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Alleged Crimes -- Civil Action
The four alleged crimes in this scenario are: a) an alleged armed robbery and assault on a woman at 2:00 A.M. in a high-crime area; b) an individual refused to comply with an officer's commands; c) that individual was found to be in possession of illegal substances (possibly cocaine); and d) providing false information from the woman who alleged she was robbed and assaulted.
Review of the scenario
The officer was in full uniform and so even though it was nighttime, he could be recognized as a bona fide law enforcement officer. Clearly the woman was lying to protect her husband -- albeit he had apparently assaulted her because she was bleeding -- and that behavior (lying to a police officer) brings the possibility of criminal sanctions.
The assault on the wife is a felony domestic abuse incident, though even though the wife lied to protect her spouse, he is going to be arrested for domestic violence. Of course there are laws against possession of drugs, so the fellow who was shot is up for some felony punishment once the substance in his pocket is proven to be a controlled substance. As to the police shooting of the man with drugs, this opens up the...
A good attorney could make a case in court that there was no justification for the officer to shoot the man (albeit, he was reaching into his pocket); the officer was 7 feet from the man and could have used a Taser, or could have held the man at gunpoint with his hand in his pocket.
Civil action
Regarding the use of police power, it is well-known that police have "broad powers to carry out their duties," and they are backed up by the U.S. Constitution and other laws as far as their jurisdiction and authority is concerned (Findlaw.com, 2011). But when police officers abuse their authority, and violate the civil rights of citizens, they can be brought to justice.
As a general rule police are immune from suits vis-a-vis the performance of their duties, but if their conduct is "willful" and "unreasonable," they can face civil penalties (Findlaw.com). However, just being negligent -- failure to "exercise due care" -- is not sufficient to justify a liability against an officer. Civil rights violations of police actions only kick in when " ... willful police conduct violates an individual's constitutional rights," Findlaw.com explains.
Case…
Works Cited
Berardini, N. (2015). Opinion: How de-escalation is bad business for Taser International.
MSNBC. Retrieved November 21, 2015, from http://www.msnbc.com.
Findlaw. (2011). Police Misconduct and Civil Rights. Retrieved November 21, 2015, from http://civilrights.findlaw.com.
Travis, A. (2014). Police use of Tasers continues to rise. The Guardian. Retrieved November 21, 2015, from http://www.theguardian.com.
If the suspect's injuries required medical attention, though, the use of force might be considered excessive. Each case is considered on an individual basis. Such elements as the officer's size, the suspect's size, the severity of any injury incurred, and the severity of the crime under question will all be taken into account. When defining "excessive force," uninvolved officers who are considered to be reasonable and prudent will provide a
ROCHIN V. CALIFORNIA Summary of the Facts - On the morning of July 1, 1949, three deputy sheriffs from Los Angeles County believed that Rochin was selling narcotics. The sheriffs found Rochin's door open, and entered the premises in which he lived with his mother, common-law wife, and siblings. When the officers forced open the second floor door (Rochin's room) they found him sitting partially undressed on the side of
School Culture on School Safety Many studies have been done on safety in schools. Likewise, many studies have been done on the culture of various schools. Unfortunately, there has not been significant research on a link between the two. This is not to say that these kinds of studies have not been done, but rather that there has not been enough of them. Many of the studies that have been