Only if the victim was gay.So not murder, but another level of homocide.
Only if the victim was gay.So not murder, but another level of homocide.
I'm not asserting either way, for me this is a gray area and the officers weren't justified, but they may not be murderers either.
Correct. Please understand, people...two transgressions were committed here. Tamir did not magically become innocent of his crime due to being shot, it is just that the response to his crime was out of proportion to his transgression. Tamir should have been subjected to due process, as was his right, but due to a (presumably faulty) judgement call on the part of the responding officer, Tamir was instead killed.The police in the TR case didn't just randomly shoot down a 12 year old playing with some toy, who did nothing wrong, who was a saint. They didn't respond to a call about a 12 year old playing with a toy. They responded to "might be a juvenile" "brandishing" a "firearm". Given that, they still reacted wrong.
it's not a fucking crime to play with a toy gunTamir did not magically become innocent of his crime
it's not a fucking crime to play with a toy gun
unless you're referring to the crime of being black in public, then bravo
Yes, and kids do stupid things like remove the tip to make them "cooler." That's why this is a tragedy. People remove safety interlocks to make machinery easier to operate, too. Some of them also die as a result.IT WAS A FUCKING TOY! KIDS PLAY WITH FUCKING TOYS!! &^%$^%#%&@^(^$!!!!!!
lolit's no crime to be black in public.
Removing the tip of a toy gun isn't a crime. Neither is having a toy gun (emphasis, TOY) in a public place like a park (private property is a different story). So you will have to excuse me, but what "crime" did Tamir commit in this scenario that would make him be prosecuted should the cop not have shot him dead?Yes, and kids do stupid things like remove the tip to make them "cooler." That's why this is a tragedy. People remove safety interlocks to make machinery easier to operate, too. Some of them also die as a result.
(I actually had to look this up, because all this time I had just been assuming the safety tip had been removed due to context. But my research confirmed it)
Also, it's no crime to be black in public. Literally billions of people do this every day.
As I've said multiple times, if you want to support children's rights to point toy weapons at adults where the toys are visually indistinguishable from deadly firearms, then you should work with your legislators and representatives because many cities and states have similar ordinances that make this illegal.Section 627.23(c):
...no person shall draw, exhibit or brandish a replica or facsimile of a firearm or simulate a firearm in a rude, angry or threatening manner, with the intent to frighten, vex, harass or annoy...
... Whoever violates [this] is guilty of brandishing a replica firearm, a misdemeanor of the first degree.
1st degree misdemeanor Ohio: Up to 6 months in jail and fines no more than $1,000.
Or if you're a white guy and do the same to your boss.So in other words, if you are a black kid, don't even make your hand into a fake gun going "pew pew!" to annoy your cousin anywhere near a police officer, because you will go to jail.
That sounds like a wonderful law.
Considering the 9-1-1 caller claimed that Tamir was pointing the gun at random people, Menacing or Aggravated menacing seem to fit the bill. Ohio's definition of firearm for the purposes of brandishing also seems very vague (but I'm not law-savyy enough to research its usage in similar cases), so maybe it could have been used as an enhancer.Removing the tip of a toy gun isn't a crime. Neither is having a toy gun (emphasis, TOY) in a public place like a park (private property is a different story). So you will have to excuse me, but what "crime" did Tamir commit in this scenario that would make him be prosecuted should the cop not have shot him dead?
2903.21 Aggravated menacing(A) No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family. In addition to any other basis for the other person's belief that the offender will cause physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family, the other person's belief may be based on words or conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs.
(B) Whoever violates this section is guilty of menacing. Except as otherwise provided in this division, menacing is a misdemeanor of the fourth degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, menacing is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.
(C) As used in this section, "organization" includes an entity that is a governmental employer
2941.145 Firearm displayed, brandished, indicated that offender possessed the firearm, or used it to facilitate offense specification.(A) No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family. In addition to any other basis for the other person's belief that the offender will cause serious physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family, the other person's belief may be based on words or conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs.
(B) Whoever violates this section is guilty of aggravated menacing. Except as otherwise provided in this division, aggravated menacing is a misdemeanor of the first degree. If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, aggravated menacing is a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.
(C) As used in this section, "organization" includes an entity that is a governmental employer.
2923.11 Weapons control definitions.(A) Imposition of a three-year mandatory prison term upon an offender under division (B)(1)(a) of section 2929.14 of the Revised Code is precluded unless the indictment, count in the indictment, or information charging the offense specifies that the offender had a firearm on or about the offender's person or under the offender's control while committing the offense and displayed the firearm, brandished the firearm, indicated that the offender possessed the firearm, or used it to facilitate the offense.
