Provoking Use of Force

Discussion in 'In The News' started by John, Jan 10, 2017.

  1. John

    John Well-Known Member

    http://lawofficer.com/news/supreme-court-to-consider-liability-for-provoking-use-of-force/
     
  2. Motech

    Motech Mr. Logorrhoea

    Location:
    Santa Cruz
    Name:
    Steve
    The pending appointment rears significant here for sure. Likely outcome is immunity.
     
  3. NeverSatisfied

    NeverSatisfied James Lucier

    Location:
    Gilroy
    Name:
    James
    So, it's possible that the court will say it's OK to force into any home without a warrant, and shoot everybody for no good reason other than "they scared us!", or " one if them scared us!" ??
     
  4. Motech

    Motech Mr. Logorrhoea

    Location:
    Santa Cruz
    Name:
    Steve
    I don't think they'll say that James. What they will probably do is follow the trends they've been setting for two generations now: officer immunity from civil liability of any job-related activity.
    It doesn't mean they'll be above the law. They still have to answer to criminal charges for criminal actions. But cops are never to be distracted by civil accountability. Just ask one.
     
  5. John

    John Well-Known Member

    Its a good, likely the only, way to do it. Besides the "cop" system shutting down overnight, recruiting would be near impossible. They serve the public good and are asked to stop threats before more harm can be done- its a no win gig.
     
    Motech likes this.
  6. Andrew

    Andrew This Land is Your Land

    Location:
    San Jose
    Name:
    Andrew

    I think this is the right course, that officers failing to follow documented policies are liable for their criminal acts, but are exonerated if they follow policy.

    Any civil liability for policies that are found short by the courts or where the officers fail to follow documented policies fall on the department.

    In this way officers are responsible for their individual conduct and departments are responsible for departmental conduct.
     
    Motech likes this.
  7. Motech

    Motech Mr. Logorrhoea

    Location:
    Santa Cruz
    Name:
    Steve
    No arguments over here. All soldiers and agents deserve a normal civilian life free of consequential paranoia over public policy.

    One observational angle:

    The progressive isolation from Jane Public and her communities; the ramping of paramilitary postures and hardware acquisition; the diminishing standards of lethal force judgment...

    These are tangible shifts we all can see, feel and (hopefully not) touch that have been advancing within our municipal police forces nationwide for unknown generations now.

    With coincidence rejected by creed all around, it is clear from this man's angle that the unwelcome shifts in local police force purpose from relationship, protection and service to isolation, enforcement and control are proportionally enabled by Supreme Court rulings that bestow ever-diminishing, moral accountability upon every citizen sporting dog tags or a badge.

    Where now is the line between public good and marshal control?
    How far will we go in exempting our government's agents from civil rights accountability?

    The Bill of Rights is like the old general with dementia: we express honor and reverence when you're looking, then snicker and gloat to his face when you're not.
     
  8. Classick

    Classick Off Topic King

    Location:
    Redwood City
    Name:
    Dave
    hard to initiate a criminal case against em though, if youre dead
     
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