What citizen can defend himself in court if they are shot dead by a law enforcement officer even before apprehension? The case of Tennessee v. Garner 471 U.S. 1 (1985) is a highly significant case in our nation’s criminal justice history. This case establishes a current day guideline for how a citizen’s Fourth Amendment rights and a law enforcement officer’s pursuit of a suspect may legally intersect. By interpreting the word seizure under the Fourth Amendment of the Bill of Rights to include the seizing of the defendant’s life. Tennessee v. Garner established that the use of deadly force might only become applied by law enforcement in instances where the officer has probable cause to believe the suspect to be a danger to either the public
One event that caused a huge uproar among the Houston populace occurred back in 2014. Writing for the news website Chron, Cindy George and Katherine Driessen (2015) reports “The officer, a 10-year veteran at that time, said Baker reacted uncooperatively when approached and ran into an alley behind the strip mall. Authorities have said the shooting happened behind the stores” (pg. 2). In the defense of the officer, Jordan Baker may very well have acted suspiciously via running away. However, does that justify the use of a gun against an ordinary unarmed civilian? Baker’s family does not think so and George and Driessen (2015) notes “The complaint asserts that Baker was ‘shot and killed without any lawful justification’ and accuses off-duty officer Juventino Castro of considering Baker a suspect because he was a black man in a hoodie” (pg. 2). There are two issues at play here: the use of unnecessary force and race. When it comes to the former, it is very hard to defend the usage of a gun unless Baker pulls one out himself. For the latter, it is also very hard to defend the officer considering HPD’s track record when dealing with racial minorities. Like many other police departments, HPD is no stranger when it comes to the accusation of racially profiling Houstonians. Baker’s family believes that race is in fact a factor contributing to the usage of gun. Judging by the huge uproar, many others appear to share their suspicion in regards to HPD officers being
According to the Washington Post article written by Rachel Weiner, in April of 2015, a 24-year-old mentally ill man named Jamycheal Mitchell was accused of stealing in Portsmouth, Virginia. He was ordered by a judge to be sent to a psychiatric hospital. Meanwhile, he stayed in the Virginia jail, waiting for a bed to be appointed to him. Mitchell did not receive the proper or necessary care and was later found dead after 5 months of being incarcerated in the jail. It was observed that he had lost a shocking 36 pounds, which rose multiple questions concerning his health during his incarcerated period. This jail was under investigation for violating Mitchell’s rights and is greatly to blame for his death due to their poor supervision, lack of
Enter Charles Kinsey, 47, a behavior therapist in the Miami area. This past Monday, while Kinsey was attempting to help one of his patients that has autism, he was shot in the leg. Prior to this, Kinsey can be shown on video trying to get his patient to listen to him, and also talking with the officer, all while his hand are in the air and he lies on back. After the officers withdrew their weapons, Kinsey explained that it was not necessary, as his patient only had a truck. Ensuing the fired shots, the officers handcuffed Kinsey, checked him for weapons, and left him on the ground without medical help for 20 minutes. When the officer was asked why he shot Kinsey, he replied that he didn 't know.
The dash cam video disclosed McDonald walking down South Pulaski Road in a Southwest side neighborhood with a knife in his hand, strolling away from officers. Van Dyke immediately began to fire six seconds after arriving on scene, taking only 15 seconds to fire 16 shots. (Drash, W. (2015, December 19). The killing of Laquan McDonald: The dash cam. CNN. Retrieved from http://www.cnn.com/2015/12/17/us/laquan-mcdonald-video-records-comparison/) What happened
The shooting occurred at the Fruitvale train station on January 1st, 2009. At the station, a fight broke out in one of the trains and when the train stopped the fight started again outside of the train at one of the stops. While they were fighting on the train the BART officers were called. The officers came and arrested everyone that was in the fight. A guy named Oscar Grant was in the fight and was also arrested (Meyer). While Grant was being arrested by Officer Mehserle, he resisted the officer’s attempts. Since Grant was resisting he was pushed onto the ground on his stomach to be handcuffed. Johannes Mehserle was having trouble handcuffing Grant so the other BART officers helped him. When Grant was on the ground Mehserle was going to tase him since he would not stop resisting. When Mehserle thought he pulled out his TASER, he instead pulled out his gun. Mehserle accidentally shot Grant with his gun since he thought he pulled out his TASER (Bulwa).
