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

New York Post reports Trump to completely defeat Tren de Aragua gang but then the daydream ended and a cold reality sank in

4 hours ago

MAGA Senators still fine-tuning Hegseth defenses

9 hours ago

NASA developing phone-sized aquatic probes to explore Europa

10 hours ago

Venezuelan forces lay siege to Argentinian embassy in Caracas

21 hours ago

Fox News reports wokeness ruining country music industry

1 day ago

Philippines Vice President Sara Duterte says she’s ordered assassin to kill President Ferdinand Marcos immediately if/when she is killed

1 day ago

Random thoughts Friday, Volume CCI

2 days ago

Hungarian Nazi enthusiast named to National Security post

2 days ago

We’re gonna miss him when he’s gone

2 days ago

Hedge fund manager going to play with a lot more people’s money

2 days ago

Maine Republican declared winner of election for state seat by one vote after being arrested for choking wife in October

2 days ago

Canadian Clustertruck captain convicted

2 days ago

Top German conservative activist dies at 96

2 days ago

Guy who can’t get webcasts to work interested in buying MSNBC

2 days ago

Texas Supreme Court gets Ken Paxton out of a jam

2 days ago

Matt Gaetz says he won’t be back in Congress on January 3rd

2 days ago

Judge Merchan indefinitely postpones Trump sentencing

2 days ago

Mike Rogers not under consideration for FBI chief: Trump minion

2 days ago

MAGA Land urges children to sacrifice new toys for America First

2 days ago

Tucker says he told Johnson to “check with Putin” on Ukraine aid

2 days ago

Team Orange “blindsided” by Hegseth rape accusation

2 days ago

Convicted California pedophile faces 740 years to life in prison

3 days ago

New York man actually laser eye-memes fucking Kevin McCarthy

3 days ago

“He was doing very well but, at the same time, did not want to be a distraction for the Administration”: Trump on Gaetz withdrawal

3 days ago

Matt Gaetz pulls out before things got even more messy

3 days ago

Republicans don’t actually know how mass deportation will work

3 days ago

MAGA propagandists put on nominee defense duty

3 days ago

Barrasso comes out in support of Pete Hegseth

3 days ago

Allegation: Hegseth drugged, sexually assaulted woman

3 days ago

ICC issues arrest warrant for Netanyahu

3 days ago

Bobby Jr agreed that Trump fans are “Nazis” back in 2016

4 days ago

Florida man arrested for planning to bomb Wall Street

4 days ago

Out of control inflation: banana sells for $5 million

4 days ago

House Republicans lining up to sink Gaetz nomination

4 days ago

Not The Onion: Alex Jones sues Sandy Hook families, The Onion

4 days ago

Capitol rioter convicted of plotting to murder FBI agents

4 days ago

House Ethics fails to agree to release Gaetz investigation report

4 days ago

Elon Musk got a lot done today

4 days ago

Orange Pharaoh rages over pushback to his shitty picks

4 days ago

Laken Riley’s killer convicted

4 days ago

Bald asshole former acting AG gets NATO ambassador nod

4 days ago

Grindr user “SenatorPartySlut1776” complies with blackmail terms

4 days ago

Freeman and Moss ask judge to hold Rudy in contempt

4 days ago

Jaydee stuck trying to sell Senate GOP on Gaetz

4 days ago

Surprise! Bobby Jr bought into “plandemic” shit in 2020

4 days ago

Walmart CFO says they’re getting ready to jack up prices

5 days ago

US Embassy in Kyiv shuts down over anticipated Russian attack

5 days ago

AG-designate Gaetz helped pay $10K in tuition for two underprivileged sex workers, Committee investigation found

5 days ago

Wrestling executive to head US Education Department

5 days ago

Guy accused of battery who cheated on wife once wrote of one’s “moral responsibility” while at Ivy League. (No, the other guy)

5 days ago

x
x
x
x
x
x