Comments by "cchris874" (@cchris874) on "ABC News"
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@SpiceItUp_5150
Well, everyone fancies themselves an armchair psychologist. To me, her tears could go either way.
The overriding flaw, IMHO, with this whole trial, is it's fundamentally misguided. Negligence resulting in death should be a civil matter, as is usually the case with medical malpractice, for example, or as I like to point out, with commercial airline pilots. We in the US at least, don't jail pilots for fatal errors under stress. Only when we get to gross recklessness or criminal intent, should we bring in manslaughter or worse. Just my opinion.
Do we have that level of recklessness here? Not if we go by the standard of proof beyond a reasonable doubt. There's inherently speculation in saying she was too casual or not being as cautious as she might.
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@Westberg246
Of course I agree racism is still rampant in this country, and stereotypes abound, and the police rely on them too much. No argument from me.
"how you can forgive her lapse of reason and then condemn Wright's survival instinct "
I don't think I said that. I well understand the survival fight or flight. It's human nature.
We do see some things a bit differently, and that can make for interesting conversation. Thank you for a civil exchange.
I don't know Minnesota law except from this passage:
"A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another..."
Maybe you can help me here. It seems to be saying, even for 2nd degree, that there must be a conscious intent to take a chance. If that really is the full story, I don't see how this even came to court, as we (mostly all) agree she didn't consciously take a chance. The only thing she did consciously was intend to use a taser. Thoughts?
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@yampy1353
"Arbery didn't sprint forward to anyone. Arbery was hitted with the first shot, before he touched the barrel"
I would disagree. It's clear from the video that an instant before the first shot, we see Arbery turning left to confront Travis. Maybe not a sprint per se, but more than enough to see he's not just continuing straight ahead. Further, I distinctly remember a forensic expert at the trial saying it was absolutely possible Arbery could well have grabbed the gun right before the 1st shot. So, if the first shot was a reflex reaction to someone attacking you, that would be different than malice murder: say, 2nd degree murder or the equivalent of manslaughter (which I know is not on the books in Georgia) That to me is a significant flaw in the trial: pretending we could read Travis's state of mind at that exact moment beyond a reasonable doubt. Therefore my vote was for the less serious murder charge, so a sentence of 10-20 years. As for Bryan, he was a victim of the cruel brutality of the felony murder rule. Five years at most for him.
Of course it's hard to summon any sympathy for racist pigs. But even racist pigs deserve due process, which I really don't think they got here.
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@gabrielmichael3701
An aside: Follow up on USAir Charlotte. Interesting case in point.
"Although the jury said USAir’s negligence contributed to the crash, it ruled that the airline was not liable for claims of wrongful death. . . North Carolina law under which the case was tried has a stringent standard for punishment, said David Rapoport, one of the plaintiffs’ lawyers. . . .This jury verdict means the jury felt there was not a willful, intentional reckless disregard for safety, and I think that’s the difference,″ he said."
(Me): This is standard in commercial crashes in the US. Manslaughter isn't even mentioned despite stringent North Carolina law and the prosecutor stating "USAir was willfully and wantonly negligent, grossly negligent, and we were disappointed in that regard with the verdict. However, we are quite pleased that there has been a finding of fault,″
This to me is very analogous to the Kim Potter case. The main difference is that we don't have race cops and a climate of racial and racist denial hysteria distorting everything. But the essentials are all the same. In fact, it's even worse in the USAir crash. More negligence.
So do we want to put all these people in jail? Should a doctor who has a one time lapse and cuts the wrong artery go to prison? Is this the direction we want to go? Every last lapse is always criminal?
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@gabrielmichael3701
Yes, it all depends on the circumstances. I can see Potter being found guilty. But as I've said elswwhere, there's a field of study known as heuristics, which is decision-making when faced with a deadline. What it tends to show is that even the most highly qualified people can suffer an unconscious lapse. This is due to the very nature of short-cut thinking, which must be used when under pressure or a deadline. Because it's often at an unconscious level, these mistakes can't be detected as they happen. I've seen many examples where this may be at play.
Though I present this as tentative, this has been my overwhelming argument: it's antiquated thinking to assume even the most careful and experienced cannot fall victim to these lapses. They may be rare, but hardly beyond reasonable doubt. A very good article as regards hunting accidents is worth a read:
excerpt:
"Contrary to
what most people think, the hunters committing these accidents are often experienced and
considered to be safe and competent. Crucially, they often believe they have, 100%, correctly
identified their target.
Psychology and human factors can provide insight into how these situations might occur. When
interpreting information, we rely heavily upon mental rules of thumb called heuristics. Heuristics
operate outside of our conscious awareness and are utilised even more in stressful or emotionally charged
situations. However, they can also make us susceptible to cognitive biases which may lead
us astray—we underestimate the impact heuristics will have on our decisions. Attempts to manage
heuristics and cognitive biases are often futile because we normally cannot detect them when they
occur. Hunters are constantly told that they need to treat every sound or movement as human in an
attempt to change their mind-set. However, given the difficulty in detecting cognitive biases, it is
unlikely a hunter’s conscious management of heuristics would be consistently possible in the long
term."
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@shauntaylor9503
What about the proven link between the war on drugs and murder, the war on drugs and property crimes, in turning whole countries into war zones? If Marijuana causes psychosis and schizophrenia , that's a medical issue, not a criminal one. The point is, the criminalizing of these substances is an example of the cure being worse than the disease. If I have a joint in my pocket, and I'm an adult, and know the risk, and keep it from stinking up your property, that's really not your business. BUT, if it were left to my own selfish preferences, I would ban it because it stinks up public parks, gas stations, you name it. These users have no respect for anyone else.
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@weytogoman
I may not be quite as intune to all the details in the last few seconds as you. So I'm happy to be corrected if I left out something relevant.
Yes, indeed, I'm well aware that enhanced FBI video and Travis' own words in court prove that Travis aimed the gun at Arbery some 5-10 seconds or more out. That's armed assault with a dangerous weapon. But in itself it doesn't prove beyond reasonable doubt an intent to shoot. If it did, why didn't he pull the trigger right then and there, or during all of those seconds as Arbery approached? = reasonable doubt. Or, if you think he waited to avoid hitting Bryan, he may just wanted to continue to scare and bully Arbery, = reasonable doubt. One way or another, this is not a viable proof.
Travis changing position- this is where I concede I might be off. But my reasoning is that changing a position might be due to the belief Arbery might be armed, so he wants to get into a more defensive position. There's only so much one can tell from the video.
Arbery charges - even if you are guilty of reckless conduct and armed assault, when someone turns and charges at you, and (quite possibly) tries to grab your gun, there might also be a reflex reaction to shoot. It might be a self preservation instinct to shoot when someone tries to grab your gun, since they could grab it and shoot you.
If you want to convince me we know for a virtual certainty that Travis' shot was totally unrelated to a reflex action of self defense, please fill in any blanks I am missing.
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