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Reply #56: that is not true [View All]

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Home » Discuss » Archives » General Discussion (01/01/06 through 01/22/2007) Donate to DU
sgxnk Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Aug-09-06 01:26 PM
Response to Reply #41
56. that is not true
(that we would be arrested on the spot)

quite frequently in cases of this ilk... i've investigated many, fwiw... this is what happens

you need to distinguish between summary arrest, and arrest pending investigation handed off to prosecutors

for those claiming/inferring etc. that there will not be charges filed

nothing of the sort has been determined

the case will be investigated, handed off to the prosecuting attorneys and then THEY (as is always the case) will make the final determination as to charging or no charging. (apart from the grand jury process, but i digress, since that is another charging venue for felonies)

the point is that many are ASSUMING that no charges will be filed (nowhere in evidence)

that is not in evidence

what was said is that no charges have been filed yet

the standard procedure in cases like this, is NOT for "summary arrest"

it is for police to conduct an investigation, to hand it to the prosecutor's and then for a decision to be made. in some jurisdictions, an inquest process can be used as well to assist in charging and exploratory matters

regardless, so many people want to rush to judgment assuming a massive coverup, double standard applying to police officers etc.

absurd

lets wait for the facts to come out, not to mention that one should have at least an understanding of what TEXAS law says vis a vis neg homicides.

regardless, summary arrests are RARELY made in cases like this, and i speak as a person who has investigated scores of deaths - accidental and otherwise.

it's an investigative process.

when somebody is suspected of a violent intentional act like knifing somebody, then a summary arrest is made given PC

if there is risk of direct evidence on the person, a summary arrest is also made (like a DUI homicide) etc.

but in cases like this, that is rarely the case AT THE SCENE. an investigation is conducted first

what i find typical is the rush to judgment.
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