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Kame House
The George Floyd Minneapolis Riot
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<blockquote data-quote="India Actual" data-source="post: 7913" data-attributes="member: 80"><p>That is without question justifiable lethal force. He was an imminent threat.</p><p></p><p>New issue being the situation in Atlanta with Rayshard Brooks. Yes, he did escalate the situation and fight the officers. Yes, he did strip a taser from one of them. He then attempted to flee. It becomes situationally murky how much of an imminent threat he was when he tried to fire the taser at the officer. They only have a 15ft range and one set of barbs per cartridge. It will have to be looked at very, very closely second by second of how the shooting unfolded to rule it justifiable or not.</p><p></p><p>Shooting fleeing felons unless they pose an imminent threat or are a violent offender like someone you have firsthand knowledge that committed murder, thereby articulating they’re a threat to public safety is against the Supreme court decision in Tennessee v. Garner. The actual use of force would be looked at under the auspices of Graham v. Connor under the reasonability test. Also known as the Core Graham Factors. Crime severity, Level of resistance, Imminence of Threat, and finally was the suspect fleeing? Courts used this test to weigh use of force under 4th amendment grounds. Because technically if a gov’t actor shoots you, for the purposes of constitutional rights, you are considered seized by the gov’t. Hence, why it’s looked at under the 4th. Before Graham they used to look at it under 8th amendment as cruel and unusual punishment but you had to prove state of mind which is near impossible. So there you go. I hope you just enjoyed your brief master class on criminal justice and Supreme court precedent.</p></blockquote><p></p>
[QUOTE="India Actual, post: 7913, member: 80"] That is without question justifiable lethal force. He was an imminent threat. New issue being the situation in Atlanta with Rayshard Brooks. Yes, he did escalate the situation and fight the officers. Yes, he did strip a taser from one of them. He then attempted to flee. It becomes situationally murky how much of an imminent threat he was when he tried to fire the taser at the officer. They only have a 15ft range and one set of barbs per cartridge. It will have to be looked at very, very closely second by second of how the shooting unfolded to rule it justifiable or not. Shooting fleeing felons unless they pose an imminent threat or are a violent offender like someone you have firsthand knowledge that committed murder, thereby articulating they’re a threat to public safety is against the Supreme court decision in Tennessee v. Garner. The actual use of force would be looked at under the auspices of Graham v. Connor under the reasonability test. Also known as the Core Graham Factors. Crime severity, Level of resistance, Imminence of Threat, and finally was the suspect fleeing? Courts used this test to weigh use of force under 4th amendment grounds. Because technically if a gov’t actor shoots you, for the purposes of constitutional rights, you are considered seized by the gov’t. Hence, why it’s looked at under the 4th. Before Graham they used to look at it under 8th amendment as cruel and unusual punishment but you had to prove state of mind which is near impossible. So there you go. I hope you just enjoyed your brief master class on criminal justice and Supreme court precedent. [/QUOTE]
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