4 ms·
It's not confirmed to be illegal until they get a conviction. So we will find out! It will be an interesting case. I'd wager they do get convicted but we'll see
by modeless 4y ago
It's not confirmed to be illegal until they get a conviction. So we will find out! It will be an interesting case. I'd wager they do get convicted but we'll see.
- gizmo686 4y agoThere are two seperate questions: 1) Do the alledged facts meet the legal requirements for the crimes charged? 2) Are the alledged facts true? A trial is focused on question 2. A jury is called on to make a determination of the facts of the case, they will be instructed on what is/isn't illegal and not expected to make any decision regarding questions of law. Question 1 can be answered in summary judgment before you ever call a jury. Question 1 can also be answered through the appeals process long after a guilty verdict is given.
- toolz 4y agoA jury can decide if something _should_ be illegal and base their verdict on that. Meaning that the jury is also considering point 1 and whether this specific case should be illegal, regardless of how clear the law is on the subject.
- skc 4y agoDoes the fact that he tried to flee have any bearing on this or can it plausibly be argued away is irrelevant?
- modeless 4y agoBeats me, I'm no lawyer. But it seems plausible to me that his intention was to avoid or at least delay getting fired rather than intentionally fleeing law enforcement specifically.