I'm wondering how widespread this line of thought is?

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do noit quote me but in most states in order to use a weapon(a gun) you have to be able to prove the perp had
1. ability( to cause harm or death

2. opportunity

3 intent

or you cannot us e deadly force
 
Posted by Ed Ames:
What we know as a fact is that the officer found himself in a situation where he considered, and discarded, using lethal force,...
We know for a fact that the officer is reported to have said that.

...and that decision was correct as evidenced by the fact that everyone lived, the perp is in jail, the officer able to talk about it too.
Nope.

That everyone lived does not prove that the officer's decision was correct. He put himself at risk unnecessarily, along with anyone else in the area who might have been injured had the attacker gained possession of and used the firearm.

And, of course, had the officer used deadly force, the attacker may well have lived.

That force was, with the benefit of hindsight, clearly not justified (officer survived without it, ergo it was not necessary).
Sorry, that's not the way it works, at all. Justification depends upon what a reasonable person, knowing what the actor knew at the time, would have believed necessary, and not upon the outcome.

[In response to " what 'standard training' would call for killing anyone?] Lol...all of the 21' rule, ...
That "rule" is a demonstration to show whether an attacker has the opportunity to use deadly force in a violent confrontation; no training calls for killing anyone.
 
Do not confuse being incredibly, unreasonably lucky with making a GOOD choice. Making the RIGHT choice.

Your interpretation depends on the belief that most people, given opportunity, prefer to kill one another.

Further, you are disregarding a critical factor: In most interactions, the initiator of conflict will be the escalator. This is because aggressive people are more likely to initiate contact.

In general life, the bad actor usually initiates contact. In other words, the mugger, carjacker, etc. If you are the victim in such an interaction, escalation is a real and dangerous likelihood.

In law enforcement, interactions are usually initiated by police. Therefore, there is no bias towards aggression on the part of the non-law-enforcement parties. This lowers the risk the officer faced. He wasn't confronting a person who had attacked and was primed to escalate.


Posted by Ed Ames:We know for a fact that the officer is reported to have said that.

If we are to disregard information because of the source, why not disregard that there was an incident at all?


We are unlikely to reach agreement on that one.

That everyone lived does not prove that the officer's decision was correct. He put himself at risk unnecessarily, along with anyone else in the area who might have been injured had the attacker gained possession of and used the firearm.

Everyone lived, the perp is in jail. Everything else is just armchair quarterbacking. You weren't there and you don't have the details he used to make his decision.

And, of course, had the officer used deadly force, the attacker may well have lived.

Unlikely.

Sorry, that's not the way it works, at all. Justification depends upon what a reasonable person, knowing what the actor knew at the time, would have believed necessary, and not upon the outcome.

Sorry, you are confusing courtroom standards designed to second guess "might have been" scenarios after the fact, with standards where empirical evidence exists. In other words, a court must decide what is reasonable after the perp is dead and nobody will ever know how things would have turned out without the use of deadly force. In this case, however, we know exactly how it turned out. We have hard facts, not reasonable opinions. When you have hard facts you use them.

That "rule" is a demonstration to show whether an attacker has the opportunity to use deadly force in a violent confrontation; no training calls for killing anyone.

The FBI's training position, which they share with state and local law enforcement, is that to "deprive an assailant of the ability to carry on [life threatening] actions requires neutralization of the central nervous system, either directly by injury to the brain or upper spinal column, or indirectly by depriving the brain of oxygen through massive blood loss." (Deadly Force: Constitutional Standards, Federal Policy Guidelines, and ...By John Michael Callahan)


Additionally, common police training recommends denial of immediate medical care to perps, on the pretext that the safety of caregivers cannot be assured.

That training, taken together, creates a situation where "stopping" by police action is very likely to result in homicide.

In contrast, non-le civilians are trained to immediately seek and/or render medical assistance.
 
Do not confuse being incredibly, unreasonably lucky with making a GOOD choice. Making the RIGHT choice.

Your interpretation depends on the belief that most people, given opportunity, prefer to kill one another.
Not necessarily. Beating a cop in the head with his own gun is an unacceptable act, not far enough removed from killing him outright to make much difference.

Further, you are disregarding a critical factor: In most interactions, the initiator of conflict will be the escalator. This is because aggressive people are more likely to initiate contact.

In general life, the bad actor usually initiates contact. In other words, the mugger, carjacker, etc. If you are the victim in such an interaction, escalation is a real and dangerous likelihood.