(...)
(C) The specification described in division (A) of this section may be used in a delinquent child proceeding in the manner and for the purpose described in section 2152.17 of the Revised Code.
(...)
(D) As used in this section, "firearm" has the same meaning as in section 2923.11 of the Revised Code.
(A) "Deadly weapon" means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.
(B)
(1) "Firearm" means any deadly weapon capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant. "Firearm" includes an unloaded firearm, and any firearm that is inoperable but that can readily be rendered operable.
(2) When determining whether a firearm is capable of expelling or propelling one or more projectiles by the action of an explosive or combustible propellant, the trier of fact may rely upon circumstantial evidence, including, but not limited to, the representations and actions of the individual exercising control over the firearm.
Context is key. When you make a law that covers such things as "simulated firearms" with "intent to annoy" you are painting a rather large brush. Actual threatening postures or situations are one thing, but just simulating a gun shot in any way, towards any person, leading up to 6 months in jail is a bit much for me. There is a difference between "idol threats" and "assault with intent", which is what you are doing by making the gun motion towards the boss you hate right in his face.Or if you're a white guy and do the same to your boss.
Or if you're some dude in a store arguing with the sales clerk.
Why is this this a bad law in those cases?
Well now the question is, how old is that label? The gun that Tamir Rice used didn't have any engraved warning on the hilt. When you find out your gun was used in a nation wide scandal, adding labels like this is par for the course. Even still, other guns that do the same process (Like general BB or Paint Pellet guns) are still considered, for the most part, toys, and can be used by kids of nearly any age.Airsoft guns are not toys. Says so on the label.
I think the question, as posed, is needlessly dramatic and extreme, but the root is important, and really too complex to get into without writing essentially a thesis - and many, many people have attempted to do so.Steinman why do black kids have to be completely aware and think everything they do through, while cops, who are paid to keep a cool head, can literally shoot children in a fit of panic without consequences?
the fuck?I think the question, as posed, is needlessly dramatic and extreme, but the root is important, and really too complex to get into without writing essentially a thesis - and many, many people have attempted to do so.
For my part, I believe the Clark doll studies, and more recent studies performed on 3 month old infants as to preference for race are very instructive as to how our brains are instinctually wired to categorize everything, but in particular race:
http://mobile.nytimes.com/2015/05/07/opinion/nicholas-kristof-our-biased-brains.html?referrer&_r=1
This doesn't mean that racism is simply part of being human - what it means is that this categorization was so very important in our genetically formative evolutionary development that it's essentially a first class feature, and as such unless carefully trained it will always affect our snap judgement.
The fact that young black children in the US prefer white faces simply shows that this bias is a formative part of our culture, and affects all, which speaks towards why it's so hard to get rid of.
Honestly I'm not sure we could ever get rid of it unless the races were fairly equally represented throughout the US. Right now we're at 3/4 white/caucasian, under 15% black, and less of other races.
That will never happen, though, so long as black and hispanic people continue to abort their babies five times more and two times more than white people, even after controlling for income.
It really is a game of monopoly - whoever gets the lead first, wins, and a large part of that is wired subconsciously into our brains. We can train them, but simply being around and associating with people is the only solution, and you'll find that the existing disparity is too large for this to happen naturally at any level, nevermind during a child's formative years.
That's just one small aspect of the whole thing, but I believe it's an important one because we must first recognize that racial bias is something we are built to do without thought or consideration. That doesn't make it right - we're also built to seek out and consume fat, salt, and sugar, but in our current time of abundance this is actually hurting us, even though centuries ago it was probably not only useful, but a necessary survival trait.
Then why are you asking a question about why racism is pervasive and systemic?I don't think anyone is denying that racism is pervasive and systemic in many ways.
I agree, it won't end racism, and he should probably get in trouble.Just because sending the cop to jail won't end racism doesn't mean he shouldn't get in trouble.
I'm fairly certain that if, during the commission of a crime, you even claim that you have a gun, you are charged as if you did have one, regardless of whether your gun was real, fake, fingers in your pocket, or didn't even have anything even remotely resembling a gun on your person at all at the time.For those wondering what the law says about brandishing toy or bb guns, note that in 1994 a similar situation occurred and subsequently the city made it illegal to brandish even toy guns under many conditions:
I almost expect that the fallout from this case (and others) is going to be that the orange tip is not enough ("It's too easy to defeat"), and so legislation will be introduced which mandates that the entire gun be made of/painted in orange or otherwise obviously-not-the-real-color. Of course, this, too will be easy to defeat with Sharpies, shoe polish, crayon, spray paint, or any of a bunch of other means.That is why the orange tip was even created, to designate them as "fake" or "toy" firearms.
