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?
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
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
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.
If they weren’t able to use lethal force it’d be very hard to maintain a roleplaying atmosphere.
DOJ and a lot of attorneys have already said they aren’t protected from being held criminally liable in that scenario
its not like suicide is illegal
no but you purposely jumping in front of a moving vehicle to shoot it is
i mean to be honest you basically could,
try it as 2nd degree murder i suppose
manslaughter or negligent homicide could be a better charge to try
It is rare to convict a LEO for an on duty shooting with a charge that requires malice or premeditation
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
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
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.
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.
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.