In law enforcement, interactions are usually initiated by police. Therefore, there is no bias towards aggression on the part of the non-law-enforcement parties. This lowers the risk the officer faced. He wasn't confronting a person who had attacked and was primed to escalate.
This is dancing on much too fine a pinhead to be of interest or value. The police officer had the DUTY to initiate the interaction, and by society's laws, was entirely in the right to do so. Any violent reply by the contact-ee is felonious and utterly deserving of not only corrective force, but a level of force necessary to stop the attack. The officer failed to apply such force, and came too close to dying because of his mistake.

Posted by Ed Ames:We know for a fact that the officer is reported to have said that.

If we are to disregard information because of the source, why not disregard that there was an incident at all?
This is a silly argument. The point being made is that this is a statement that could be taken at face value, but -- like many other statements we hear each day -- a second, less gullible, interpretation seems to be at least as likely to apply. In the end, it doesn't matter what the cop said. He did the wrong thing, justify it however he might.

Everyone lived, the perp is in jail. Everything else is just armchair quarterbacking. You weren't there and you don't have the details he used to make his decision.
But like many other very important discussions we have here in THR, "armchair quarterbacking" is the wrong way to look at it.

Our opinion doesn't matter to the people involved, to the triers of fact, or two the true timeline of events that happened. Our purpose here is not to cheer the good guys and boo the bad guys -- this isn't like spectating pro sports. Our purpose is to take the information we are provided and create lessons and deepen our understanding of how we might best act in certain similar circumstances.

To claim "everyone lived so it went right" is to call our ST&T forum's raison d'etre utterly valueless.

And, of course, had the officer used deadly force, the attacker may well have lived.

Unlikely.
Hardly. 80% of folks shot survive, including a lot of folks shot by officers. The officer should have used force adequate to stop the attack. He would have been entirely justified in using (potentially) lethal force under those conditions. Waiting around, lying unconscious on the ground, to see if the attacker will decide he doesn't want you to die today is a wholly unacceptable alternative.

Sorry, you are confusing courtroom standards designed to second guess "might have been" scenarios after the fact, with standards where empirical evidence exists. In other words, a court must decide what is reasonable after the perp is dead and nobody will ever know how things would have turned out without the use of deadly force. In this case, however, we know exactly how it turned out. We have hard facts, not reasonable opinions. When you have hard facts you use them.
But you're taking a bare, blinkered view of a few facts (no one died, perp ended up in jail) and saying everything that happened was the right thing, and what should have happened. That is not the case, and is an unsupportable assertion. Acceptable outcomes do not justify bad actions. And a cop beaten bloody and unconscious is NOT AN ACCEPTABLE OUTCOME, whether the perp lived or died.

It boggles the mind that you would claim that it is.

The FBI's training position, which they share with state and local law enforcement, is that to "deprive an assailant of the ability to carry on [life threatening] actions requires neutralization of the central nervous system, either directly by injury to the brain or upper spinal column, or indirectly by depriving the brain of oxygen through massive blood loss." (Deadly Force: Constitutional Standards, Federal Policy Guidelines, and ...By John Michael Callahan)
And that may cause death. Or may not. These are common themes every one of us is familiar with, here. The use of deadly force was justified. Either outcome was acceptable at that point, so long as the attack on the officer was stopped.

These are not novel, new concepts.

In contrast, non-le civilians are trained to immediately seek and/or render medical assistance.
Trained? By whom? I am not trained to render medical assistance to someone who just attacked me, and I don't know any non-le civilians who have been so trained.

Nor do I know of any situations where an average citizen has been prosecuted or successfully sued because they didn't render aid to someone whom they'd just justifiably shot. If that has ever happened, it must be quite rare, indeed.
 
Either way, cops cant win nowadays......[deleted] So going back to the thread, The officer in this case could not win. We weren't there, and we have no footage to prove one way or the other. But should this officer had shot (without footage) there would be uproar no matter what. Not shooting lead him to beat down. No win for this guy, because of ....[deleted]
 
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Jumbo Jim, I'll not argue against your point, but I will suggest that we aren't seeing something new and unique -- nor really (by any stretch of the imagination) something worse than has existed at many other points in history.

The historical record is absolutely full of examples of bad policing, oppression, police corruption and brutality, and the "little people" living in fear of running afoul of someone with a badge. In much of the world even today, police do (must?) supplement their incomes through daily petty bribery, and act as enforcers for the party or gang who hold power. It is simply a reality of life when some are enabled to act with force but the society around them has not evolved to the point of a true universal rule of law and recognition of human rights.

America in 2015 is a lot closer to that ideal than almost anywhere has been, ever. But it isn't yet perfect. (And probably won't ever be so.)

