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#76 | |
Ace of the Deep
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Here's perhaps a better line. If that had not been a cop but say a private citizen trying to citizen arrest that guy. Based on your understanding of the events, how likely would such a citizen be able to get himself off a prison sentence using the usual defenses? And if he won't be able to, how much extra slack should we give a cop? And why should we give them said slack, when if anything they should be more prepared to take a non-lethal solution than a regular citizen but ultimately did not? |
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#77 | |
Lucky Jack
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We can say this, officer are often provided information on stopped citizens. Run their name, license number, etc. Sometimes the same individual has had run-ins with the officer responding. Prior incidents and convictions are known. In short, heighten awareness. If said suspect has been known to carry weapons, resist arrest and a laundry list of other illegal activity it is probably not going to be a easy stop and question. It is very tough to say what one would do when having not experienced the same situation.
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“You're painfully alive in a drugged and dying culture.” ― Richard Yates, Revolutionary Road |
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#78 |
Fleet Admiral
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Unless we can demonstrate that the police knew any of this before they shot him, information about his past is irrelevant. The police did not know about his past so they could not have made any decision based on his past.
If I randomly shoot someone on the street and afterward I find out that they are a fleeing felon child molester, terrorist, mass murder, cannibal and even a country music fan, am I a hero or a villain? I am a villain. Despite taking out a person who deserves it, I did not know this when I randomly killed him. It all boils down to what was known and when was it known and that influences intent.
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abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right. |
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#79 | |
Lucky Jack
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“You're painfully alive in a drugged and dying culture.” ― Richard Yates, Revolutionary Road |
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#80 |
Fleet Admiral
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Did the police see him brandishing his weapon? I have not read that.
As for the second, if you have a person on the ground and multiple cops are on top of him and you see the person reaching for something, would not the prudent thing to do be to grab and restrain instead of disengaging and pulling your own weapon? In a grappling situation, I would think that pulling a weapon would be the last thing you want to do. I dunno. What I fear is that shooting people is no longer a last resort but the first reaction.
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abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right. |
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#81 |
Ocean Warrior
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A monster. I'm glad to live in a place where I have the given right to bear Hank Williams records and follow the pursuit of honky-tonkness.
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#82 | ||
Lucky Jack
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The call to 911 stated a man at a convenience store pointing a gun at people in the parking lot. No need to see it. It was called in as such. Police plan accordingly. Quote:
The officer used the first resort. Tazer. Twice from what I have read.
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“You're painfully alive in a drugged and dying culture.” ― Richard Yates, Revolutionary Road |
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#83 |
In the Brig
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There is a need to make an on-scene observation to determine if a person is armed and dangerous. The officer needs to articulate what the threat was and his reasons for shooting someone so that a reasonable person would understand and agree with. If he cant he's screwed. Being a reasonable person myself I cannot fathom why an officer would shoot someone based on what he heard through the grape vine (911).
So what if the tazer didnt work? Faulty equipment isnt a reason to shoot some either. Thats why they're taught to use soft/ hard empty hand control, baton, pepper spray, pressure points. An 'accidental' kick to the groin would have stopped him dead in his tracks too. ![]() Last edited by Rockstar; 07-14-16 at 06:48 AM. |
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#84 |
Wayfaring Stranger
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No but there was more to it than just a phone call. He was scuffling with two police officers while armed with a pistol.
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#85 |
In the Brig
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If he was resisting arrest and the officer saw a firearm. Then me thinks Johnny Law wont have any problems explaining why he did what he did.
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#86 |
Lucky Jack
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#87 | |
Lucky Jack
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Tazer #1 did not work. Tazer #2 did not work. The possibility of two non-functioning tazers is very high. But, he was down eventually. The one officer had trouble getting a hold of the suspects right hand. Baton=brutality. Let's face it on the baton. It will always be construed as brutality/excessive force when used. Pepper spray? The tazer did no good. Pepper spray is less effective IMO. Kick in the groin? Will be noted as brutality.
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“You're painfully alive in a drugged and dying culture.” ― Richard Yates, Revolutionary Road |
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#88 | ||
Ace of the Deep
![]() Join Date: Jan 2006
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Anyway, faced with this minor but persistent impediment to his freedom to walk the street without interference, Stirling took the decision to deploy his gun. This decision resolved the impediment with zero violence or actual injuries, something that won't be true if he chose to physically remove his impediment. Even if he met the objective and subjective elements of a crime here, he can actually justify it as self-defense using proportionate means (the threat was minor, but so was his zero-violence response). Though what was reported is in fact a non-crime, the police department decided not to leave well enough alone and sent 2 people to attack with electroshock weapons, reckless of the risk that their arrest may be unjustified and further that the "less-than-lethal" weapon will actually be a disproportionate response at best considering the low social dangerousness of the alleged offense. Even if he resisted the cops here, the fact that the basis of their arrest in the first place is a non-crime makes this an entrapment on the part of the police. He didn't have a "disposition" to resist police, at least not that day. The police decided to come arrest him for a non-crime, provoking this response. Eventually, with assistance from their electroshock weapons, the people from the Police Department successfully wrestle Stirling to the ground. Even if Stirling was reaching for his gun with intent to employ, at this point he has a reasonable fear for his life (considering they had already hit him with electroshock weaponry twice). The cops take the decision to just shoot Stirling dead (heat-of-passion murder, perhaps?). Quote:
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#89 | |
Lucky Jack
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Deploying a gun as self defense? Calls for a person brandishing a weapon at another is a non-crime? Low social dangerousness of the alleged offense? Welding a weapon is a low social dangerousness? Using a tazer is not the first resort. It is the first non-lethal resort when warranted. You paint the incident as guns a-blazing response and ask questions later.
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“You're painfully alive in a drugged and dying culture.” ― Richard Yates, Revolutionary Road |
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#90 |
Eternal Patrol
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'Black Lives Matter' protest leader finds out what it's like to be a cop.
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“Never do anything you can't take back.” —Rocky Russo |
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