Introduction
Police officers are public servants employed by the state to protect and prevent crime. In order to combat crime the state allows the police certain powers, such as the power to arrest. The state affords the police conduct that is not permitted to the average citizen, by virtue of their public office. This often becomes a contentious issue as the police are entitled to use force that infringes on the human rights of suspects in order to fulfil their duties. This essay will discuss the liability of a sheriff’s deputy for shooting and killing a 13 year old minor, Cruz, mistakenly believed to be a serious violent threat to society. The discussion will firstly examine the defence of public authority as ground of justification excluding
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According to the statement of the deputy an attempt on an arrest was made, he called out to Cruz, instructing him to lower his weapons. In addition to a verbal warning, the arrestor must also fire a warning shot, before shooting at the suspect. The latter was completely omitted by the accused. It is not clear if Cruz resisted the arrest, he merely began to turn around when he was shot. The exercise of force was neither necessary nor proportional as Cruz posed no threat to society by merely carrying fake guns. The deputy only believed that a threat …show more content…
Here section 49(2)(a) of the Criminal Procedure Act is applicable. The deputy believed Cruz posed a serious threat of violence to himself, the, arrestor or any other person. He stated that, when he fired the shots, he not only feared for his own safety, but also for his partner and for the members of the community. He truly believed Cruz was going to shoot at him or members of the community. His immense fear is indicative of a genuine belief that he was authorised to use deadly force against Cruz. The deputy never intended to exceed his powers of public authority and lacks consciousness of wrongfulness. He will successfully be able to rely on putative public authority, excluding fault in the form of
The Bryan v McPherson case is in reference to the use of a Taser gun. Carl Bryan was stopped by Coronado Police Department Officer McPherson for not wearing his seatbelt. Bryan was irate with himself for not putting it back on after being stopped and cited by the California Highway Patrol for speeding just a short time prior to encountering Officer McPherson. Officer McPherson stated that Mr. Bryan was acting irrational, not listening to verbal commands, and exited his vehicle after being told to stay in his vehicle. “Then, without any warning, Officer McPherson shot Bryan with his ModelX26 Taser gun” (Wu, 2010, p. 365). As a result of being shot with a Taser, he fell to the asphalt face first causing severe damage to his teeth and bruising
Happening in today’s society, there have been countless number of citizens being killed by law enforcement. Some situations may not cause for force and others may. This case can be a reference in regards to making sure that the force you use is appropriate for the situation. As for the justice system, it is all about being fair and listening to both sides and issuing out the right punishment if there is any. Many people in today’s time needs to get educated when it comes to the reason behind why law enforcement uses force to handle the situations they have to deal with. But in the end it all comes down to right and
At around 3:14 pm. Santa Rosa Police officer Erick Gelhaus and his partner, a trainee, were patrolling Moorland Avenue located just before the outskirts of Santa Rosa. Gelhaus who was sitting in the passenger side of the police vehicle, then spotted an individual (now known to be Andy Lopez) with his back facing towards them walking down the street holding what appeared to be an AK-47 assault rifle (Johnson). The trainee officer then stopped the vehicle just a mere 20 to 30 feet away, allowing for Gelhaus to quickly step out and order Lopez to drop the weapon (Chea). Many community members argue that the trainee officer should have gone out of the police vehicle with Gelhaus if Lopez was indeed a threat to the community. The trainee officer however did not exit the vehicle since “at that point Deputy Gelhaus had already engaged the subject, with the commands and with the weapon. The threat was essentially over” (Johnson). This explains why the trainee officer remained in the police vehicle during the confrontation.
On October 20, 2014 a young male teen was fatally shot in Chicago, Illinois. The shooting occurred in the middle of the road and the suspect that was fatally shot was named Laquan McDonald. McDonald was just 17 years old and was the suspect after initial reports placed him in the scene of a possible car jacking. It was reported that Laquan McDonald had a knife and was also seen slashing tires of a police cruiser. When police had finally had him surrounded in the middle of the road, one officer opened fire and released 16 shots into his body. Another deputy on hand said the use of force was not needed because Laquan was not in any way trying to attack the officers present. The officer who fired the 16 shots into Laquan is named Jason D. Van
...is novel with an outstanding salute to those who serve in law enforcement saying, “And so I tip my hat to all the good cops throughout our nation who risk their lives and strive to do the right thing when facing split-second decisions about life and death every day in the kill zone” (Klinger, 2004, page 274). Pulling the trigger of a gun can cause a variety of issues both within and outside of a police officer’s life, but it could also potentially save another human being from harm and keep the safety of our society intact.