The advent of easy/cheap and universal recording gear is probably uncomfortable for a few cops, but really is a huge boon to the vast majority. Yes, acts that should be questioned are questioned in the public forum. That also means that some acts which are righteous, but uncomfortable, will also be so. But that's the price of a more omniscient concept of real justice.

The rise of public forums and immediate public discussions of police actions has the same effect. Real changes to policy, timely personnel corrections/changes, and more public communication between the force and the people, because chiefs and commissioners understand that they MUST, can only make things better than before.
 
Wow. Just...wow.

There are a whole lot of really...interesting...statements being made here.

"...common police training recommends denial of immediate medical care to perps, on the pretext that the safety of caregivers cannot be assured."

Granted, I'm not LEO, but HUH? Where does THAT come from?


"Sorry, you are confusing courtroom standards designed to second guess "might have been" scenarios after the fact..."

Again, HUH? The law is written for us to follow...and the purpose of the courtroom is to determine if the person who used deadly force acted in accordance with the law by the established standards by which the laws are written and enforced.

People can second guess all they wish...but the point is to determine whether or not the use of deadly force IN THAT SPECIFIC INSTANCE was justified in accordance with the law.


"The FBI's training position, which they share with state and local law enforcement, is that to "deprive an assailant of the ability to carry on [life threatening] actions requires neutralization of the central nervous system, either directly by injury to the brain or upper spinal column, or indirectly by depriving the brain of oxygen through massive blood loss." (Deadly Force: Constitutional Standards, Federal Policy Guidelines, and ...By John Michael Callahan)"

Again...HUH? Take this in full context, please! The context is a discussion of what deadly force is and, essentially, what it takes to maximize it. It's not a blanket authorization to kill. Two different critters. Related, to be sure, but not the same.


I'm noticing that, essentially, what you're saying is that "the ends justified the means". In otherwords, it's OK when someone violently assaults a police officer (or, by substitution, you or I), and then to allow that violent person to take his service weapon without making any attempt to use deadly force stop the encounter just because both people survived the encounter.

First of all, you're opening up a whole can of worms if "the ends justify the means". We have standards and laws because the means DO matter.

Second, there is no way to test the validity of your statement until a violent criminal in the act of physically assaulting a person gains control of the weapon and THEN does not use it to harm or kill someone with it. And who, in their right mind, would willingly consent to this on principle?


They say that the race isn't always to the swift, nor the fight to the strong...but that's the way to bet.

Likewise for the outcome of a physical assault like this. Betting the violent criminal who is beating your keister and taking your sidearm in the process WON'T use it against you or someone else ain't a smart wager, as tactics go.
 
Posted by Ed Ames:
We are unlikely to reach agreement on that one.
If you really do believe that the fact that an outcome did not happen to result in failure necessarily indicates that a decision was the right one, I would not want you teaching risk management, system engineering, workplace safety, water purification, reliability analysis, investment analysis, defensive tactics, structural design, mechanical engineering, emergency management, legal compliance, food preparation, decision-making, or just about anything else that I can think of.

Everyone lived, the perp is in jail.
As it turned out, yes.

Unlikely [that had the officer used deadly force, the attacker may well have lived].
See Sam's response. Your "knowledge" of the effects of handgun wounds is unrealistic and incorrect.

Sorry, you are confusing courtroom standards designed to second guess "might have been" scenarios after the fact, with standards where empirical evidence exists. In other words, a court must decide what is reasonable after the perp is dead and nobody will ever know how things would have turned out without the use of deadly force. In this case, however, we know exactly how it turned out. We have hard facts, not reasonable opinions. When you have hard facts you use them.
I was describing the legal standard for justification of the use of deadly force. That is the only standard that defines justification.

And yes, that is the way it is. No one knows how things might have turned out had deadly force not been employed.

Additionally, common police training recommends denial of immediate medical care to perps, on the pretext that the safety of caregivers cannot be assured.
I'm afraid your understanding is flawed. Of course the officer on the scene should not put himself at risk by getting too close to a violent criminal actor, nor should a civilian defender, but that is by no means the same thing as denying immediate medical care.

On August 9, a criminal opened fire on police officers in our area. He was shot by four officers, stopped, given immediate care, and rushed to surgery. He is still alive as of aug. 17.

That training, taken together, creates a situation where "stopping" by police action is very likely to result in homicide.
Do you happen to have any facts with which to support that contention?
 
Jumbo Jim, I'll not argue against your point, but I will suggest that we aren't seeing something new and unique -- nor really (by any stretch of the imagination) something worse than has existed at many other points in history.

