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Coffee Shop
Thoughts on an incident
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<blockquote data-quote="boondocks" data-source="post: 1410753" data-attributes="member: 20599"><p>Well, it's a little more subtle than that, I think. The <em>mens rea</em> is a tricky area for civil rights violations, at least under federal law. Here's some background as it applied to the Ferguson case: <a href="https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/08/19/what-would-federal-prosecutors-have-to-prove-in-the-michael-brown-shooting/?utm_term=.877b6c976dbf" target="_blank">https://www.washingtonpost.com/news/vol ... 7b6c976dbf</a>. As you can see, in such cases the prosecutor doesn't prove that a defendant P.O. was a general across-the-board "racist" but rather that s/he acted with the intent to deprive the deft of his/her civil rights. A very high burden to show--and why civil rights cases against PO's are often lost, even on facts that seem a bit...sketchy.</p></blockquote><p></p>
[QUOTE="boondocks, post: 1410753, member: 20599"] Well, it's a little more subtle than that, I think. The [i]mens rea[/i] is a tricky area for civil rights violations, at least under federal law. Here's some background as it applied to the Ferguson case: [url=https://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/08/19/what-would-federal-prosecutors-have-to-prove-in-the-michael-brown-shooting/?utm_term=.877b6c976dbf]https://www.washingtonpost.com/news/vol ... 7b6c976dbf[/url]. As you can see, in such cases the prosecutor doesn't prove that a defendant P.O. was a general across-the-board "racist" but rather that s/he acted with the intent to deprive the deft of his/her civil rights. A very high burden to show--and why civil rights cases against PO's are often lost, even on facts that seem a bit...sketchy. [/QUOTE]
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