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- Path: sparky!uunet!ogicse!emory!wupost!darwin.sura.net!haven.umd.edu!mimsy!chpc.org
- From: rboudrie@chpc.org (Rob Boudrie)
- Newsgroups: rec.guns
- Subject: Re: Bad tactical position ( was Psychology in Defense)
- Message-ID: <1992Nov16.203906.24742@chpc.org>
- Date: 16 Nov 92 23:09:47 GMT
- Article-I.D.: chpc.1992Nov16.203906.24742
- Sender: magnum@mimsy.umd.edu
- Organization: Center For High Perf. Computing of WPI; Marlboro Ma
- Lines: 71
- Approved: gun-control@cs.umd.edu
-
- #Please. How about getting put on administrative leave for a long time while
- #the Internal Affiars Unit, the County Attorney's office, the City Manager's
- #office, the local human right's commission, the US attorney's office, the FBI,
- #the Justice Department, and the local news media review your actions and decide
- #over the course of several months to years what you had a second or so to
- #decide. As an officer, you will get reviewed by administrative law, civil law
- #and criminal law. If Internal Affiar's decides that you violated the
- #departmental policy, you can kiss your butt (and your job and pension) goodbye.
-
- The civilian can kiss his/her job goodbye (hard to keep working while fighting
- a major felony charge), and expect all their pension assets to be liquidated
- to pay legal fees.
-
- Also, the police officer is far LESS likely to be charged with or convicted of
- criminal charges that the civilian.
-
- The police officer will ALMOST CERTAINLY be let out on personal recognizance,
- whereas the civilian might have trouble raising bail.
-
- The civilian will (at least in Massachusetts) face an administratively
- automatic arraignment for morder/homocide/whatever (requiring a jail stay
- or posting of bail). The police officer will not be arraigned or charged
- until AFTER eveidence of wrongdoing is uncovered.
-
- The police officer will not face insinuations that (s)he was a bit "strange"
- because (s)he carried a gun, not will they face ostracism from co workers like
- most civilians will.
-
- #Heaven help you went the victim's family's defense counsel get's done with you.
-
- If you ever have the extreme misfortune to shoot someone (be you police of
- civilian), remember it is bad form to refer the the shootee as the "victim" -
- better to use the term "subject", "felon", or "attacker" (as appropriate for
- the circumstances).
-
- #Now you can not only kiss your job and your pension goodbye, but also the house
- #and anything you will have to sell to pay the civil penalties.
- #
- #Or let's say you win the civil case, now you have almost as much money owed in
- #legal fees that if you would have lost the case.
- #
-
- To what extent will the city, the PD, and the patrolmen's union assist
- with the legal defense (fees) of an officer sued by the recipient of
- an erroneous shot? [ note: Massachusetts General Law limits liability for
- a public official causing death in the comission o fhis duties to $100K
- except in exceptional circumstances ]
-
- #Can you say "highly actionable tort"?
- #
- #Also try and understand that most officers who use deadly force end up
- #resigning several years afterwards. Many of them just never get over it.
- #Fortunately most officers never have to use deadly force...
- #
- #And they wonder why most officers die at age 57...
- #
-
- Could it be the cholesterol in donuts? :) :) :)
-
- #
- #Eric Huber
- #Mankato State University
- #Law Enforcement Program
- #
- #
-
- Corrections and disagreements welcome...
-
-
- Rob Boudrie
- rboudrie@chpc.org
-