this post was submitted on 27 Jun 2024
741 points (99.9% liked)

News

23296 readers
3317 users here now

Welcome to the News community!

Rules:

1. Be civil


Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.


2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.


Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.


3. No bots, spam or self-promotion.


Only approved bots, which follow the guidelines for bots set by the instance, are allowed.


4. Post titles should be the same as the article used as source.


Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.


5. Only recent news is allowed.


Posts must be news from the most recent 30 days.


6. All posts must be news articles.


No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.


7. No duplicate posts.


If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.


8. Misinformation is prohibited.


Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.


9. No link shorteners.


The auto mod will contact you if a link shortener is detected, please delete your post if they are right.


10. Don't copy entire article in your post body


For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 1 year ago
MODERATORS
you are viewing a single comment's thread
view the rest of the comments
[–] [email protected] 14 points 4 months ago (1 children)

Precedents get overturned from time to time, and the way that generally happens is when a new case comes along challenging that precedent.

Maybe this goes nowhere. Maybe a conviction gets overturned on appeal. But maybe we could see a new precedent set. Might as well try, you're probably not going to find a better case to do it any time soon.

[–] [email protected] 1 points 4 months ago

Wouldn't the establishment of a new precedent require the Supreme Court to overturn their previous ruling though? I'm not super familiar with the judicial system, so perhaps someone could tell me if I'm on the right track here with this hypothetical series of events

  1. Charges filed
  2. Defense motions to dismiss case on grounds that police don't have to protect anyone
  3. Prosecution counters that that's not necessarily what they are arguing here
  4. Judge at the lowest level with jurisdiction decides to allow the case to proceed based on prosecutions argument that they aren't litigating settled law
  5. Trial
  6. Defendants found guilty
  7. Defense files an immediate appeal and a stay of sentence because they still feel like their clients are protected by precedent
  8. Repeat until Supreme Court gets a writ of certiorari asking them to take up the appeal
  9. If SCOTUS accepts the case, they will decide if A) the defense IS actually protected by precedent in this scenario B) whether previous precedent is constitutional and C) the ultimate fates of the defendents 9.1 If SCOTUS does not take up the case, the lower court's decisions are affirmed and that becomes legal precedent.

Is that a probably series of events? Obviously the suit being allowed to continue and the defendents being found guilty are huge assumptions, but, assuming they come to pass, am I on the right track here?