Police Use of Force. Why me and @lauferlaw see things differently than most. @LFredenhall @fairchild01 What is OK? A thread.
I'd like to use video examples, but I won't. First, the video you see on twitter usually leaves out important factual context, like what happened right before. Second, I believe it is physically/emotionally harmful to humans to watch killings. That's why the evils want us to
First lets talk SELF DEFENSE generally. Shooting or killing someone is perfectly legal in the law - if you can meet the defense. You have to show: imminent danger of harm and a proportional response (no guns versus pillows).
Most officer involved shootings are perfectly legit as self-defense. If you brandish a deadly weapon at an officer in a way that is a credible threat, you can't complain about being shot. If you try to take their gun, you will get shot.
Cops can use deadly force beyond self-defense: they can defend OTHERS from imminent threat of deadly force or serious bodily harm. THAT'S IT. Under no other "special" circumstances can an officer use deadly force.
Cops cannot use deadly force for failure to obey an order, lawful or not. They can't use deadly force because you are drunk, or because you are black, or because they've had a bad day -- not lawfully, anyway.
Cops do, however, have tremendous amounts of advantages in the courtroom in the event of a close call. For one: they are generally Union, and have sophisticated, knowledgeable connected counsel appointed for them as part of their benefits package. Good lawyers make a difference
They also have the natural tribal protection of other cops. Most investigations are done by cops; most witnesses are cops; and cops are generally judged by juries as much more credible than "regular" people.
Cops are also protected by this: if one cop opens fire, others often do to, because the more that fire, the more it will seem to a jury that everyone had an objectively reasonable belief of imminent harm. They aren't really trained that way but they know.
Cops also have this point to rest on: if you are armed and dangerous, or in a high speed pursuit, you may reasonably be considered to be an imminent danger, and therefore a cop may be justified in executing you. This is reality.
So let's talk about unjustified use of force. I saw multiple videos this week of cops walking in front of or into peaceful protests and initiating contact, then attacking the person. Instigating contact and then attacking is not justified or proportional use of force.
I saw lots of cops shooting projectiles (rubber, metal, pepper, etc.) at non-violent observers, journalists or people filming. There is zero justification for this use of force. To my mind, it is mere criminal assault.
I saw lots of cops using violent force against people who yelled mean things at police officers. This is not justified use of force. It's mere assault. Cops can't attack (legally) because their feefees are hurt.
Cops can use reasonable force to arrest someone, if the arrest is lawful, but can't beat or shoot people for merely refusing an "order" or refusing to answer a question. This is just abuse of power, sadism and assault.
I know lots that legitimately worry that cops will be put in a split second situation, make a judgment call, and be criminally charged if they make the wrong one. This is a legit concern, but TRUST ME, the law and the system protect cops' reasonable judgment calls.
The concerns expressed in the BLM movement are that cops rarely face consequences even when their actions are entirely unjustified. This perspective is true, and it is not isolated to black citizens. Or white cops.
As citizens, we have to demand that EVERYONE - cops included - comply with the law. Cops and citizens can't just beat people on a power trip.
If you dig this kind of thing, please follow. I try to get real answers out into the world.
For my two cents, there are two HUGE issues we can fix politically that would help a lot. First, the more guns on the street, the more threatened officers (and us all) feel. Second, the "drug war" creates millions of unneeded police/citizen interactions.
Drug distribution is just a business; turf wars should be settled in court, not with guns in the street. Drug money should be taxed, not used to buy off judges and officials. We could use that money for mental health care and legit community policing. Dirk out.
You can follow @DirkSchwenk.
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