The fatal shooting of Michael Brown is still in the investigatory stage. Should evidence of suspected criminal acts be found, Officer Darren Wilson will be indicted on criminal charges, but that’s not the only legal iron in the fire. Depending on the findings, he also faces charges from a state and civil level.
The Reasonable Standard
There are more questions than answers surrounding this case. Investigators not only have to sort through multiple accounts of the day’s events, but also have to decipher the forensic details from three separate autopsies. All of this to answer one central legal question: did Officer Wilson act reasonably?
Our personal divining rod for the boundaries of reasonable action does not come into play. This has to be looked at as a matter of pure legal precedent — a precedent that has been set since 1985.
There used to be very little regulation of the “fleeing felon” rule. If a suspect was fleeing the scene of a crime, an officer of the law was within their rights to detain that suspect using the force necessary to do so, even if that force proved deadly. However, when this rule lead to the death of an unarmed minor during the commission of a robbery, it was revised; the original version deemed unconstitutional.
Now, an officer of the law must have a reasonable fear for their own safety and/or the safety of the community. Proving his actions match the reasonable standard is at the crux of Officer Wilson’s case and that proof also sets a defensible pattern for any other charges he may face.
True To Form: The Value Of Following A Legal Pattern
There are several other categorical charges a defendant can face beyond the federal criminal proceedings. Federal courts hear cases involving constitutional issues, but it’s possible for a criminal case to encompass federal, state, and civil charges.
While a federal judge will look at whether Officer Wilson’s actions were constitutional, the state of Missouri can also file charges based on state statutes that were violated or broken. Additionally, the Brown family can legally seek restitution from Wilson if the death of their loved one is indeed wrongful. All of these possibilities remain open-ended questions until the federal case gets underway.
If these were actions of reasonable self-defense, the legal dominos will fall way. If these actions were criminal and led to the wrongful death of an unarmed man, those dominos could fall another way entirely. The coming weeks will boil this case down to the facts.
Hire an attorney at Stockard, Johnston, Brown, Netardus & Doyle, P.C. in Amarillo, Texas, if you ever find yourself in a situation like the parents or the officer involved in this case.