He should most definitely get in trouble. He jumped to conclusions, and as a result, a 12yr-old is dead. Nobody who is rational is arguing this point.I don't think anyone is denying that racism is pervasive and systemic in many ways. Just because sending the cop to jail won't end racism doesn't mean he shouldn't get in trouble.
this is nonsenseAs a mental exercise, imagine what might have happened if everything else had proceeded exactly the same, but he was holding a gun-shaped stick instead of the Airsoft. The caller probably would not have panicked and called the police. The policeman would not have panicked and shot the kid. Yet Tamir would have still been black BUT not dead. Therefore, it would appear that "being black" was not the determining factor that caused him to get shot.
--Patrick
Then why are you asking a question about why racism is pervasive and systemic?
I agree, it won't end racism, and he should probably get in trouble.
While I just wrote a lot more, I see now that my longer trains of thought aren't useful to the discussion people want to have in this thread, so I'll just leave my response at that.
what you're describing literally happened in Salt Lake City earlier this yearWell, we don't hear news stories BLACK KID THREATENS PARK-GOERS WITH STICK, GETS SHOT now, do we?
--Patrick
I stand corrected.what you're describing literally happened in Salt Lake City earlier this year
http://www.cbsnews.com/news/authorities-say-broomstick-wielding-man-shot-by-salt-lake-city-police/
Probably not the best example, which is why I didn't post it.what you're describing literally happened in Salt Lake City earlier this year
http://www.cbsnews.com/news/authorities-say-broomstick-wielding-man-shot-by-salt-lake-city-police/
[DOUBLEPOST=1461877366,1461877263][/DOUBLEPOST]When the officers arrived, they found the male in the street, hitting another person with the broomstick, Hansen said. Officers tried to break up the fight, but the male with the broomstick tried to attack an officer, he said.
One or both of the police officers then shot the male, hitting him in the upper and lower torso, Hansen said.
All of this still true. I remember one kid got shot for holding a foil wrapped sub.No, but we do hear ones where black men get shot for having a phone, pulling out their wallet (as instructed by police), having a candy bar in their hand, a Wii remote, having nothing in their hands, etc...
To be fair, in this case, the man did physically attack one of the officers with the broomstick, so I have trouble thinking of him as a "victim."
That was the officers testimony. If you read a little farther...Probably not the best example, which is why I didn't post it.
Now the question is, who do you believe? Part of the reason this whole thread exists is over the fact that not every police officer is honest, but on the flip, not every bystander is either.Bystander Selam Mohammad told The Salt Lake Tribune and Deseret News that his teenage friend was shot by police.
Mohammad told the newspapers that his friend was holding the broomstick at his side when officers arrived and that police shot him as he turned around.
"He barely even turned around, then boom, boom, boom -- and he just dropped," Mohammad told the Deseret News.
Thanks, this whole issue fascinates me, but the more I learn the more I realize how little I know.I found the NYtimes article you linked up to be really interesting actually.
That's also a fair point. This situation actually HAS ambiguity.That was the officers testimony. If you read a little farther...
Now the question is, who do you believe? Part of the reason this whole thread exists is over the fact that not every police officer is honest, but on the flip, not every bystander is either.
You're not actually naive enough to think that we don't already right? It's (most of the time) a consequence of scarcity and values, but we totally do. Otherwise each and every death by something even moderately preventable would be a literal national tragedy. But it isn't, and thus most "good enough efforts" are accepted, because it's too expensive to act as if it's the be-all-end-all.Profiting off the death of another - as though you could possibly put a price on the value of life.
I think what is particularly galling is the killer himself profiting off his crime. Verdict notwithstanding, he *is* attempting to profit off his crime. And it's not the first time the dude has been too stupid to know when to keep a low profile.You're not actually naive enough to think that we don't already right? It's (most of the time) a consequence of scarcity and values, but we totally do. Otherwise each and every death by something even moderately preventable would be a literal national tragedy. But it isn't, and thus most "good enough efforts" are accepted, because it's too expensive to act as if it's the be-all-end-all.
So we totally put prices on human lives. I'm not sure what the number is these days, but I've seen everything from $25,000 to $250,000 before. And probably higher in some cases.