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Congress needs to codify the provocation rule into federal law. Here’s what this means: Let’s say a cop breaks down your door without a warrant, or with a bad warrant. You reach for a knife, thinking he’s a criminal intruder. He shoots you, reasonably fearing for his life. 1/4
Currrently, the cop is only liable for the injury caused by breaking down your door. You reaching for a knife, though justified, is what made him shoot, also justified. But he isn’t liable for your injuries from his gunfire. Even though illegally ... 2/4 https://www.washingtonpost.com/opinions/2020/06/24/both-parties-police-reform-bills-are-underwhelming-heres-why/?itid=ap_radleybalko
... breaking down your door is what led to those injuries. Only cops get this sort protection under the law. In fact, a regular person would likely be charged with murder under the felony murder rule. The 9th Circuit was the only circuit to have a provocation rule to hold ... 3/4
... police accountable in this way.
SCOTUS struck it down in 2017.
Congress should revive it and make it federal law. https://www.google.com/amp/s/www.washingtonpost.com/news/the-watch/wp/2017/05/30/scotus-eliminates-the-provocation-rule/%3foutputType=amp
SCOTUS struck it down in 2017.
Congress should revive it and make it federal law. https://www.google.com/amp/s/www.washingtonpost.com/news/the-watch/wp/2017/05/30/scotus-eliminates-the-provocation-rule/%3foutputType=amp
