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  #1  
Old 06-06-2013, 07:29 PM
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I could not watch the Video so I don‘t know if the Baby died in the Fire or not.

From what you Guys have said the Father did what he thought was best.

The Police Officer/Cop did His or Her Job and prevented the Father from also becoming a Victim.

Psychologically if the Father is better off the way it happened; had obeyed the Police Officer He would have blamed Himself for the rest of life for the Death of the Baby.

So the Father did what He though was right got tazed and now instead of blaming Himself for the death of the Baby can blame the Police. The Father now has nothing to feel guilty about.
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  #2  
Old 06-06-2013, 07:43 PM
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Originally Posted by Diesel911 View Post
So the Father did what He though was right got tazed and now instead of blaming Himself for the death of the Baby can blame the Police. The Father now has nothing to feel guilty about.
All I can say is that if the father took his rage and grief out on the cop at some time in the future, and I ended up on the jury, I'd probably not vote to convict.
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  #3  
Old 06-06-2013, 11:08 PM
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What would then happen

Quote:
Originally Posted by spdrun View Post
All I can say is that if the father took his rage and grief out on the cop at some time in the future, and I ended up on the jury, I'd probably not vote to convict.
If this happened, and the jury thereupon deadlocked, and the Judge fruitlessly ordered further deliberations, that came to nothing, a mistrial would be declared and the Jury excused. But first, the jury would be "polled" to see the number of jurors voting each way. And the Jury foreperson would have to assure the court all efforts to further deliberate would in his mind, be utterly fruitless.

Minutes later in court, with only the defendant, the defendant's lawyer and the prosecutor present, the Judge would order the matter continued for further proceedings -another date in court some weeks ahead as time permitted, "to set a new trial and or further settlement conference".

The prosecutor then goes back to his office and meets with the Supervising staff Prosecutor and they decide if it is worth the time and trial to go for a second time or just give up and dismiss the case, or try to take a plea of guilty to some lesser included and reasonably related offense, such as maybe simple assault as a misdemeanor, which carries a maximum of a year in the county Jail; and maybe 3 years on Probation;

Or start with harder bargaining, like say. 3-4 years in State Prison, BUT "Execution of (state prison) sentence suspended - commonly called ESS) WITH 3 years probation, 6-12 months in Jail with appropriate credit for time served; warrantless search condition, appropriate "stay away" orders and the rest of the usual bells and whistles, but for this one, the defendant had better report to Adult Probation regularly (maybe it's an ISU = an intensive supervision unit) and if he busts probation even ONCE, he gets a hearing, nt for the originally charged offense, but for whatever the Prosecutor charged as a violation of probation - and if found guilty after a brief hearing, --- (the DA's LOVE these hearings because the standard of proving criminal probation violation culpability is MUCH lower - just 51 to 49% - than in a regular trial, which has "beyond a reasonable doubt and to a moral certainty" about 99% or more - much tougher than a probation revocation hearing)...

If the Judge revokes probation (NO juries for these, either) he then LIFTS the suspended sentence.

Back in Jail, the defendant is told by the Sheriff's deputy to "Roll 'em Up", and it's this way to "begin serving the balance of the state Prison sentence, heretofore imposed".


YMMV in other states and jurisdictions, but that's a quick, general look at how it works in San Francisco Criminal felony court, or did till I retired from working there back in 2003.
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  #4  
Old 06-07-2013, 12:31 AM
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All I can say is that if the father took his rage and grief out on the cop at some time in the future, and I ended up on the jury, I'd probably not vote to convict.
So much for post 2 about not sure which side to listen to. Guess you made up your mind to go with being irrational.
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  #5  
Old 06-07-2013, 12:34 AM
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So much for post 2 about not sure which side to listen to. Guess you made up your mind to go with being irrational.
No: I don't blame the cop. I also wouldn't blame the guy if he found the cop and beat the living snot out of him. Crap situation all around.
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  #6  
Old 06-07-2013, 12:44 AM
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No: I don't blame the cop. I also wouldn't blame the guy if he found the cop and beat the living snot out of him. Crap situation all around.
If thru action or inaction he allowed that guy to get hurt, I can see canning the guy. In this case, he had a job to do. Sure, it stinks but if you can't do your job, don't put on the badge. He had a duty and he executed it. Same thing I tell my employees. If you want to sign up for the job, you either do the job, quit or I fire you. Unlike you, I have become less and less of a fan of vigilante "justice".
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  #7  
Old 06-07-2013, 12:40 PM
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All I can say is that if the father took his rage and grief out on the cop at some time in the future, and I ended up on the jury, I'd probably not vote to convict.
That of course would be a different issue.


