Wouldn't he still be arrested for wrongful imprisonment of all the hostages? Just because you didn't kill your partner doesn't your off for taking hostages. He didn't kill his partner, but he did take hostages and he should be arrested for it.
"Your best? Losers always whine about there best. Winners go home and #### the prom queen."
Given the scandal that he unearthed and solved in the course of a day, it's likely that no one would be there to press charges. After the ordeal the Chicago police went through that day, who's going to slap on the cuffs?
shareAnd at trial, what jury would convict him? You simply assert the "choice of evils" defense . . .
Boom - 3 minute "not guilty" verdict.
Also, he developed some trust with the hostages Rudy and Maggie. Niebalm was dead, Frost was arrested, and the two cops who came in and were kidnapped didn't seem to be too mad at him. Who would press charges?
shareBut he did do a lot of damage to the office... gunshots, flashbangs, fire etc.
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What are you talking about of course he should be arrested. You can't sieze the floor of a govt building and cause that much chaos and just walk away at the end of it.
shareActually, he wouldn't be arrested.
In real life . . . . .he would have been taken to hospital, . . .just like in the movie. He did have a gun-shot wound after-all.
When he was deemed to be well enough - he would be questioned, so that the blanks could be filled in.
He would either get a caution (so?) and/ or lose his job. He cant lose his job. He's take their asses to the cleaners as all the major organisations involved that put him in that predicament - ie a framed murderer with no way of getting out of it.
Nah, those organisations would be publicly hailing him as a saviour for rooting out their bad seeds and he would get back to work. Its in no-one's interests to charge him, in any serious kind of way. They would all just look even worse.
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Niebaum died because of his corrupt actions.
He betrayed his informant Nate for money causing his death, cooperated with the other dirty cops in framing Danny in order to cover up his actions putting Danny in a completely desperate situation that finally led to the hostage situation.
If Niebaum had talked sooner instead of continuing his dirty game of lies and deceptions he would have survived.
Finally it were the corrupt cops who killed Niebaum in an attempt to cover their tracks, not Danny, not to mention the fact that Danny was making the job the real cops should have done.
Danny may not be innocent for what happened, but he was definitely also not guilty.
Yeah he probably would have got a small sentence or be let off. Taking hostages is definitely unlawful, but maybe the hostages would all refuse to press charges etc.
shareEven though Roman uncovered the truth and found the people that set him up. He would surely go to prison for a while for kidnapping, terrorisism blowing *beep* up. im sure some police officers and someone would let him off lightly. i reckon 5 years in the can.
shareNah, in real life he wouldn't serve a day in jail.
shareHe would get a lesser sentence maybe but he would most definitely be charged and convicted of a number of crimes guaranteed. Just because he was wrongfully accused and arrested does not excuse his many felonies. Being right is not a get out of jail free card.
shareThe two officers who entered the room by breaking the windows therefore should be charged to.
Destroying property? He set the fire to prevent easy entry, bullets firing and thus the hostages being killed. Plus, charge him for giving Maggie a gas mask as a protection against gas?
If such an unlikely event had occurred in real life then yes, he would be placed under arrest, and (while in hospital) questioned. Whether he would have been charged or not would be another matter. Someone would have to want to press charges, either the police themselves or one of the surviving hostages. The police would be unlikely to want to do so, but if - for example - Niebaum's secretary had demanded it, he probably would have to be. She would also have a reasonable claim to compensation.
shareI don't see how anyone would press charges. Either they would understand his situation, or recognize that with all the support he has any case against him would be futile.
shareNot sure bout in Chicago, or where ever this movie was based, but in Texas he theoretically could have been charged with felony murder and been eligible for the death penalty. Since the one dude died from a result of samuel jackson taking those hostages samuel jackson could, and probably, would be charged for the crime. Whether or not he would be convicted is another matter. with good defense lawyers he probably could beat it. regardless of what caused him to take hostages in the 1st place there is no way a city could afford to let him go without being charged with a crime and risk setting a precedent like that.
shareNot only would he be charged with kidnapping and wrongful imprisonment, but he would also be charged with assault with a deadly weapon and making terroristic threats. With those 2 charges, no single person needs to press charges, the city could do it on their own. With the right defense, he might get off with maybe a fine, some community service and maybe be forced to see a court appointed shrink. But there's no way on Earth he could just walk away innocent.
If you can't spot the sucker in the first half hour at the table, then you ARE the sucker.
As cride11 pointed out, if he's charged with any felony, and kidnapping as well as assault with a deadly weapon are both felonies, he could also be charged with MURDER because Niebaum dies while Roman is in the midst of committing his felony.
