In my role as Doctor of Jurisprudence I have just returned from making a house call on a patient. Since he is in a House of Correction I called on him there. Upon completion of my round I inquired of an African-American Nurse, denominated a "Corrections Officer" in our field what she thought "of the police shooting in Dallas." She had not heard. I took her as a test case for my diagnostic theorems of that case and presented the facts to her as dispassionate professional, viz:
"A policewoman just completed her shift, 10 hours. She went home to her apartment building four blocks away. Apparently she got off on the wrong floor of the building and went to what she thought was her apartment but in reality someone else's. The facts are confused about whether her neighbor's door was open or if she knocked after her key didn't work. She then shot dead the rightful apartment resident. She called the police to report the shooting and told the responding officers that she had mistakenly thought it her apartment."
To my surprise the Corrections Officer alerted to the went-to-the-wrong-apartment part. "I don't believe that," she responded succinctly. "She lived there. I don't believe her story that she went to the wrong apartment." I took that for granted. Officer Guyger made a mistake. She went to the wrong apartment. I alerted to the shooting part. My interrogator did not. I told her my hotel room experience. "I can understand a hotel room, you're new there. She lived there," the C.O. repeated.
It was a good point. It was a bad point for Guyger for if she is not believed about that part then it will not be believed that she had the mens rea for manslaughter. The alternatives would be "ill will, spite, hatred or evil intent" (second degree murder) or premeditation (first).
"A policewoman just completed her shift, 10 hours. She went home to her apartment building four blocks away. Apparently she got off on the wrong floor of the building and went to what she thought was her apartment but in reality someone else's. The facts are confused about whether her neighbor's door was open or if she knocked after her key didn't work. She then shot dead the rightful apartment resident. She called the police to report the shooting and told the responding officers that she had mistakenly thought it her apartment."
To my surprise the Corrections Officer alerted to the went-to-the-wrong-apartment part. "I don't believe that," she responded succinctly. "She lived there. I don't believe her story that she went to the wrong apartment." I took that for granted. Officer Guyger made a mistake. She went to the wrong apartment. I alerted to the shooting part. My interrogator did not. I told her my hotel room experience. "I can understand a hotel room, you're new there. She lived there," the C.O. repeated.
It was a good point. It was a bad point for Guyger for if she is not believed about that part then it will not be believed that she had the mens rea for manslaughter. The alternatives would be "ill will, spite, hatred or evil intent" (second degree murder) or premeditation (first).
