Police Patrol Scenario The actions of Officers Smith and Jones must be considered separately. Officer Jones merely aimed his weapon at the occupants of the vehicle. He did not approach the vehicle or fire his weapon. His actions were entirely appropriate to the situation from both a legal and moral perspective. The legal and moral justification of Officer Smith's...
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Police Patrol Scenario The actions of Officers Smith and Jones must be considered separately. Officer Jones merely aimed his weapon at the occupants of the vehicle. He did not approach the vehicle or fire his weapon. His actions were entirely appropriate to the situation from both a legal and moral perspective. The legal and moral justification of Officer Smith's actions is less clear. Legally, officer Smith reasonably believed her life was in immediate danger as a result of the driver's actions, and was therefore justified in shooting him.
The occupants of the car had committed a violent felony and were believed to be carrying concealed firearms. Officer Smith reasonably and correctly believed the occupants to be the robbers, based on the appearance of the vehicle, and the occupants themselves. When the driver suddenly reached inside his jacket - a likely hiding place for a handgun. At that point, Officer Smith reasonably believed that the driver had made the decision to kill her, had the ability to do so and was attempting to end her life.
Under these circumstances, any person has the right to use deadly force in self-defense. The moral justification of Officer Smith's actions is less clear. Any discussion involving morality requires that morality be defined. Some people define morality in terms of established religious doctrine or natural law. Some even equate morality with following the law and other established rules. I define morality in terms of personal freedom. An action, such as killing someone or stealing something that takes away from the personal freedom of another is generally immoral.
An otherwise immoral action is moral in a situation where the action prevents a more immoral action. Someone who attempts an immoral action gives up his right not to be prevented from taking that action, by whatever amount of force is required to do so. Shooting someone who is about to shoot you is moral because someone attempting murder does not have a right not to be killed.
Once she was next to the car, and the driver appeared to be drawing a gun to shoot her, Smith was morally justified in shooting him. Smith's decision to approach the car when she believed that the occupants were armed robbers demonstrated extremely poor judgment. Recklessly creating a situation that increases the required amount of force is immoral. Officer Smith should have ordered the occupants out of the car from the cover of her own vehicle.
Using cover effectively would have required the occupants to take far more overt action, getting out of the car and turning around, in order to be a threat to the officers. Officer Smith unnecessarily increased the danger to herself, and therefore the risk that she would have to use deadly force. Creating a dangerous situation for others is immoral, and that was the result of Officer Smith approaching the car.
Some might argue that the death of an armed robber may be a net positive for society, but death is an excessive punishment for robbery, and the police do not have the moral, or legal authority to appoint themselves judge, jury and executioner upon encountering criminals on the street. My assessment of the situation would not change if the occupants were Portuguese tourists. I can only judge Officer Smith based on what she knew.
Information gained after a decision is made may serve to validate correctness of the decision, but has no bearing on its justification. Officer Smith is legally obligated to make her decision based on the information available to her. The fact that the occupants turned out to.
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