The Use of Deadly Force by A Police Officer. Law Essay (Essay Sample)
Answer the Five questions after reading texts. Please follow the instructions and requirements carefully. Thx.
Subject: The Use of Deadly Force by A Police Officer
Please read the facts from a 2015 Supreme Court case (pages 289, 290 of the textbook, Chapter 8, Police and The Rule of Law). Also find by search engine : Mullenix v Luna/Supreme Court /USLaw /LII/ Legal. Reading the court case document may be challenging, but I know you all can do it. The case was accepted by the Supreme Court for review. Issues of Interest: The use of deadly force by police, our 4th amendment rights, “dangerous fleeing felons” and the threat that they pose, and “police officer immunity”. We have discussed “qualified immunity” in one of our last face to face classes. Qualified immunity is the civil and criminal “protection” provided to law enforcement officers in the performance of their official duty, errors and accidents included. Police Officers cannot be sued personally when performing their police duties. However, when a police officer commits acts that violate the law, should that police officer still have qualified immunity? After reading the text pages and the U.S. Supreme Court Decision, please answer the following question(s}:
1) Was the force used by Police Officer Chadrin Mullenix justified? (Please explain your answer with facts).
2) Should the Police Officers at the scene have handled the situation differently? (Please explain your reasoning with facts).
3) Comment on the risks related to police performing their duty, and their right to immunity from civil suits. Explain the rule of law, and the color of law & how police are trained and managed.
4) What was the decision made by the U.S. Supreme Court?
5) Please comment on the opinion of Justice Antonin Scalia. Also comment on the opinion of Justice Sonia Sotomayor. Please provide your own opinion on the ruling, and the case in general.
Read the case carefully. All comments and questions are welcome.
The Use of Deadly Force
Law enforcement officers, especially the police all over the world are always under criticism because of their presumed excessive use of deadly force otherwise referred to as lethal force. Fortunately, most countries have put measures in place to demarcate on the use of deadly force by either a civilian or law enforcement officers. The Fourth Amendment, which constitutes the bill of rights in the American constitution justifies the use of deadly force by a police officer during searches and seizure on condition that it is reasonable. However, these privileges may be bungled to an extend that requires court intervention.
The use of lethal force is admissible if and only if it is objectively reasonable (US Const. Amend. IV). In essence, the use of excessive force can apply where there is an impending danger to a fellow officer or a bystander. Also, in a case where the suspect poses a thread and in possession of a lethal weapon, the officer has the jurisdiction to execute. In Mullenix v. Luna, Officer Baker had informed officer Mullenix that Israel had started lowering his speed meaning he was on the verge of giving up. Mullenix had an obligation to wait since their first contingent plan was to use spikes to stop Israel. Neither did Mullenix had a prior experience with overpass shooting nor the training necessary to stop Israel.
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