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Correct me if I am wrong, but I thought a court determined that the deputy had no duty to charge in and defend anyone on site. If that is the case, why do citizens have to pay taxes to support the entity and why does the state have an exclusive on legal 'force'?
This discussion just reminded me too, I had read some time ago that the job of the police, no matter local, state or federal level, are only there to "maintain the general peace and order". I believe it was during the Heller case this was brought up too.
If you want to interpret the ruling word by word, it literally means that even if you were being mugged by some crackhead at gunpoint on the street, a police officer is not duty-bound to help YOU. He is duty-bound to take down the crackhead for the general peace of the society he has sworn to protect.
You're referring to the Castle Rock decision, back in 2005. Yeah, SCOTUS did us a real solid on that one.
From The Gray Lady: https://www.nytimes.com/2005/06/28/...ot-have-a-constitutional-duty-to-protect.html
I am not sure if the courts have ruled on this particular case, or if they will. Some victims parents have brought a case but I don't think it has hit the courts yet.Correct me if I am wrong, but I thought a court determined that the deputy had no duty to charge in and defend anyone on site. If that is the case, why do citizens have to pay taxes to support the entity and why does the state have an exclusive on legal 'force'?
I am not sure if the courts have ruled on this particular case, or if they will. Some victims parents have brought a case but I don't think it has hit the courts yet.
But the courts have ruled many many times that no government official has the duty to protect anyone single individual. Their duty is to the community as a whole. Which is absolutely how it should be.
If in fact that the courts ruled the government IS responsible for each and everyone's personal safety, well expect to have everyone rounded up and put in an individual padded cell "for your safety".
You can not force a person to endanger themselves. This is why we admire bravery and self sacrifice.
I am not saying the police officer at the school that day was not a coward. He was and is. When the SHTF you never know how someone will react. I am saying that for the reasons above I should be allowed to defend myself anywhere I stand. Because of the above statement I am the only one required to.
When an agency policy is too specific, it ties the agency to a specific course of action, and if this course of action is not taken, it opens the agency to the possibility of more law suits. Vague is better. If the policy had said that officers "shall" enter a building rather than "may" enter the building, the chances of a successful law suit would be higher. My agency used to try and write policies in such a manner as to leave them as much latitude, and expose them to as little civil liability as possible. This is not an uncommon way of writing policy.
Not in this case. This is a POLICY change. It's not law. Furthermore, the SCOTUS (twice) and multiple lower federal courts have ruled that government agencies have NO LEGAL DUTY to provide protection to citizens. Those precedents are effectively law. Policy does not supersede law. Ever.
This is a PR move and nothing more. It will have no effect on outcomes, nor will it change government agency liability.
You are correct, and I have long been aware of the "no duty to protect" ruling. I always found it interesting how agencies come up with their policies. I used to have to write and consult about various firearms policies. I didn't mind writing the firearms policies, but stayed as far away as I could from use of force policies, even though the two do have lots of areas of overlap.
It is interesting how changing one word from "may" to "will" or "shall" completely changes a policy and the agency direction. As you are most likely aware, even though an agency has a policy, that doesn't necessarily mean that the brass won't try and interpret the policy in some new manner.
Woman shouldn't be cops. They can't handle themselves physically and will go for the gun right away.Post #20
Yet they kept the coward on the force rather than weeding him out and hiring a man or woman who has the intestinal fortitude to do the job right.
Woman shouldn't be cops. They can't handle themselves physically and will go for the gun right away.
Height/strength/etc standards were there for a reason.
How many times has a woman cop been disarmed and third party innocents killed
They can be cops as soon as they successfully compete in non segregated sports like football soccer etc
The way the policy change has been presented in the media (perhaps intentionally) implies that the police will now "have a duty." I've had to explain to some friends on social media that it's not true. Ignorance is bliss, eh?
Are good cops ever posted to schools? It's always the puss or f up. Not the smart or hard charger
In law "shall" is a lot different than "may". They have to go in and alone if necessitated correctly. They also don't have time to help people that are injured or put up with any stupid bullshit. With this the public is just going to have to stomach any fallout as far as collateral damage. The police need to be immune when they enter to stop the threat. They don't go in with complete disregard for the victims but shit may happen and the police need to be duly protected and the public informed as such.
regardless of policy, any cocksucker that does not run into the fire when women or children are being killed, is a coward.
period
You want them to rush in and eliminate the threat and hold them accountable. You people are not thinking this through. The officer is no good dead if he has to take a bullet by the killer because of some political ROE.
I'm sad to say this is the first I've heard of this young man.Not too long after the Texas church shooting there was a massive apartment blaze in Bronx, NY started by an unattended stove. A US Army soldier who just returned home to be with his family rushed into the building, now engulfed in flames, and single-handedly helped between 6 and 16 people flee or carried them out, then ran back inside to see if any more people were trapped inside. He sacrificed his life doing a most noble act of chivalry.
Did he have to go in that building? Most certainly not. Did he go in anyway? He most certainly did, as the selfless hero he was.
Meet Emmanuel Mensah...A MAN amongst men:
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Unarmed coaches and teachers have no problem protecting kids with their lives in each of these shootings. Maybe we dont need police anymore. Or at least they should shut the fuck up with this hero bullshit and just admit they are revenue collectors and armed agents of the Dem and Repub parties. No interest in anything else.
I'm sad to say this is the first I've heard of this young man.
R
I just read this rather disturbing timeline of what happened at Parkland, just tonight.
It's a tough read, because the depth of incompetence is PROFOUND and SYSTEMIC.
projects.sun-sentinel.com/2018/sfl-parkland-school-shooting-critical-moments/
So stupid to blame a gun when government was that incompetent.
Everybody agrees with that. It is the liability the officer assumes once he enters. He does need some sort of tactical immunity once he makes that decision. He can't be held accountable for things he can't foresee.
Civilian hears shooting inside a school, enters school confronts citizen shooting other citizens, draws his carry pistol and shoots murderer dead,, viola,,,,
Cops arrive after citizen shoots the murderer. All is quiet, so cops enter building now that it's safe. Cops see citizen/hero and kill him/her cause he/she has a gun.
They will go in after they know it's safe.thats a possibility, if cops actually have the balls to enter building which evidence shows they dont so we shouldn't have that problem right?