Department of Justice Report Regarding the Criminal Investigation into the Shooting Death of Michael Brown by Ferguson, Missouri Police Officer Darren Wilson: Summary of the Evidence, Use of Force

Nonfiction, Social & Cultural Studies, Political Science, Politics, Law Enforcement
Cover of the book Department of Justice Report Regarding the Criminal Investigation into the Shooting Death of Michael Brown by Ferguson, Missouri Police Officer Darren Wilson: Summary of the Evidence, Use of Force by Progressive Management, Progressive Management
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Progressive Management ISBN: 9781310251504
Publisher: Progressive Management Publication: March 4, 2015
Imprint: Smashwords Edition Language: English
Author: Progressive Management
ISBN: 9781310251504
Publisher: Progressive Management
Publication: March 4, 2015
Imprint: Smashwords Edition
Language: English

At approximately noon on Saturday, August 9, 2014, Officer Darren Wilson of the Ferguson Police Department ("FPD") shot and killed Michael Brown, an unarmed 18-year-old. The Criminal Section of the Department of Justice Civil Rights Division, the United States Attorney's Office for the Eastern District of Missouri, and the Federal Bureau of Investigation ("FBI") (collectively, "The Department") subsequently opened a criminal investigation into whether the shooting violated federal law. The Department has determined that the evidence does not support charging a violation of federal law. This memorandum details the Department's investigation, findings, and conclusions. Part I provides an introduction and overview. Part II summarizes the federal investigation and the evidence uncovered during the course of the investigation, and discusses the applicable federal criminal civil rights law and standards of federal prosecution. Part III provides a more in-depth summary of the evidence. Finally, Part IV provides a detailed legal analysis of the evidence and explains why the evidence does not support an indictment of Darren Wilson.

Based on this investigation, the Department has concluded that Darren Wilson's actions do not constitute prosecutable violations under the applicable federal criminal civil rights statute, 18 U.S.C. § 242, which prohibits uses of deadly force that are "objectively unreasonable," as defined by the United States Supreme Court. The evidence, when viewed as a whole, does not support the conclusion that Wilson's uses of deadly force were "objectively unreasonable" under the Supreme Court's definition. Accordingly, under the governing federal law and relevant standards set forth in the USAM, it is not appropriate to present this matter to a federal grand jury for indictment, and it should therefore be closed without prosecution.

I. Introduction * II. Summary of the Evidence, Investigation, and Applicable Law * A. Summary of the Evidence * B. Initial Law Enforcement Investigation * C. Legal Summary * 1. The Law Governing Uses of Deadly Force by a Law Enforcement Officer * i. The Shootings Were Not Objectively Unreasonable Uses of Force Under 18 U.S.C. § 242 * ii. Wilson Did Not Willfully Violate Brown's Constitutional Right to Be Free from Unreasonable Force * III. Summary of the Evidence * A. Darren Wilson's Account * B. Physical and Forensic Evidence * 1. Crime Scene * 2. Autopsy Findings * 3. DNA Analysis * 4. Dispatch Recordings * 5. Ballistics * i. Wilson's Firearm and Projectiles Fired * ii. Projectile Recovered from SUV * iii. Gunshot Residue on Brown's Shirt * 6. Fingerprints * 7. Audio Recording of Shots Fired * 8. Wilson's Medical Records * 9. Brown's Toxicology * 10. Ferguson Market Surveillance Video * C. Witness Accounts * 1. Witnesses Materially Consistent with Prior Statements, Physical Evidence, and Other Witnesses and Therefore, Give Credible Accounts * i. Witnesses Materially Consistent with Prior Statements, Physical Evidence, and Other Witnesses Who Corroborate That Wilson Acted in Self-Defense * ii. Witnesses Consistent with Prior Statements, Physical Evidence, and Other Witnesses Who Inculpate Wilson * 2. Witnesses Who Neither Inculpate Nor Fully Corroborate Wilson * 3. Witnesses Whose Accounts Do Not Support a Prosecution Due to Materially Inconsistent Prior Statements, or Inconsistencies With the Physical and Forensic Evidence * IV. Legal Analysis * A. Legal Standard * B. Uses of Force * 1. Shooting at the SUV * 2. Wilson's Subsequent Pursuit of Brown and Shots Allegedly Fired as Brown was Moving Away * 3. Shots Fired After Brown Turned to Face Wilson * C. Willfulness * VI. Conclusion

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

At approximately noon on Saturday, August 9, 2014, Officer Darren Wilson of the Ferguson Police Department ("FPD") shot and killed Michael Brown, an unarmed 18-year-old. The Criminal Section of the Department of Justice Civil Rights Division, the United States Attorney's Office for the Eastern District of Missouri, and the Federal Bureau of Investigation ("FBI") (collectively, "The Department") subsequently opened a criminal investigation into whether the shooting violated federal law. The Department has determined that the evidence does not support charging a violation of federal law. This memorandum details the Department's investigation, findings, and conclusions. Part I provides an introduction and overview. Part II summarizes the federal investigation and the evidence uncovered during the course of the investigation, and discusses the applicable federal criminal civil rights law and standards of federal prosecution. Part III provides a more in-depth summary of the evidence. Finally, Part IV provides a detailed legal analysis of the evidence and explains why the evidence does not support an indictment of Darren Wilson.

Based on this investigation, the Department has concluded that Darren Wilson's actions do not constitute prosecutable violations under the applicable federal criminal civil rights statute, 18 U.S.C. § 242, which prohibits uses of deadly force that are "objectively unreasonable," as defined by the United States Supreme Court. The evidence, when viewed as a whole, does not support the conclusion that Wilson's uses of deadly force were "objectively unreasonable" under the Supreme Court's definition. Accordingly, under the governing federal law and relevant standards set forth in the USAM, it is not appropriate to present this matter to a federal grand jury for indictment, and it should therefore be closed without prosecution.