This is not in response to what yo said but someone mentioned that that the Father had the right to risk is life if He wanted to.
But, then it occured to Me this morning that except in some States where you have a Terminal Medical Condition you don't have the right to Kill yourself.

And, in the States that allow the above there was years of court battles that went through.


Now running into a burning Building is not exactly Killing yourself but a person is exposed to a lot of Toxic Fumes and the heat alone can seer your Lungs and you do not even need to be in the room where the Fire is for that to happen.

When there was a Fire in My House some of the Plastic stuff melted even though it was on the other side of the House. So there was no Flames there but the hot Air melted them.
Since your Bodily Fluids are Salty and have some other Chemicals in Your Bodily Fluids would have them boil at higher than 212 degrees F.
But, certainly even a Lung Full of 300 degree Air is going to cause damage.
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Old 06-07-2013, 12:44 PM
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I think the issue in the case of a medical condition is different -- ASSISTED suicide. I.e. whether someone can help a person of sound mind and ill body kill themselves without legal repercussions.
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Old 06-07-2013, 05:18 PM
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All I can say is that if the father took his rage and grief out on the cop at some time in the future, and I ended up on the jury, I'd probably not vote to convict.
Let me see if I can work up a surprised look.

OK, here we go.

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  #10  
Old 06-07-2013, 12:30 AM
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Originally Posted by Diesel911 View Post
I could not watch the Video so I don‘t know if the Baby died in the Fire or not.

From what you Guys have said the Father did what he thought was best.

The Police Officer/Cop did His or Her Job and prevented the Father from also becoming a Victim.

Psychologically if the Father is better off the way it happened; had obeyed the Police Officer He would have blamed Himself for the rest of life for the Death of the Baby.

So the Father did what He though was right got tazed and now instead of blaming Himself for the death of the Baby can blame the Police. The Father now has nothing to feel guilty about.
What a convoluted mess. I suppose with enough mindfawks around, one can rationalize most anything.
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  #11  
Old 06-07-2013, 12:58 PM
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What a convoluted mess. I suppose with enough mindfawks around, one can rationalize most anything.
I am not sure what your point is with this comment.
Life is convoluted and things often turn to S**t and the ending is often not much better; no secret there.

And, why can't the situation be rationalzed?

In general for Myself I think People have to do what they think is right. They also have to take the responsibility for the results of what they do.
So you have the Father that is supposed to protect his Family and wanted to do that (maybe that is a Caveman thing).

You have the Police Officer who is supposed keep someone else from becoming a Victim and at the same time keep the Firemen/Women from having to risk their lives looking for 2 Victims instead of one.
Both did what the though was best.

Maybe after some of the facts of the Fire come out the Father will realize the Police Officer saved His life.
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  #12  
Old 06-07-2013, 01:11 PM
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other factors:
#father probably knows last location of child. Also knows layout of house even in dark (and has stubbed toes to prove it).
# smoke can knock you out and kill you easily.
#in a smoke filled house, you often literally cannot see your hand in front of your face. Usually you just see a dull glow from what is really a fairly bright fire through the smoke.
#it all depends on the fire, the smoke, your knowledge of the layout, and luck.

And I would always rather enter a burning structure with full bunker gear and breathing apparatus. Been there, done that.
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  #13  
Old 06-07-2013, 03:33 PM
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other factors:
#father probably knows last location of child. Also knows layout of house even in dark (and has stubbed toes to prove it).
# smoke can knock you out and kill you easily.
#in a smoke filled house, you often literally cannot see your hand in front of your face. Usually you just see a dull glow from what is really a fairly bright fire through the smoke.
#it all depends on the fire, the smoke, your knowledge of the layout, and luck.

And I would always rather enter a burning structure with full bunker gear and breathing apparatus. Been there, done that.
In general do you think the Poliece Officer did the right thing by keeping the Father out of the Building?
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  #14  
Old 06-07-2013, 05:17 PM
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And I would always rather enter a burning structure with full bunker gear and breathing apparatus. Been there, done that.
Haven't been there, haven't done that. My instinct is to run away from the burning structure and not into it. If it can be avoided, I would avoid it.
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  #15  
Old 06-07-2013, 05:18 PM
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Originally Posted by BobK View Post
other factors:
#father probably knows last location of child. Also knows layout of house even in dark (and has stubbed toes to prove it).
# smoke can knock you out and kill you easily.
#in a smoke filled house, you often literally cannot see your hand in front of your face. Usually you just see a dull glow from what is really a fairly bright fire through the smoke.
#it all depends on the fire, the smoke, your knowledge of the layout, and luck.

And I would always rather enter a burning structure with full bunker gear and breathing apparatus. Been there, done that.
You forgot "Emotionally compromised"
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