>> ours is preponderance 51%. >> 51%. >> yeah. we more likely to believe or not believe than to not believe or believe. so, there's different levels that each investigative body has to perform, too, or has to weigh in into making -- in making their final determination. obviously the softest one would be the preponderance of evidence and the most difficult one would be the d.a.. the d.a. has a much higher burden of proof to establish in their case. >> so, your analysis is it's more likely than not that the shooting was in policy or it's more likely than not the shooting was out of policy? >> right, to a degree of 51%. >> okay, thank you. >> okay. the board, per the general orders, the board will review the ois investigative findings to come to a consensus regarding whether the use of lethal force was in policy, not in policy, or whether further investigation is required. and then the chair, which is again will look at the members of it, the d.c. admin will report the findings to the chief. the board is composed of the deputy chief

>> ours is preponderance 51%. >> 51%. >> yeah. we more likely to believe or not believe than to not believe or believe. so, there's different levels that each investigative

listen to those words, preponderance of evidence.ded for lethal injection tomorrow? this is a great an fascinating section for our lawyers. from "in session" on trutv, joey jackson. in 2002 the supreme court said because of their abilities in areas of reasoning x judgment and control of their impulses, mentally disabled people do not act with act with the level of moral culpability that character ices the most serious adult conduct. given what the supreme court said, paul, how is warren hill a condemned man? >> well, you have to say, how can georgia do this. when you look at the underlying case. yeah, you always have to start with the underlying case. he was in prison for having shot his girlfriend. i think he shot her eight times. she was on the ground pleading for her life when he pumped the last bullets into her. he goes to prison and then bludgeons a person in prison with a two by four studded with nails. let's get to the mental retartation thing. the u.s. supreme court said we don't put mentally retarded people to death but we'l

taken advantage of that latitude and has made the the beyond a reasonable doubt philosophy the preponderant decision making philosophy in a case of despair. a determination of mental retardation yeah and it's very easy for somebody to say well i have a reasonable doubt so we have a case of a warren lee hill who has an i.q. of about seventy. facing death for a situation that in no other state in the union today would he be facing death and it's it's if you look at situations like you know about the case of andre thomas in texas a man whose pluck both of his eyes as a result of his paranoia and is still looking at death in texas there the prosecutorial ranks are filled with people who want to win a conviction and win an execution because it somehow makes them passes pass off as as. more leaders in their community well that's a sign that we have really trip down a very ugly road and our are teaching our children as well as teaching each other that human life means nothing with him like in the half a minute or so we have left can you tell us about your group death penalty focus. death only focu

: in order to establish a constructive discharge an employee must plead and prove by the usual preponderance of the evidence standard that the employer either intentionally or created or knowingly permitted these conditions that were so intolerable or aggravated at the time of the employee's resignation that a employer would realize that a reasonable person in the employee's position would be compelled to resign. no one in their right mind would continue to work under these most sorry circumstances. the city could have easily done the right thing all along and it consistently chose not to. i have done through appropriate state and federal legal processes throughout all of this, and these will take years to resolve. there will be a full federal investigation of my eeoc charges and i have every confident that justice will prevail at some point. there can never ever be any just compensation for what i have had to go through. the cost to my physical and mental health and successful career being pulled out from under me and all so unnecessarily. for now i thought it important to go out with whate

grr diswhrr according to retailers, it generates some $18 preponderate 6 billion across the nation. women will spend an average of $88 on their significant others in flowers, chocolate, and the classic cards. >> after christmas, the number one holiday is valentine's day. reporter: mike baum says they count on the red to keep them in the black. >> chocolates are tremendous. they usually add it with some gift or not. >> don't let the business of valentine's day fool you. those out shopping for a loved one with sweethearts still say it's all for love. >> i don't know what i'm going to get. >> i have a wonderful wife. i'm so happy to spend something for mer. >> the national retail federation finds that marries couples tend to spend less than other groups, about $73 for a spouse. >> don't be part of that statistic, ka pirntion. reporter: not at all. i will up the ante. >> thank you. unless shoppers are budget- conscious, they are taking advantage of cue fons create a deal. >> i wonder, who created this whole thing? >> there were a lot of origins. >> retailers. coming up, special offer. >

last iffy the preponderant decision making philosophy in a case of despair. a determination of mental retardation yeah and it's very easy for somebody to say well i have a reasonable doubt so we have a case of a warren lee hill as an i.q. of about seventy. facing death for a situation that in no other state in the union today would he be facing death and the it's it's it's. if you look at situations like you know about the case of andre thomas in texas a man who's pluck both of his eyes as a result of his paranoia and is still looking at death in texas there the prosecutorial ranks are filled with people who want to win a conviction and win an execution because it somehow makes them passes pass off as as more leaders in their community well that's a sign that we have really trip down a very ugly road and our are teaching our children as well as teaching each other that human life means nothing with him like in the half a minute or so we have left can you tell us about your group death penalty focus. death only focus is a california based group that operates a

but over the last thirty years i think we have to understand that fundamentally it has been the preponderance of power of the united states over iran and it's over confidence that it could coerce iran with that had germany had demonic power that has really been at the root of the problem all along that is to say the problem of diplomacy with regard to the nuclear issue i'm writing a book on this right now and what has struck me in my research is the degree to which the united states government particularly. since two thousand and one has but i would say going back to the clinton administration has had this overweening self-confidence that it could coerce iran because the iranians must be afraid of american military power and of course this was particularly true during the bush administration when they invaded and occupied iraq i have several sources have told me that. the or bush administration was extremely overconfident and that's why they made no effort whatsoever to negotiate they refused to negotiate at all with iran despite the fact and and here i differ with majid on the idea of that o

but over the last thirty years i think we have to understand that fundamentally it has been the preponderance of power of the united states over iran and it's over confidence that it could coerce iran with that had germany had demonic power that has really been at the root of the problem all along that is to say the problem of diplomacy with regard to the nuclear issue i'm writing a book on this right now and what has struck me in my research is the degree to which the united states government particularly. since two thousand and one has but i would say going back to the clinton administration has had this overweening self-confidence that it could coerce iran because the iranians must be afraid of american military power and of course this was particularly true during the bush administration when they invaded and occupied iraq i have several sources have told me that. the or bush administration was extremely overconfident and that's why they made no effort whatsoever to negotiate they refused to negotiate at all with iran despite the fact and and here i differ with my on the idea that or iran

in a civil case, it's a lower standard, it's a preponderance of the evidence standard. those are the two reasons. gwen: does this make it a slam-dunk for the government? can they win this with the states onboard? >> it won't be easy for a couple reasons. s&p did not sell the investments. they rated them. you have to make a pretty convincing argument that the companies that bought them and got stuck with them and went down the tubes with them bought them because of the s&p ratings, not because of the exact same ratings that were coming from the other rating company. >> one of the interesting elements of that, though, is that there are laws on the books that require that some of these complex instruments had those ratings. so some of those investors had to utilize and rely on the ratings of risk. >> the other problem here is perhaps a more fundamental problem with the way the ratings agencies work. they're rating, they're paid by the people that are asking them to rate them. >> right. >> this is like the movie company paying siskel and ebert to rate the company they're us

but over the last thirty years i think we have to understand that fundamentally it has been the preponderance of power of the united states over iran and it's over confidence that it could coerce iran with that had germany had demonic power that has really been at the root of the. to say the problem of diplomacy with regard to the nuclear issue i'm writing a book on this right now and what has struck me in my research is the degree to which the united states government particularly. since two thousand and one has but i would say going back to the clinton administration has had this overweening self-confidence that it could coerce iran because the iranians must be afraid of american military power and of course this was particularly true during the bush administration when they invaded and occupied iraq i have several sources have told me that the or bush administration was extremely overconfident and that's why they made no effort whatsoever to negotiate they refused to negotiate at all with iran despite the fact and the and here i differ with majid on the idea of that or iran refuses engagem

our burden of proof in administering the investigation is the preponderance of the evidence. investigative findings, recommendationses are prepared by the investigator in a final report. this will include obviously the criminal information we received. that's part of the reason we trail behind the criminal investigation obviously if there was some criminal misconduct, that would be a factor in the administrative investigation. so, the investigative findings were then presented to the quarterly held firearm discharge review board. you sat through those reports as well. so, you're familiar with that a little bit. okay. some of the investigator dependencies we touched on, again would be the district attorney report and the final homicide report. >> those are the big ones. >> once we have the final product, we've got the administrative report completed. it's presented to a firearms discharge review board which is held every quarter. the firearm discharge review board is authorized in department general order 310 and it's referenced in 81 1. so, both those general orders have some

but over the last thirty years i think we have to understand that fundamentally it has been the preponderance of power of the united states over iran and it's over confidence that it could coerce iran with that had germany had amount of power that has really been at the root of the problem all along that is to say the problem of diplomacy with regard to the nuclear issue i'm writing a book on this right now and what has struck me in my research is the degree to which the united states government particularly. since two thousand and one has but i would say going back to the clinton administration has had this overweening self-confidence that it could coerce iran because the iranians must be afraid of american military power and of course this was particularly true during the bush administration when they invaded and occupied iraq i have several sources have told me that. the or bush administration was extremely overconfident and that's why they made no effort whatsoever to negotiate they refused to negotiate at all with iran despite the fact and and here i differ with my on the idea of that or

it's not based on the preponderance of evidence. it's beyond a reasonable doubt. juryist would think this man his full mental capabilities. >> it is possible that they -- somebody could save him before 7:00 tonight? >> yes. >> this process is still continuing. there is still hope? >> the supreme court has refused to hear it but the parole and pardon board can grant clemency and give him life in prison which he was sentenced to. >> they can make that decision up until 7:00. >> we made the call, they said they're reviewing it and we'll find out if they make that soon. >> let us know. >> right. >>> the lapd giving an update on the christopher dorner investigation. you remember dorner is the ex-cop who went on a shooting rampage two weeks ago after posting a manifesto that targeted the lapd. he killed four people, the police chief says that manifesto raises a lot of issues, a lot of questions. his department is looking into a lot of them. they'll issue their findings once the review is done. the massive manhattan for dount ended last week after a shootout and fire at

flankliip am not sure that a preponderous of stunes were all that totally plugged in either. some of my generation are active to push to 18 year olds to get to vote and racial equalitiity and those i met and other students that i met. they bring in intelligence and passion and thoughtful consideration of others and fire to stee the truth. i was disgusted to hear that people in the conservative movement think our way forward is to moomanipulate the process by destroying candidates with boat loads the of money and we operate establishment republicans and the frat sides of the approach . spend money to those with the conservative win will prove catastrophic and i am fine with raising them . why would any of them want to do the dirty work and detry a republican. i encouraged by the big picture perspective . they know what they are for and not just what they are against. i feel a lot better about the future of conservatism and the present. i vehicle the younger conservative taking a larger role and shaping the republican party. i went to syracuse to en're courage them. i hope i di