I. Introduction * II. Summary of the Evidence, Investigation, and Applicable Law * A. Summary of the Evidence * B. Initial Law Enforcement Investigation * C. Legal Summary * 1. The Law Governing Uses of Deadly Force by a Law Enforcement Officer * i. The Shootings Were Not Objectively Unreasonable Uses of Force Under 18 U.S.C. § 242 * ii. Wilson Did Not Willfully Violate Brown's Constitutional Right to Be Free from Unreasonable Force * III. Summary of the Evidence * A. Darren Wilson's Account * B. Physical and Forensic Evidence * 1. Crime Scene * 2. Autopsy Findings * 3. DNA Analysis * 4. Dispatch Recordings * 5. Ballistics * i. Wilson's Firearm and Projectiles Fired * ii. Projectile Recovered from SUV * iii. Gunshot Residue on Brown's Shirt * 6. Fingerprints * 7. Audio Recording of Shots Fired * 8. Wilson's Medical Records * 9. Brown's Toxicology * 10. Ferguson Market Surveillance Video * C. Witness Accounts * 1. Witnesses Materially Consistent with Prior Statements, Physical Evidence, and Other Witnesses and Therefore, Give Credible Accounts * i. Witnesses Materially Consistent with Prior Statements, Physical Evidence, and Other Witnesses Who Corroborate That Wilson Acted in Self-Defense * ii. Witnesses Consistent with Prior Statements, Physical Evidence, and Other Witnesses Who Inculpate Wilson * 2. Witnesses Who Neither Inculpate Nor Fully Corroborate Wilson * 3. Witnesses Whose Accounts Do Not Support a Prosecution Due to Materially Inconsistent Prior Statements, or Inconsistencies With the Physical and Forensic Evidence * IV. Legal Analysis * A. Legal Standard * B. Uses of Force * 1. Shooting at the SUV * 2. Wilson's Subsequent Pursuit of Brown and Shots Allegedly Fired as Brown was Moving Away * 3. Shots Fired After Brown Turned to Face Wilson * C. Willfulness * VI. Conclusion

More books from Progressive Management

Cover of the book 21st Century Peacekeeping and Stability Operations Institute (PKSOI) Papers - The American Military Advisor: Dealing With Senior Foreign Officials in the Islamic World by Progressive Management
Cover of the book Apollo and America's Moon Landing Program - Oral Histories of Managers, Engineers, and Workers (Set 4) - including Kohrs, Eugene Kranz, Seymour Liebergot, Robert McCall, Dale Myers, John O'Neill by Progressive Management
Cover of the book Human Adaptation to Space Flight: The Role of Nutrition - Conducting Research on the ISS Space Station, Energy Metabolism, Muscle, Protein, Bone and Cardiovascular Health, Eyes and Ophthalmic Changes by Progressive Management
Cover of the book 2011 Tsunami Sourcebook: Japanese Disaster, Science and Survival Guides, History, Physics, Detection and Forecasting, Warning Systems, Designing for Tsunamis, Hazard Mitigation Programs by Progressive Management
Cover of the book Social Media: The Fastest Growing Vulnerability to the Air Force Mission - Cyberspace Issues, Facebook, LinkedIn, Twitter, Cybersecurity, Bring Your Own Device (BYOD), Safeguarding Personal Data by Progressive Management
Cover of the book Stopping Mass Killings in Africa: Genocide, Airpower, and Intervention - Somalia, Rwanda, Hutus and Tutsis, Ivory Coast by Progressive Management
Cover of the book Issues in Strategic Thought: From Clausewitz to Al-Qaida - Rules and Principles of War, Baron de Jomini, Mahan, Mackinder, Bernhardi, Bloch, Douhet, Mitchell, Brodie, Wohlstetter, Giap, Galuta by Progressive Management
Cover of the book America's Space Shuttle: Reaction Control System NASA Astronaut Training Manual (RCS 2102A) by Progressive Management
Cover of the book The Development of Air Doctrine in the Army Air Arm 1917-1941: Hap Arnold, Chennault, Douhet, Mitchell, Foulois, Drum Board, Alexander de Seversky, General Eaker, World War I and II by Progressive Management
Cover of the book Big Data: Seizing Opportunities, Preserving Values - Report of the Presidential Big Data and Privacy Working Group, Internet, Computer, Online Communications Privacy Threats by Progressive Management
Cover of the book Expanding the Lodgment to Extend Operational Reach: Study of Army in World War II on Usefulness of Seaports at Cherbourg, Artificial Mulberry Harbors, Port at Antwerp, and the Cross-Channel Attack by Progressive Management
Cover of the book Cyber Analogies: Historical Parallels to Cyber Warfare, Cyber and Computer Security, Cyber Pearl Harbor Surprise Attack, Nuclear Scenarios, Internet and Web Attacks, Vulnerabilities by Progressive Management
Cover of the book NASA Lessons Learned in Engineering: Marshall Engineers Recount Problems and Solutions on Saturn V Rocket, Apollo, Space Shuttle, SSME, Hubble Space Telescope, X-33, Other Vehicles and Systems by Progressive Management
Cover of the book Analyzing Sanctuary Management in the Sahel - Counterterrorism Against Safe Havens for Al Qaeda in the Lands of the Maghreb (AQIM) and Other Extremist Terrorists in Northern Mali to Southern Libya by Progressive Management
Cover of the book National Defense Intelligence College Paper: Imperialism With Chinese Characteristics? Reading and Re-Reading China's 2006 Defense White Paper - Chinese Military Expansion, Maoist Policy by Progressive Management
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy