Comments by "Oblithian" (@Oblithian) on "Nate The Lawyer" channel.

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  5. So, while I assume your assessment under the law is likely correct, I would not be able to agree about the comparison you make for 2 reasons. 1. In your example, there is no realistic possibility of the gun being real, loaded, and with a round chambered. Where as, in this case she knew she had both a gun and a taser. The risk of drawing the wrong one was always there. Further, she has a duty to take the care needed to avoid such mistakes. 2. She intended to use potentially deadly force which is a reality with both rather than absolutely no intent to harm (or possibility of death). Granted the differences in risk of death are substantially different between a taser and pistol. Now, you have also said, that would be justified by the law in this case also. In that case merely unintentionally grabbing the wrong one is the only wrong doing and doesn't change that the more severe action is justified. I don't suspect she got a lighter sentence than the other police officer because of race. Most likely it was because of the significant contextual differences. However, if there was bias, it would be more probable that it be based on the fact she was a woman (which is supposedly a thing that happens often). I think we need to be training officers and changing procedures to better handle situations (in a way that reduces risk of mistakes and the necessity of shooting suspects). Not only for the sake of the public, suspects, and criminals, but obviously for officers as well. Even if they don't get punished, no one wants to have a situation like Al Powell.
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