The truth about deadly force encounters

[PieterCoetzee]

Nope. Not the same thing. A preliminary hearing is a probable cause hearing, filed by the Defendant.

Even if a judge doesn't find sufficient probable cause and tosses the felony case at that point, it can still be indicted.

I think were dancing around the same tune. When a suspect is arrested for a felony, (in Maryland), he is taken to a Court Commissioner for a Bail Hearing. At that time he is given the opportunity to request a Preliminary Hearing (if he isnt sure at that time, I believe he has 3 (?) days to request it). In my experience most did not request a Preliminary hearing at the Bail Hearing

After the Bail Hearing (IF the defendant did not Bail out), there is a Bail review in front of a judge on the next court day. I never attended a Bail Review; but I suspect the judge also advises the defendant about his right to a Preliminary Hearing (?)

How the DA handles the charges after the Bail Review, is I suppose dependent on the the strength of the probable cause and any political issues (murder, rape, grand theft, etc). As I said previously I was summoned to many more Grand Juries then Prelims.

Yes Grand Juries are typically predisposed to see the states side, since thats the view of the case presented to them and a more colourful description of the events could be presented without anyone to object. I once described the location as the kind of place where a discarded toilet has been sitting on the front lawn for 6 months....It was true but I wouldnt have gotten that out with a defense attorney present.

Ultimately the system is designed to get defendants to plead out cases with the weight of the state leveraged against them. I very much tried to keep that in mind when policing OTOH there did seem to be a large group of buttheads too stupid to plan a good crime. We always said, if they were smart we probably wouldnt catch them

 

[BruceMc]

Appears we're picking nits.

 

[Captain O]

Rights require protection, but stupid is as stupid does.

 

[Retired Bum]

Appears we're picking nits.

Sir, that's all some folks have to pick.

 

[ECS686]

It may be a Maryland only thing, Im not sure.

Going back to my Army days as I recall all felonies got an Article 32, which is essentially a preliminary hearing

Here a Grand Jury is usually only done if it’s a super serious high profile case, or there’s somewhat of a conflict bur not enough of one for a special prosecutor which usually means a Grand Jury about half the time in those cases. That said I have never ever heard of the defendant/person investigated getting a choice here.

 

[southtex]

Respectfully I believe the internet will misunderstand this as go faster.

The bigger issue is identifying what or who needs shot and when. And the beginning video clips of the good guy aimed in is the failuer point. If you are aimed in uiu can not properly asses your target or movements. Where at the low ready uiu see everythjng and any of his movements and can raise up and make hits (Force Science did a whole study and the ones at low ready made proper shoot/bo shoot decisions 100% of the time where people aimed in misidentified and shot when it was at appropriate over 55% because they couldn’t accurately see. And as far as “speed” there was no discerning difference in if the BG was quick enough to shoot you at low ready he’d be able to get a round off when the good guy is aimed in

There’s a formwr deputy in Florida charged with Murder because he shot a homeowner holding a gun down at his side because well “go faster” is the order of the day

Trial date set for ex-Okaloosa deputy charged in Roger Fortson shooting death

OKALOOSA COUNTY, Fla. -- A trial date is set for the former okaloosa county deputy - charged in the shooting death of a senior airman in fort walton beacheddie

weartv.com

In previous training I experienced the BG won almost every time. The fact the BGs know when they are going to act put the Officer at a disadvantage. The daily double was winning when in the role as the BG then winning when the Officer.

 

[Captain O]

So many stupid criminals. It is sad that many are wearing a uniform which should be respected. That's a bloody shame.

 

[PieterCoetzee]

In previous training I experienced the BG won almost every time. The fact the BGs know when they are going to act put the Officer at a disadvantage. The daily double was winning when in the role as the BG then winning when the Officer.

Sure its a ACTION vs RE-ACTION thing so I think you have to do something to change that. Stay on the move or be ready to burst to the side or even towards him. I once tossed my car keys at a "BG" in a training scenario. Of course that pissed off the instructor who set up the scenario to make you fail BUT the other students agreed with the "Do SOMETHING" principle