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

Canadian outlet omits origin of smoke

3 hours ago

President flexes level of commitment to lowering costs for voters

9 hours ago

US hits Iranian bridge, seaport tower

11 hours ago

Orange Fuhrer declares war on free and fair elections: Live

22 hours ago

Jaydee cancels helicopter flight to son’s golf practice

23 hours ago

WATCH LIVE: Karoline returns from her birthing lair

1 day ago

White House teleprompter guy made $100,000 on Kalshi bets

1 day ago

Wealthy Russians moving assets to overseas seizure shelters

1 day ago

WATCH LIVE: Old Man Trump spins some yarns in Pennsylvania

2 days ago

TOTAL WITCH HUNT! SOCIALIST NAZI COMMIE FASCISM!

2 days ago

Key 2024 swing state voters belatedly realize they fucked up: poll

2 days ago

Deeply amoral Trump lawyer faces Senate hearing: Live video

2 days ago

South central Texas under severe flood threat

2 days ago

Trump orders ICE to go back to killing people

2 days ago

New York City woman deeply offended by anti-Red State agitprop

3 days ago

Chipmunk semen and mercury missing from CDC parasite alert

3 days ago

DHS suspends ICE vehicle stops

3 days ago

Iraqi Prime Minister trapped with gramps: Live video

3 days ago

TACO Tuesday, now with spicy Hormuz sauce!

3 days ago

EJ Carroll collects $5.6 million judgment from Trump

3 days ago

WATCH LIVE: Kagan and Barrett testify to House hearing

3 days ago

Warren Buffett cuts off Bill Gates after Epstein email drop

3 days ago

“People tried to talk him out of it”

3 days ago

Grandpa sundowning again: Live video

4 days ago

Darlene Graham Nordone to serve out rest of brother’s term

4 days ago

WATCH LIVE: White House promotes some scam motor race

4 days ago

Judge nukes Trump IRS settlement

4 days ago

Orange Fuhrer “imposes” 20 percent toll for Hormuz traffic

4 days ago

ICE guns down another person in Maine

4 days ago

Lindsey fondly remembered for badly losing 2016 GOP primary

4 days ago

British counterterrorism cops probing fascist former MP’s murder

4 days ago

Fox News reports Trump revenue streams under Iranian attack

4 days ago

Regime “task force” to release docs on “election integrity”

5 days ago

Massive wildfire erupts outside Paris

5 days ago

Trump already using Lindsey’s death for SAVE Act: Live Updates

5 days ago

Lindsey Graham has died

6 days ago

Strait of Hormuz unopened for business

6 days ago

Wasn’t all the “negative news” supposed to be awesome?

6 days ago

Ayatollah vows revenge against Trump

6 days ago

“PRAISE BE TO ALLAH”

7 days ago

Even millionaires are struggling with grocery prices

1 week ago

Kristi 💔 Byron

1 week ago

Newsmax viewers’ expectations calibrated inappropriately

1 week ago

Orange Toddler again refuses to sign bipartisan housing bill

1 week ago

House to vote on permanent Daylight Saving Time next week

1 week ago

“Midterms are still beyond Trump’s focus zone”

1 week ago

Reflecting Pool terrorist pleads not guilty

1 week ago

McCarthy can’t think of any Republicans similar to Platner

1 week ago

Palm Beach International now officially Donald J Trump Airport

1 week ago

Trump looks past partisan divides, sees in Graham Platner a fellow human being credibly accused of sexual violence against women

1 week ago

x
x
x
x
x
x