say the threshold for charging him with a federal crime is even higher than for local prosecutors because it requires proof that the officer intentionally used more force than reasonably necessary to deprive someone of his civil rights.
"It's a very tough thing under federal law to indict a police officer in a shooting," said William Yeomans, who supervised police investigations while serving as a top Justice Department official and currently teaches law at American University. "It doesn't happen very often."
Read more: http://www.latimes.com/nation/la-na-ferguson-feds-20141125-story.html
still_one
(92,190 posts)Last edited Fri Nov 28, 2014, 06:19 PM - Edit history (1)
With oj
monmouth4
(9,702 posts)still_one
(92,190 posts)cstanleytech
(26,291 posts)as police have some immunity to lawsuits unless they do something like violate civil rights.
still_one
(92,190 posts)cstanleytech
(26,291 posts)to trial, the family were to win and then if the police department appealed it.
I suspect what will happen if the family does sue or tries to and if it isnt tossed out right away due to immunity that the department will offer to settle it as it would probably be cheaper for them.
eggplant
(3,911 posts)cstanleytech
(26,291 posts)the officer was merely following all standard procedures and only took action to ensure his own safety, we are just going to have to wait and see what happens.
I mean heck the family could also just decide not to file a lawsuit *shrug*
Oktober
(1,488 posts)... and thus the local residents as Wilson's actions were taken during the course of his LE duties.
JDPriestly
(57,936 posts)residents is the most important thing there.
Under Holder, the Justice Department has been particularly aggressive in such investigations, opening 20 of them in the last five budget years, twice as many as under his Republican predecessors during a comparable period, according to Justice Department statistics. During the same period, it prosecuted more than 300 officers for misconduct. It has entered into formal agreements, called consent decrees, with nine departments, including New Orleans and Albuquerque.
In Ferguson and surrounding St. Louis County, they will probably be looking for evidence of excessive use of force, unreasonable searches, racial profiling in arrests or traffic stops, and other problems. The department's training and use of discipline also may be examined.
"It can go to every corner of the police department's operation," Yeomans said. Bringing a case against Ferguson should not be difficult, he added.
"We've seen there are problems and the police department's response to the protesters demonstrated some serious problems about what the police department thinks is appropriate use of force," he said. "There is a strong basis for believing that there will be systemic changes to the Ferguson Police Department."
http://www.latimes.com/nation/la-na-ferguson-feds-20141125-story.html
A trial of Wilson will not really change life that much for those who are being abused on a daily basis in Ferguson. In fact, should the verdict be not guilty for Wilson, things could get worse because the police department would feel really high and mighty.
But a federal order for Ferguson, an order requiring them to reorganize and retrain the police force and treat people fairly, especially people of color, would mean long-lasting improvements for the entire city.
This brings hope.
mainstreetonce
(4,178 posts)The governor and the prosecutor.
cstanleytech
(26,291 posts)Not unless something was to be uncovered like for example if evidence was uncovered that the DA tossed the case on purpose at the governors urging but thats about the only way such a suit will work against those two.
Most likely they will sue the police and maybe the city and or county as those are the ones they have the best shot at and even those will be difficult as the police have immunity largely from lawsuits unless you can prove a civil rights violation.
Gothmog
(145,231 posts)The city of Ferguson was being funded off of fines from minority citizens. This case has drawn attention to the Ferguson police department