Home -> Law Blog Directory -> Criminal Law Blogs -> Governing Through Crime

Criminal Law

: Governing Through Crime

Beyond Mehserle

By Jonathan Simor

Overall the Mehserle jury probably got it right. Second degree murder, and voluntary manslaughter, both require proof beyond a reasonable doubt that Mehserle had a specific intention to shoot Grant. The evidence at trial offered reasonable doubt that he intended to shoot Grant with his gun (the "oh shit" that several witnesses read on Mehserle's lips just after the gun went off speaks to that). Had the jury decided to acquit or been unable to reach a verdict (as was the case in the Oakland Riders case several years ago), the outcome would have been far more devastating in the message it would have sent to police officers. As it is, even the minimum 5 years in prison which Mehserle now faces will be a powerful deterrent. Police know what prison time means (and have lots of good reasons to fear it more than those they typically arrest)...continue to full post

Full post as published by Governing Through Crime on July 09, 2010 (boomark / email).