What are your opinions on law enforcement shooting at vehicles just cause they vehicular assaulted them in a pursuit. I get it, its realistic and pretty much lawful but in the end it is just a game and everybody is here to have fun but what are your opinions on this?
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I honestly believe VAing shouldn’t immediately authorize full lethal force (unless they slam into you on the sidewalk, hit a scene, etcetc)
in my opinion it should only be authorized if they purposefully try desyncing you/running you into a crowd off the road & not if they slightly tap you
I’ve been seeing lately that some LEO’s jump in front of vehicles in order to get run over to “allow” lethal force
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problem is you have to draw the line in legal text, which is difficult and would require LEOs to have a lot of faith in their understanding and judgement of the law and situation
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You running over an officer (or attempting) is the fault of only your own.
You can report this to their command, I am pretty sure POST doesn’t teach this and the only time I ever stand in front of a vehicle is as DOC to prevent it from slamming into our checkpoint.
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If they weren’t able to use lethal force it’d be very hard to maintain a roleplaying atmosphere.
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DOJ and a lot of attorneys have already said they aren’t protected from being held criminally liable in that scenario
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its not like suicide is illegal
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no but you purposely jumping in front of a moving vehicle to shoot it is
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i mean to be honest you basically could,
try it as 2nd degree murder i suppose
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manslaughter or negligent homicide could be a better charge to try
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It is rare to convict a LEO for an on duty shooting with a charge that requires malice or premeditation
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negligent homicide yes
manslaughter there is no premeditation or malicious intent.
but i mean 2nd degree is w/ malicious intent, lacking premeditation.
malicious intent is “without just cause or reason, to commit a wrongful act that will result in harm to another. it is the intent to harm or do some evil purpose.”
i think 2nd deg murder and negligent could work fine
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US law definitions aren’t always applicable in FS law- thats like a LEO trying to justify shooting a fleeing shooter with Tennessee v. Garner in FS court
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im not using US law.
the definition of malicius intent i put isn’t even u.s law.
nor is the 2nd degree.
the 2nd degree definition is taken from the crim code.
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guess what
no bill establishes it, and ever will.
and it doesnt have to be a definition for the criminal code.
courts would supply the lay definition of “malice” contributed by the merriam webster
and again, 2nd degree doesn’t require premeditation, it just lacks it.
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Excuse me?
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2nd DEGREE MURDER DEFINITION FROM THE F.S CRIM CODE:
THAT I USED! in this FORUM!!
Second degree murder shall be the act of directly causing a death of another person with malicious intent, lacking premeditation.
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