The historical record is absolutely full of examples of bad policing, oppression, police corruption and brutality, and the "little people" living in fear of running afoul of someone with a badge. In much of the world even today, police do (must?) supplement their incomes through daily petty bribery, and act as enforcers for the party or gang who hold power. It is simply a reality of life when some are enabled to act with force but the society around them has not evolved to the point of a true universal rule of law and recognition of human rights.

America in 2015 is a lot closer to that ideal than almost anywhere has been, ever. But it isn't yet perfect. (And probably won't ever be so.)

The advent of easy/cheap and universal recording gear is probably uncomfortable for a few cops, but really is a huge boon to the vast majority. Yes, acts that should be questioned are questioned in the public forum. That also means that some acts which are righteous, but uncomfortable, will also be so. But that's the price of a more omniscient concept of real justice.

The rise of public forums and immediate public discussions of police actions has the same effect. Real changes to policy, timely personnel corrections/changes, and more public communication between the force and the people, because chiefs and commissioners understand that they MUST, can only make things better than before.
Oh I definitely don't think its new or unique either. But what I will say, having lived in a really nasty place for the six years I was in college, is that much of it harbored in the lower classes. You see, people of means didn't need cameras to prove they weren't lying. They had lawyers, and other means. Poor people had nothing. Until Nokia decided it was time to put cameras in phones. Now its like anything else. These bad cops out there still haven't gotten used to the fact that there's cameras out there. So that's why were seeing countless videos every single day. Its really making the police force look like horrible people (whether they are or not).

And as for this.
The advent of easy/cheap and universal recording gear is probably uncomfortable for a few cops, but really is a huge boon to the vast majority
.. If that were true, why are police and police unions trying hard to back legislation that would keep people from filming police? And please don't suggest something like for officer safety. That's just ridiculous.
 
Ed Ames, the profession's reputation may "work both ways" as you mentioned (post 49), but you had also said that one enters the profession with the desire that the way others carry it shape his own. I said that I didn't feel that way; most cops enter the profession to be "a cop", not to be a composite of all other cops.

I speak from experience, not from "armchair quarterbacking" those in the profession from outside it.
 
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And please don't suggest something like for officer safety. That's just ridiculous.
I don't think so. Real time images can be used by organized criminals to put police in serious danger.
 
Ed Ames writes:

That force was, with the benefit of hindsight, clearly not justified (officer survived without it, ergo it was not necessary).

So, you're saying that any deadly-force assault in which the victim survives is a situation in which a deadly-force response would not have been appropriate?

A young lady is accosted in an alley, and is subsequently raped at knifepoint. Her attacker then lets her go. In such a situation, are you saying that, had she had a means to defend herself that could have resulted in her attacker's death, that she would not have been justfied in using it since, ultimately, her rapist evidently had no intention of killing her (something she would not likely have known as the attack commenced)?

On which side of the Atlantic are you, again? This almost sounds like UK rhetoric.
 
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xxjumbojimboxx writes:

Nowadays everyone is right to fear the cops.

Everyone?

Holy cow! I didn't get that memo! I'll be sure to fear them from this moment on. In fact, I'll use the defense argued by a man who gunned down a uniformed deputy in my county a couple of years back, after what was expected to be a traffic stop. The defense being argued was that the suspect "feared attack" by the deputy, who was in uniform and driving a marked and lighted patrol car. The stop was during clear weather, and the middle of the day. :rolleyes:

Save some Kool-Aid for the kids, please; it's hot outside..


I realize that this thread is bringing even me down, and the poster ("Hard") who was among the first posting questionable material has had his posts removed, so I'll step back now..
 
.. If that were true, why are police and police unions trying hard to back legislation that would keep people from filming police? And please don't suggest something like for officer safety. That's just ridiculous.

Probably several reasons, but that point is countered heavily by the number of agencies that now insist on at least in-car cameras recording all interactions, and now many indeed requiring on-body cameras too!

The issue is not perfectly simple, but seems to be developing toward more accountability.
 
Nowadays everyone is right to fear the cops.
And with that incredibly stupid statement, the thread should end. Predictably, it became spun into yet another "what's wrong with law enforcement" debacle.

Pretty sure most Americans go through their daily routine without ever once thinking that they're supposed to fear police (unless they're knowingly speeding a spot the trooper coming up in their rear-view mirror).

By the way, Ed Ames, your "information" is riddled with serious errors and non-truths. I have to operate under a policy in which, if perchance I should use deadly force, I am bound to render medical assistance (once the threat has ceased) or ensure they receive medical aid, to anyone I shoot ...
 
I too wonder about the contention that since everyone involved survived, the officer's actions that resulted in him taking a beating was the correct one. :confused:

What would be the right perspective if the officer had died, but not the assailant? What would be the response if the assailant - now in possession of the officer's gun subsequently used it to kill others before he taken into custody, or as he was being taken into custody?