In pretty much every state, if someone dies during the commission of a felony that you're committing, who wouldn't have died had you not committed that felony, you're just as guilty of murder as someone who shoots someone right in the brain, even if they die as a result of a heart attack. It's called "felony murder" in many states, but the only difference between that and regular murder is in the way the prosecutor goes about proving it. The sentences are identical.
The person who does the actual shooting might also be charged with murder for the same killing.
The fact that in this case the cops were actually intentionally trying to assassinate Niebaum might give Roman some kind of defense to felony murder, I suppose. I've never actually heard of a case like that before, so I don't really know. And I certainly don't know anything specifically about Illinois law. I suspect Roman would at least have an interesting Due Process argument of some kind for his appeal on the murder conviction.
I don't see what he could say about kidnapping and assault with a deadly weapon though. Roman would be screwed. We're supposed to resolve issues like the issue of whether Roman was framed in courts of law, with investigators hunting down evidence, that evidence being introduced into Roman's murder trial, the presumption of innocence, etc., not by kidnapping people and endangering human lives, so, no matter how you look at it, the laws against kidnapping and assault with a deadly weapon might well be enforced against him, and with good reason.
Then he'd probably be killed in prison by the friends of the cops he put away.
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The city would be soo busy inditing the cops who were corrupt. As for the hostages pressing charges, yes they could, but he also saved their lives in a way when the cops came in blasting everywhere.
Whats the point of a signature?
Niebaum died because of bullets launched by a corrupt police officer outside of Roman´s area of responsibility. Felony murder only applies to a situation, where the criminal has the possibility to avoid the death of a person, but does not take it. Here it simply wasn´t possible for him to avoid his death since the perpetrator was outside his influence. The only thing he could do was to warn the people outside his area of influence that something like this could happen,which he did. The people outside, however, didn´t listen, which makes them responible for what happened, because they didn´t watch their own men as they should have.
Niebaum was killed by corrupt police officers, noone else, but, who knows, maybe the chief and his lieutenant could be indicted for negligent manslaughter
for not taking Roman´s warning seriously, which contributed to Niebaum´s death.
As for the other indictment charges, he will be exonerated under the principle of special circumstances, because he ultimately only did the job Niebaum and the others should have done in order to save his freedom, maybe even his life, not to mention the fact that Niebaum´s actions were the ones that really escalated the situation.
If he was arrested and charged I dont think Danny would have been spending a very long time in prison,if any at all.Here are some reasons why.The only casualty was Niebaum,who was crooked and a liar.The 2 regular citizens taken hostage didnt seem to bear any ill will towards Danny.The police would have been tarnished by the pension scandal so the lines between right and wrong had been blurred.He was facing a long sentence for something he didnt do so it could certainly be argued Danny was in an unfit state of mind at the time.He was black and it could have been perceived that Danny was being persecuted because of his race.So even if he was tried this is why I think he would have got off lightly.
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Nope. Not the case at all.
The whole notion of wrongful imprisonment demands that NONE of the people 'imprisoned' were imprisoned for the right reasons. If even ONE of the people were imprisoned for the right reasons, and the others were either there with them while the imprisoning occurred, or were becoming accessories thereafter by trying to help them escape, then their 'imprisonment' would not only not be wrongful, but would be considered a completely lawful act of placing them all under arrest.
Threatening bodily damage and whatever to people having been placed under arrest is nothing short of what would be called standard interrogative procedures... so long as none of those threats were actually carried out.
As far as I can tell, the only person who might have any claim at any crime would be the cop Roman 'killed', and not for the pseudo killing, but for the pistol whipping, which would still be considered assault with a deadly weapon. However, that cop, upon learning his role in the removal of a whole bunch of corrupt cops from the force, is pretty unlikely to even try to press charges. So, nope. No arrest thereafter for Danny Roman that I can see.
Wow
shareAmazing how many threads are on this and amazing how few of you know the law.
Charges have to be pressed by a party. After everything he did, it's doubtful anyone would press charges and even if they did, good luck getting a jury to convict you of it.
Example: "The defendant hijacked a car (felony), chased down some robbers after ruining some property (reckless driving), and then shot the robber who was going to kill an innocent woman (murder)."
LMAO, you think a jury is going to convict someone of that?
Yep, bunch of ignorant dumb asses on this site
share"Charges have to be pressed by a party"
Uh yes, the DA, who is normally responsible for chargingvhostage takers. He's 100% guilty of taking people hostage and putting people's lives at risk. Heck, his actions contributed to the death of someone.
"The defendant hijacked a car (felony), chased down some robbers after ruining some property (reckless driving), and then shot the robber who was going to kill an innocent woman (murder)."
BS example. He never saved somebody else's life with his actions, he unlawfully imprisoned people only to clear the criminal charges against him.
In real life, yes, he would be arrested.
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