The reason this man is not in jail is because of Florida’s ‘Stand Your Ground’ law. This law allows people who feel threatened to use a deadly force upon the person they feel threatened by. The person is also not required to leave from their area. Although everyone may have different opinions upon the subject it must definitely help others to see there are a few issues in the United States gun laws. Over the past few years gun laws have become a lot more lenient. Thus causing firearms to fall into the wrong hands. Gun control laws need to be stricter because of lack of training, people’s mental State, and
A. The Plaintiff must prove unreasonable force was used to make a prima facie showing of battery.
Any serious crime committed in harm of someone should be treated identically to one against another person, regardless of his or her race, gender, or age. For 19 year old Zachary Hammond, that was not the case. In this occurrence, Hammond was unarmed fatally shot two times and killed by an undercover police officer trying to bust Hammond’s date for possession of marijuana for self defense purposes. The officer’s plea for defense was that Hammond was evidently approaching him with his car in a dangerous manner, yet the autopsy results beg to differ. The autopsy revealed that Hammond was in fact shot from behind with the bullets going from his back all the way through to his heart. However, the two gunshots were not even mentioned in the official
A few witnesses seen this encounter with Officer Wilson and Michael. They observed Wilson punch Michael and then proceeded to shot him in the back even though he wasn’t a potential threat, he had his hands up. There was other witnesses, including Wilson, saying that it was the opposite and that Michael tried to get a hold to the gun and tried to escape but ran towards Wilson when he fired the shots. There were no video that showed this incident happening whatsoever (Fan 408-9). After this incident, America wanted to see change, primarily with the body cameras being required by
While reading through the CNN news website I came across a tragic news story about a young teenager named Jesse James Romeo who was being shot at and killed by an officer after shooting at another officer earlier this week in LA. The suspicion of a gang related vandalism led up to Jesse’s horrible death. As LA officers were investigating the vandalism call, they encountered 2 suspects who fled the scene after being caught. One of the suspects was identified as Jesse J. Romero and was pronounced dead. LAPD Deputy Chief Robert Arcos stated that a nearby witness said that they saw the suspect with a handgun and shooting the weapon “in the direction of the pursing officers”. The mother of Jesse however is stating that her son was never a delinquent
During the night, as she is showering, getting ready for bed, a dark shadow figure comes behind the shower curtains and stabs Marion to death with a knife. Later on, Norman finds out about Marion’s death, he immediately blames it on her mother. He then carefully cleans up the crime scene, then he placed Marion’s dead body, possessions and all the money into the trunk of her car. He than sank her car in a flood of water near the motel.
At the time of this incident, he was unarmed and laying on his back with his hands in the air. He had an autism patient with him and was trying to help him. It is said that the officer who fired meant to shoot the autism patient, believing he had a gun. The patient, Arnaldo Eliud Rios did not have a gun but a toy fire-truck. Charles tried to explain to the cops that what Rios had in his hand was a toy, not a gun, and yet still was shot. Charles tried to tell Rios to get on his stomach, he was more worried about Rios than himself. “As long as I've got my hands up, they're not gonna shoot me, that's what I'm thinking," Kinsey said. "Wow, was I wrong." After being shot Charles asked the police officer who shot him, “why did you shoot me” his reply “I don’t know.” I believe that is just wrong, to shoot an unarmed person and have no clue whatsoever why you’ve done
I think Sam Westing got murdered by Judge Ford. I think that because no one thinks it´s Judge Ford.Judge Ford is always the one asking questions but she doesn't get asked questions. Her motive was she didn't want to pay him back for the boarding school he paid for her to go to when she was a kid.
In this passage from The Assassination of Jesse James by the Coward Robert Ford the author John Hanson uses many forms of narrative strategies to reveal the complex character of Jesse James. He uses narrative structure, tone, selection of detail, and contrast in each paragraph. By using all of these different elements he can capture every little detail of Jesse James to give the ready a lot of the information you need to decide for yourself if you believe that he, Jesse James is a good person or if he is overall just bad. Some people like Jesse James and others do not.