Why is it that most of the time police are not guilty from manslaughter? Watch

Bioroj
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there has been many cases in which police have killed innocent people however found not guilty for it, why
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999tigger
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(Original post by Rojda10)
there has been many cases in which police have killed innocent people however found not guilty for it, why
Manslaughter would suggest they have broken the law.

Why not look up your many cases and identify where they have been found to have broken the law but not prosecuted.

All cases were there is a death I believe have to be reported to and investigated by the independent police complaints commission who decide whether there is enough evidence to refer it to the police to investigate further.
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nonotyoutoo
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(Original post by Rojda10)
there has been many cases in which police have killed innocent people however found not guilty for it, why
that's the wrong question to ask.

the right question is why other people should be found guilty for it. manslaughter isn't a real crime imo, it's more of a "well **** happens" scenario. murder is a crime. manslaughter is an accident. accidents shouldn't be criminal. ever.
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fallen_acorns
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because unless its a very serious offense, its generally better for society to let the police off. Think about what would happen if you didn't.. your going to put police in dangerous situations, where the whole time they are worrying about whether they will be the ones who end up in jail? They will be scared, timid etc.. to afraid to do anything, in case it backfires on them. That's not the sort of police force you want.

So you need to give them a bit of flexibility, so that you have a police force that is confident enough to act, and to step into risky and dangerous situations, knowing that largely the state has their back if things go accidentally wrong.

Obviously this will lead to some cases of miss-justice, but overall those will be outweighed heavily by the net positive effect this confidence has on the police force.

(BLM presents a similar problem. You now have American police who are afraid of stopping and confronting black people, and are not following their usual trained habits, because they are so scared that if the situation goes badly, they will be public enemy no.1 - on the covers of all the papers, in the news, and over-night become one of the most hated people in America... a functioning police force needs confidence that the people and state are behind it, and that is a far greater positive then the negative of the small-scale corruption that it makes easier)
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Pwyll
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(Original post by nonotyoutoo)
that's the wrong question to ask.

the right question is why other people should be found guilty for it. manslaughter isn't a real crime imo, it's more of a "well **** happens" scenario. murder is a crime. manslaughter is an accident. accidents shouldn't be criminal. ever.
Have you never heard of criminal negligence? I'd say there's a big difference between an 'accident' and recklessness or negligence. Anyway, that's involuntary manslaughter.

Voluntary manslaughter on the other hand is, to put it roughly, murder with mitigating circumstances. Nothing accidental about it.
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ruthf
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(Original post by nonotyoutoo)
that's the wrong question to ask.

the right question is why other people should be found guilty for it. manslaughter isn't a real crime imo, it's more of a "well **** happens" scenario. murder is a crime. manslaughter is an accident. accidents shouldn't be criminal. ever.
That’s not strictly true.

Firstly, take voluntary manslaughter. An offence whereby the offender has committed murder but successfully pleads diminished responsibility, loss of control or killing pursuant to a suicide pact. The court imposes a lesser sentence and convicts them of a lesser crime acknowledging their lower culpability but, without their defence, they would be charged with murder.

Then you get voluntary manslaughter. The first kind of constructive or unlawful act manslaughter. Whereby someone kills by an unlawful act but they did not have the required intent or level of harm for murder (s.18 or intent to kill). For example, if I commit any act which satisfies the test laid down in Church and there are no intervening acts or any other factors that would mean I did not cause the death or have the correct intent then I will be guilty of constructive manslaughter. I have in fact committed a crime by committing a s.47 offence for example so I would not be entirely blameless.

There is also gross negligence manslaughter which is slightly more complicated because negligence itself is a civil offence. The Adomako test must be satisfied in order for their to be a conviction which again requires ‘negligence so gross as to be considered criminal by a jury’. The case of Edwards is a case of gross negligence manslaughter whereby two parents let a 7 year old and an 8 year old girl play on a railway line and told them that they would warn them when a train was coming. Sadly they were unsuccessful and a jury found them guilty of gross negligence manslaughter. Maybe this type of manslaughter fits more closely with your perception but offenders who are convicted can’t necessarily be seen as blameless.

I hope that this gives you more information about the law. I believe it’s so important that we have an understanding of the law. Don’t mean to lecture but it is something that I am very passionate that everyone has a grasp of, not just lawyers or those who have done a law degree.
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