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 History of the Air Corps Tactical School 1920 -1940: World War I, Langley Field, Maxwell Field, Air Corps Doctrinal Center, Precision Bombardment, Conflict with the War Department General Staff by Progressive Management
Cover of the book India in Perspective: Orientation Guide and Gujarati, Hindi, Kashmiri, Punjabi, Telegu Cultural Orientation: Geography, History, Economy, Security, Sikh, Gandhi, Nehru, Ganges, Delhi, Mumbai, Indus by Progressive Management
Cover of the book Lessons of the Iraqi De-Ba'athification Program for Iraq's Future and the Arab Revolutions: Saddam Hussein, Alawite, Syria and Assad, Yemen by Progressive Management
Cover of the book Certain Victory: The United States Army in the Gulf War - General Scales Tells the Story of Desert Shield and Desert Storm, Liberating Kuwait from Iraq - Plotting the Campaign, The Great Wheel by Progressive Management
Cover of the book 21st Century U.S. Military Manuals: Leadership for American Army Leaders - FMFRP 12-17 (Value-Added Professional Format Series) by Progressive Management
Cover of the book Learning from Our Military History: The United States Army, Operation Iraqi Freedom, and the Potential for Operational Art and Thinking - Petraeus, COIN, Clausewitz, Counterinsurgency by Progressive Management
Cover of the book Guide to American Military and Defense Strategy: The Grand Strategy of the United States, Army War College Guide to Strategy, Resources Mismatch, National Interests, History from 1787, War Strategy by Progressive Management
Cover of the book 2010 Planning Guidance for Response to a Nuclear Detonation: Federal Guidance for a Nuclear Bomb Attack on an American City, Effects, Fallout, Shelter, Medical Care, Decontamination by Progressive Management
Cover of the book Decisionmaking in Operation Iraqi Freedom: Removing Saddam Hussein by Force - The Surge, General Casey, General Raymond Odierno, General David Petraeus, Ambassador Khalilzad by Progressive Management
Cover of the book National Near-Earth Object Preparedness Strategy and Action Plan - Interagency Working Group for Detecting and Mitigating the Impact of Earth-Bound Near-Earth Objects (NEO) - Asteroids and Comets by Progressive Management
Cover of the book Who Has the Puck? Strategic Initiative in Modern, Conventional War: World War II Case Studies of Russo-German War of 1941-45, Pacific War, Shifts from Superior Wisdom, Knowledge, Capacity, Technique by Progressive Management
Cover of the book 21st Century Adult Cancer Sourcebook: Chronic Myeloproliferative Disorders (Polycythemia Vera, Myelofibrosis, Thrombocythemia, CML) - Clinical Data for Patients, Families, and Physicians by Progressive Management
Cover of the book NASA Report on Mars Exploration: Frontier In-Situ Resource Utilization for Enabling Sustained Human Presence on Mars - ISRU, Surface Habitats, Entry Descent and Landing, Fuels, Food, Robotics by Progressive Management
Cover of the book 21st Century U.S. Military Documents: Air Force C-130 Aircraft - Operations Procedures, Aircrew Evaluation Criteria, Aircrew Training Flying Operations by Progressive Management
Cover of the book American Military Strategy During the Moro Insurrection in the Philippines 1903 - 1913: Leonard Wood, Tasker Bliss, John J. Pershing, Philippine Revolutionary Government (PRG), Philippine Constabulary 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