Four Ways Darren Wilson And The Ferguson Police Could Still Be Held Accountable

[Tom Joad]

http://thinkprogress.org/justice/201...able-in-court/

Of the four, this sounds like the best option to me.

Like Don said, it would be "A Good Suit"

Even if there are no criminal charges against Wilson, the Brown family could still bring a civil suit against the officer who shot their son. Recall, for example, that O.J. Simpson was held liable for the wrongful death of two people he was accused of murdering, even though his murder trial ended in an acquittal.

To win a wrongful death suit in the state of Missouri, the Brown family would carry a much lighter legal burden than federal prosecutors would face if they charge Wilson. Missouri law permits wrongful death plaintiffs to prevail if they can prove that “a defendant’s negligence was a direct cause of the victim’s death.” This is a much lower bar to clear than the “reckless disregard” standard that is likely to apply in a federal prosecution. Additionally, while criminal prosecutors must prove their case beyond a reasonable doubt, civil plaintiffs generally must only show that a “preponderance of evidence” supports their claim. Perhaps most importantly, the Brown family can bring a suit on their own — or, most likely, with the help of an attorney — without having to go through an official gatekeeper such as a state or federal prosecutor.

read it all here

[Zeke]

There's no negligence in defending your life.

This is a non starter.

[finnbow]

There's no question that Michael Brown's family will find themselves an ambulance-chaser willing to pursue a lawsuit. Anybody can sue anybody else in civil court, but that does not guarantee an outcome.

[Tom Joad]

Originally Posted by Zeke

There's no negligence in defending your life.

This is a non starter.

Boy oh boy. Only took Zekie boy 3 minutes to jump on this one!

Thank you so much for your prompt input!

But Zekie, I'm afraid that much to your chagrin, and your buddy Wilson's, this is
not going to go away.

You won the battle, but you are going to lose this war.

[Rajoo]

This is getting more and more interesting by the day.

Now that hacker group Anonymous is into the act, it's going to be difficult to impossible to raise money for Wilson's defense through the internet. That should spell trouble for Wilson defending himself in a civil lawsuit.

[Tom Joad]

Originally Posted by BeamOn

This is getting more and more interesting by the day.

Now that hacker group Anonymous is into the act, it's going to be difficult to impossible to raise money for Wilson's defense through the internet. That should spell trouble for Wilson defending himself in a civil lawsuit.

I don't think either side will have a problem getting a legal team to represent them.

What I am wondering is how the jury will shake out.

Somehow someone managed to get a 75% white grand jury when the community involved is about 75% black.

I'm sure Wilson's side will want a repeat of that at least, but will they be able to get it in a civil case? I dunno. Then there is the possibility of a settlement with the city for an "undisclosed" amount. I hope Brown's parents don't go for that as I think this whole stinking mess needs to aired out in the light of day.

[icenine]

Wilson is still not protected from double-jeopardy is he? I mean if he said something that pointed to possible guilt, could that be used against him?

[mpholland]

He hasn't been tried, there is no double jeopardy.

[Zeke]

This thing is dead.

[donquixote99]

Originally Posted by mpholland

He hasn't been tried, there is no double jeopardy.

Yes. The grand jury was used as a fake trial court, but it doesn't count.