08-03-2014, 02:38 PM
@ Glen
No problem.
I guess we'll see on the battery on LEO part. In general Feds can't enforce State and local laws but frequently provisions are made for that but my experience would be more with the DEA and Customs (Now ICE) guys. and that authority was given to them as a tool. Maybe the security detail guys get a cursory swearing in in the States they are in too. Otherwise if they do make an arrest, even after identifying themselves as Fed Officers they will be essentially making a citizens arrest. At least in Fla an out of jurisdiction officer's testimony is one of the misdemeanor arrest situations that don't have to occur in the officer's presence so things would work out well for the out of jurisdiction officer anyhow.
Defendants almost never look the part at trial. Well pretty much never but sometimes they can't help but act the part.
I would expect that the deadly force use part will have left the realm of citizens arrest and will by then be in the self defense category. At least that will be the defense.
The defense may well not want the lesser charge instruction if they feel confident the State can't make the murder charge. The all or nothing works well if you feel confident of that. I hate to bring up the subject but that's why the State tried so hard to get the lesser charges in the instructions during the Zimmerman trial. They knew by that point they were screwed on the murder charge (All non-emotional observers saw that much earlier). Maybe the Hawaii Supreme Court is foreseeing the same outcome and is wishing to avoid it.
I haven't read much on the trial and didn't see where the State was trying to add Assault. Maybe she was just being pissy after being smacked.
I've never been a big fan of the Feds the times I worked with them (large egos) although the Customs guys were pretty cool back then. It was the Blue Lightning guys on the interdiction boats. We worked together a lot at that time. Seems like they disappeared when they got sucked into ICE. But then I left the boats about then too.
Pua`a
S. FL
Big Islander to be.
No problem.
I guess we'll see on the battery on LEO part. In general Feds can't enforce State and local laws but frequently provisions are made for that but my experience would be more with the DEA and Customs (Now ICE) guys. and that authority was given to them as a tool. Maybe the security detail guys get a cursory swearing in in the States they are in too. Otherwise if they do make an arrest, even after identifying themselves as Fed Officers they will be essentially making a citizens arrest. At least in Fla an out of jurisdiction officer's testimony is one of the misdemeanor arrest situations that don't have to occur in the officer's presence so things would work out well for the out of jurisdiction officer anyhow.
Defendants almost never look the part at trial. Well pretty much never but sometimes they can't help but act the part.
I would expect that the deadly force use part will have left the realm of citizens arrest and will by then be in the self defense category. At least that will be the defense.
The defense may well not want the lesser charge instruction if they feel confident the State can't make the murder charge. The all or nothing works well if you feel confident of that. I hate to bring up the subject but that's why the State tried so hard to get the lesser charges in the instructions during the Zimmerman trial. They knew by that point they were screwed on the murder charge (All non-emotional observers saw that much earlier). Maybe the Hawaii Supreme Court is foreseeing the same outcome and is wishing to avoid it.
I haven't read much on the trial and didn't see where the State was trying to add Assault. Maybe she was just being pissy after being smacked.
I've never been a big fan of the Feds the times I worked with them (large egos) although the Customs guys were pretty cool back then. It was the Blue Lightning guys on the interdiction boats. We worked together a lot at that time. Seems like they disappeared when they got sucked into ICE. But then I left the boats about then too.
Pua`a
S. FL
Big Islander to be.
Pua`a
S. FL
Big Islander to be.
S. FL
Big Islander to be.