Categories
Uncategorized

Editorial: Charging decisions in Waukesha parade hit and run case an example of the problem of over-charging

First off let me say that Darrell Brooks, the driver who allegedly ran over six people who were marching in a parade in Waukesha Wisconsin is a criminal. He has an extensive criminal record and if it is proven beyond a reasonable doubt that he was driving the SUV that plowed through parade marchers in multiple video clips then deserves to spend the rest of his life in prison. Nothing included in this editorial should be considered a defense of Brook’s alleged actions. What this article does intend to address is the problem of prosecutors bowing to public pressure to over-charge defendants, and how that can create a situation where individuals are found “not guilty”, because their actions, though heinous, don’t fit the standard of the crimes being charged.

“Brooks, 39, is charged with five counts of first-degree intentional homicide and is expected to face a sixth count after an 8-year-old boy died Tuesday. Waukesha County District Attorney Susan Opper has also said additional charges are likely,” reports Politico.

The exact language of murder statutes varies by state. The phrase “intentional homicide” generally equates to “murder in the first degree” in other states. In Wisconsin, the charge for First Degree Intentional Homicide is listed in section 940.01(a)(1) of the Wisconsin penal code which states: “whoever causes the death of another human being with intent to kill that person or another is guilty of a Class A felony.” The problem with charging Brooks with intentional homicide is there’s no way to prove that he had intent to kill the people that he ran over. In most of the video clips Brooks is driving by parade-goers, not through them, and when he encounters a marching band moving in formation, so there is no open road, he swerves his vehicle and then runs down a single row of marching band members can (as crazy as it sounds) be interpreted as a weak, spur of the moment attempt to minimize bodily harm, as the original trajectory shown in the video suggests that he would have run down two rows of marching band members. Also, proving a First degree or intentional homicide murder charge typically requires proof of “malice aforethought”, such as hiring a “hit-man”, proof of criminal conspiracy, or laying a trap for the person who is to be murdered. There does not appear to be any such evidence in the Brooks case.

The charge for First Degree Reckless homicide is listed at Section 940.02(1) of the Wisconsin penal code and states: “Whoever recklessly causes the death of another human being under circumstances which show utter disregard for human life is guilty of a Class B felony.” Criminally reckless homicide with “criminal indifference” to human life is often drafted in other states as “Murder in the second degree”. This is the charge that Brooks should be facing, His actions in driving through a parade route and mowing people down while he was (as police claimed) trying to flee a domestic violence incident clearly demonstrates a criminal disregard for human life. If police are able to establish that he absolutely was the driver of the vehicle that drove through that parade, then there is no question whatsoever of his guilt, and once the jury is sent off to deliberate they should return with a guilty verdict in a very short time.

If it is proven beyond a reasonable doubt that Darrel Brooks was driving the vehicle that drove through the parade route in Waukesha then he is a criminal who demonstrated a reckless disregard for human life, and he absolutely deserves to be sent to prison on six counts of First Degree Reckless homicide. Unfortunately, public outrage over the incident, and public pressure to apply the greatest charges possible has apparently driven the Waukesha prosecutor to over-charge, and in doing so it is entirely possible that if Brooks is able to acquire competent legal counsel, that he will be able to get a “Not guilty” verdict on the intentional homicide charges. the Waukesha case is a perfect example of why prosecutors need to avoid bowing to public pressure, and always apply charges that properly apply to a given crime.

Created by potrace 1.16, written by Peter Selinger 2001-2019

Heralds of the MAGApocalypse

7 hours ago

Ketamine Brain spending to help Picasso Face

10 hours ago

Missouri Sec of State appeals gerrymander brick to Los Supremos

19 hours ago

“Justice for HeeHaw” campaign takes dark turn, lawyer Chris P McCreme alleges harassment against cop-slain donkey’s owner

1 day ago

Enfeebled grandpa makes noises in front of cameras: Watch live

1 day ago

Orange God Emperor threatens to shut off all international trade

1 day ago

Diesel prices historic, incredible, no one’s ever seen anything like it

1 day ago

Gateway Pundit sounds the alarm on foreign propaganda bots

2 days ago

Missouri state Supreme Court tosses 2026 gerrymander

2 days ago

Crazy Maria fired for telling Trump that the Murdochs had banned coverage of his batshit election denying speech: Status News

2 days ago

WATCH LIVE: Jaydee lies to the American people in briefing room

2 days ago

Maria Bartiromo with Fox News no-mo

2 days ago

Machado speaks out against Nobel Prize owner’s oil plunder

2 days ago

Reporting on depleted ammo is treason and it’s also false anyway

2 days ago

House cancels two weeks of September session

2 days ago

Epstein bro Leon Black sues House Oversight to duck subpoena

2 days ago

Fox Newstress thinks GOP being gaslit into loser mentality

3 days ago

House GOP’s ill-advised Supreme Court cap amendment fails

3 days ago

President meets with travel execs to unlower prices: Watch live

3 days ago

Nothing stopping Trump from renaming Strait of Hormuz for himself

3 days ago

US Mint selling $1 Trump coins for $2.44 each

3 days ago

Comer too stupid to be trolling here

3 days ago

Apple Maps renames Lake Ontario before Trump minions do

4 days ago

Orange Fuhrer says Iran will be so defeated this time

4 days ago

Scalise hypes constitutional amendment to cap Supreme Court

4 days ago

Lake America approval rate at 14 percent: Reuters/Ipsos poll

4 days ago

Senescent old men talk about what’s wrong with Hollywood

5 days ago

Army Secretary Dan Driscoll quits

5 days ago

WATCH LIVE: Maybe he dies on camera finally

5 days ago

Kalshi fines, bans House GOP candidate for betting on her own bid

5 days ago

Change some of the nouns around on this Trump post

5 days ago

North Koreans don’t give a shit what Trump does

6 days ago

Maybe if they weren’t so focused on the reflecting pool…

6 days ago

More stuff goes kaboom in Iran

6 days ago

Great Leader promises state crackdown on subversive polling

6 days ago

MAGA Congresswoman admits voters’ “Trump fatigue” real

7 days ago

“There’s not really a point in passing this after the election”: House Republican staffer on bill to lower Americans’ electricity costs

1 week ago

Milo Yiannopoulos already deported to UK

1 week ago

Trump not mad at all about NYT story on his 9/11 schedule

1 week ago

Loomer takes credit for Milo Yiannopoulos’s ICE arrest

1 week ago

Astronauts wait awkwardly for inconsiderate orange asshole: Live

1 week ago

President announces sweeping new policy gesture to help famers

1 week ago

Officials fear secondary Himalayan flash flood

1 week ago

North Carolina “election integrity” bullshit iced over GOP failures

1 week ago

WATCH LIVE: Orange Fuhrer “officially” renames Lake Ontario, lol

1 week ago

Texas DOC releases fugtive ICE agent

1 week ago

Wow, 100 million illegals is big if true

1 week ago

Orange Demagogue keeping up the Abbey Gate act

1 week ago

Talarico seeks to unseal Paxton depositions

1 week ago

Trump teaches Canada a lesson with Lake Ontario renaming

1 week ago

x
x
x
x
x
x