zlacker

"substantial and unjustifiable risk that the result will occur or that the circumstance exists"

I'd argue that it's not likely also, but I would say it is substantial, which is sufficient under the law.

I understand the reasoning provided. I think it wantonly risks death for unjustifiable reasons. They can provide their justifications, but to me (were I sitting on a jury) I would think an objective reasonable person would not agree with them.

It sounds like we're mostly in agreement on their actions creating a circumstance where the death could occur. I think at this point maybe the only difference between us is whether that risk is "justifiable" as described in the statute.

I think it is not and (again, given the specific facts I proposed which would have to be proven at trial) I would find them guilty of manslaughter.

>>ncalla+(OP)
Even though I personally think no knock warrants are unjustified and should be banned. I don't think it's reasonable to say it's a wanton disregard for life when so many judges and police departments disagree.

But I guess time will tell if they get charged and convicted.

>>JamesB+Y6
> I don't think it's reasonable to say it's a wanton disregard for life when so many judges and police departments disagree.

You and I probably have disagreements about how the current system values a human life relative to their other goals. I have no problem viewing a police department (or many police departments) systematically acting in a wanton manner. That doesn't excuse the individuals that carry out the actions.

For the same reason "I was just following orders" is not a defense. Breaking the law is breaking the law—even if your bosses order it and other people are doing it.

Again, I also do not believe that most PDs carry out no-knock warrants with these facts. I suspect most PDs during a no-knock warrant will still use uniformed police officers and announce themselves as police.

>>ncalla+7b
> For the same reason "I was just following orders" is not a defense. Breaking the law is breaking the law—even if your bosses order it and other people are doing it.

I don't think "I was just following orders" is a defense against breaking the law. But I think arguing that something is a common practice throughout the U.S. is a defense against the act showing a willful or depraved indifference to human life.

Basically I don't believe in the death penalty. But I also don't think the doctor who administers the lethal injection for the state should be convicted of manslaughter if they happen to kill an innocent person. (I also think the death penalty kills more innocent people per execution, than execution of warrants).

> I suspect most PDs during a no-knock warrant will still use uniformed police officers

Definitely agree here. But plainclothes warrant execution has been become increasingly common over the last decades. The no-knocks, are getting more no-knockier.