Apparently some believe that today's law enforcement officers are supposed to submit to being punching bags and/or potentially lethal assaults before they respond.

I am not one of them, and frankly I wouldn't want to be an officer today under present circumstances. I also think that certain "communities" are going to end up getting the kind of police protecting they deserve.

ALL LIVES MATTER!
 
Moderator hat on....


Folks, one more time, we can reply to the OP without making disparaging comments about law enforcement.

Should anyone insist, there are other places on the Internet for that.
 
And to the OPs question....

We have had a handful of officer involved shootings in our area since last August. A few come to mind.

One involved a strong armed robber who attacked an officer when questioned.

Another involved a man who attacked an officer with a knife.

Another involved a man who fired at an officer with a handgun; unfortunately, a judge had released the man from jail while he was awaiting trial on a weapons charge.

Another involved a man who fired at police officers; he had been out on bond after having been charged with stealing a firearm and several other crimes.

Of these, only the last one has not yet resulted in death. Of these, only the last did not result in public demonstrations that included attacks on police officers and destruction of property. But that one occurred during such an event.

Now, human nature would be expected to lead to a feeling of concern among police officers in this environment.

Whether any officer in our area has yet failed to use the appropriate amount of force due to that concern is unknown, as is the question of whetter that will happen in the future.
 
Probably several reasons, but that point is countered heavily by the number of agencies that now insist on at least in-car cameras recording all interactions, and now many indeed requiring on-body cameras too!

The issue is not perfectly simple, but seems to be developing toward more accountability.
Several cases recently resulted in officers being cleared of wrongdoing because their body cams proved their accusers were lying.
 
I'm not sure that he wouldn't have been justified in drawing his weapon.

You pull someone over and they remove themselves from the vehicle and do not return after being warned.
They continue to close distance between themselves and the Officer.
The Officer had someone in his vehicle that he was taking to the P.D. to question about something unrelated to this.

After all of that I would expect that he had all of the justification he need to draw his weapon. At that point the guy he pulled over is left with the decision if he wants to continue to his aggression toward an armed Officer.
The line of thought that not drawing and taking a beating that very well might end in death however is a very poor and negligent decision considering he was not only responsible for his own life, but also for the life of the other guy in his car.
Again, I think the prudent thing to do was to call in the car and follow it until a Traffic Officer could take over.
 
Kleanbore said:
That "rule" is a demonstration to show whether an attacker has the opportunity to use deadly force in a violent confrontation; no training calls for killing anyone.

Outside the military, this is true. Civilians and police train to "shoot to stop threat." Which is fine for those applications. Military shoot to kill. It is inaccurate to say no firearms training calls for shoot to kill.

On the subject of body cameras, again this was a DETECTIVE. Not a beat cop. A detective's interaction with the public is minimal compared to a beat cop. It is difficult enough for municipal or state governments to supply beat police officers with cameras let alone the detectives that rarely interact with the public.
 
Cops are not trained to " wing " a criminal.. no one trains to shoot someone in a non vital spot. All tactical training is concentrated on vital " Kill shot placement "..... you never see
a bulls eye, on the hand or leg of a tactical silhouette target.

i-BVr5LQ4-L.jpg
 
Cops have always had a tough job. Now with this political correctness attitude, brought on by the vote grabbing politicians... cops jobs have now become more dangerous then ever. They don't have the luxury of time when making a split second decision..
 
Outside the military, this is true. Civilians and police train to "shoot to stop threat." Which is fine for those applications. Military shoot to kill. It is inaccurate to say no firearms training calls for shoot to kill.

Just to clarify here:

As a deliberate act of engagement, the military applies deadly force with maximum lattitude in COMBAT. But still, the goal is to simply apply deadly force as effectively as possible in order to achieve the overall tactical and/or strategic goal...which is the submission of enemy forces to our own. If they submit...we stop trying to put holes in them. If they don't, we keep applying deadly force until they do, one way or the other.

Other than that, the rules are pretty much the same with respect to using deadly force, with the major difference being when servicemembers are authorized to use deadly force.

DoD Directive 5210.56 says:

"Deadly force is justified only under conditions of necessity and may be used only when
lesser means cannot be reasonably employed or have failed and the risk of death or serious
bodily harm to innocent persons is not increased by its use."


The definition of deadly force that I remember learning in the Navy is:

"Deadly Force is that amount of force which I know, or should know, will cause serious bodily harm or death, to be used as a last resort when all lesser means have failed or cannot be reasonably employed."


Just sayin'.

:)
 
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