Smith, M. R., Petrocelli, M., & Scheer, C. (2007). Excessive force, civil liability, and the taser in
The duties of a police officer are to ensure that there is maintenance of public peace and order. In order to perform their duties and obligations they require certain powers, authority in order to perform their duties and this extends the power to arrest. This paper focuses on the decision of the court in DPP v Carr, the amendments on Law Enforcement (Powers and Responsibilities) Act (LEPRA) section 99 and a critical evaluation of statements made by Sentas and Cowdery.
Discretion does have its advantages. Philip Howard puts forward as an argument that discretion is an essential and inevitable element of public administration. According to Howard discretion is needed to make certain that benevolence is in the manner of governing. He suggest that in an effort to attain conformity with the rules or fairness, more than is normal limited the discretion of public officials in some principle of action adopted by government areas.
Although accountability has always been an issue, the injustices that are currently occurring make it priority. Police officers are getting “special treatment” and are not facing charges for crimes they have committed. Police officers are not held accountable for their a...
Police brutality is a very real problem that many Americans face today. The police carry an enormous burden each day. Police work is very stressful and involves many violent and dangerous situations. In many confrontations the police are put in a position in which they may have to use force to control the situation. There are different levels of force and the situation dictates the level use most of the time. The police have very strict rules about police use force and the manner in which they use it. In this paper I will try to explain the many different reason the police cross the line, and the many different people that this type of behavior effects. There are thousands of reports each year of assaults and ill treatment against officers who use excessive force and violate the human rights of their victims. In some cases the police have injured and even killed people through the use of excessive force and brutal treatment. The use of excessive force is a criminal act and I will try and explore the many different factors involved in these situations.
However, if the officer is in immediate threat, he has the right to use deadly force to protect themselves from being the victim. “The Court held that the use of deadly force is subject to the Fourth Amendment's reasonableness requirement, and that the Tennessee statute was unconstitutional in so far as it authorized the use of deadly force to prevent the escape of all felony suspects, whatever the circumstances” (Gross,2016). Nonetheless, it also depends on the seriousness of the crime as to how excessive the force may be to control the civilian actively resisting apprehension. Conversely, “what Graham did was to set the tone for how officers should be trained to react in a given situation” (Doerner,2016). Therefore, there are variables set in place to control and monitor the law enforcement standards and training aspects
Police officers are faced each day with a vast array of situations with which they must deal. No two situations they encounter are ever the same, even when examines a large number of situations over an extended period of time. The officers are usually in the position of having to make decisions on how to handle a specific matter alone, or with little additional advice and without immediate supervision. This is the heart of police discretion. As we shall find, the exercise of discretion by police has benefits and problems associated with such exercise. The unfettered use of discretion can lead to the denial of citizen rights. Strategies that control the use of discretion are, therefore, very important. The benefits and problems of police discretion and controlling strategies are the focus of this essay.
Was the intrusion based on a lawful objective, such as a valid arrest, detention, search, frisk, community warden guardian of mentally ill, defense of an officer or a citizen, or to prevent escape? If these answer yes then an officer may have legal ability to use the levels of force listed below to apprehend the suspect. Another list of things to consider when determining if it was a lawful use of force is; was the use of force relative to the person’s confrontation? Was there a crucial need to terminate the condition? Even though there is no duty to retreat, could the officer have used lesser force and still safely accomplish the lawful objective? These are the questions that the jury need to answer to determine if they should side with or against the officer in any court case brought to them that deals with such a controversial topic as this.
Over the years, this country has witnessed many cases of police brutality. It has become a controversial topic among communities that have seen police brutality take place in front of their homes. Officers are faced with many threatening situations everyday forcing them to make split second decisions and to expect the worst and hope for the best. Police officers are given the power to take any citizens rights away and even their lives. With that kind of power comes responsibility, that’s one major concern with the amount of discretion officers have is when to use force or when to use lethal force. The use of excessive force may or not be a large predicament but should be viewed by both the police and the community.
The focus is on the issues of police accountability in modern society, and in particular why their accountability is more important than other professions. This is not surprising considering the amount of power and discretion police officers have, and the level of trust that the public holds with these civil servants. Police officers accountability is the biggest thing in their profession which has been an issue of concern they have to be accountable to the police department who want the officer to be an effective and responsible person, to people in the community who have best expectation from an officer and being accountable to themselves for their acts. An ordinary citizen of a country cannot obtain the powers that police officer’s have.