HomeLatest ThreadsGreatest ThreadsForums & GroupsMy SubscriptionsMy Posts
DU Home » Latest Threads » Forums & Groups » Main » General Discussion (Forum) » Lawrence O'Donnell uncove... » Reply #72

Response to marym625 (Reply #67)

Thu Nov 27, 2014, 09:02 PM

72. More from him

The Missouri statute says that a police officer can use deadly force in trying to arrest a person they suspect has committed any felony. But in the Garner case, the Supreme Court ruled that using deadly force was unreasonable when it was used in trying to stop a fleeing felon who hadn’t committed a violent felony or who wasn’t dangerous (the facts of Garner involved police shooting at a burglar trying to climb over a fence).“Where the suspect poses no immediate threat to the officer and no threat to others,” the court wrote, “the harm resulting from failing to apprehend him does not justify the use of deadly force to do so.”

Missouri’s statute as written allows police officers to use deadly force to arrest someone who is guilty, say, only of forging a check. As a matter of a state criminal prosecution of a police officer, this inconsistency doesn’t matter. There is no requirement that state law fit with the standards for a federal civil rights suit against a police officer, which is what Garner was. If the attorneys supervising the grand jury thought that Garner somehow “overrides” the state statute, they were wrong.

But that doesn’t mean that the lawyers shouldn’t have given the grand jury their revised statement of the law — whatever exactly it was (I haven’t found it in the files given to us, and we may never see it). The Garner standard is the more sensible standard. In fact, the Missouri pattern jury instructions (the instructions judges have to read if a law enforcement officer’s use of force is at issue at trial) already adopt the Garner standard. till, Missouri law stands unchanged.

Of course, it may be that Wilson’s use of deadly force was justified even under the higher, Garner standard. Garner also says that deadly force may be used “if the suspect threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction or threatened infliction of serious physical harm.” What we will be debating (and what we should be debating) is whether when Wilson shot Brown, he was shooting at a violent felon or (to quote another passage from Garner) shooting at an “unarmed, nondangerous suspect.”

http://news.stlpublicradio.org/post/commentary-wilson-case-illustrates-why-we-should-change-missouri-s-use-force-law

Credentials


Professor Chad Flanders joined the SLU LAW faculty in 2009. He teaches and writes in the areas of criminal law, constitutional law, and the philosophy of law.

Prof. Flanders received his doctorate in philosophy from the University of Chicago in 2004 and his law degree from Yale Law School in 2007. After law school, Prof. Flanders served as a law clerk to the Hon. Warren Matthews on the Alaska Supreme Court and the Hon. Michael McConnell on the Tenth Circuit Court of Appeals.

Since arriving at SLU, Prof. Flanders has published more than 20 articles or essays in journals such as the Florida Law Review, the California Law Review, the Missouri Law Review and the Alaska Law Review, and his work on Bush v. Gore has been cited by state and federal courts. He has also written numerous opinion pieces for national and local newspapers, including the Chicago Tribune, the St. Louis Post-Dispatch, and Politico.

In the 2012-2013 academic year Prof. Flanders was a Fulbright Lecturer at Nanjing University, China. During 2013-2014 Flanders was a visiting professor at DePaul University School of Law.
http://www.slu.edu/colleges/law/slulaw/faculty/cflande2

Reply to this post

Back to OP Alert abuse Link to post in-thread

Always highlight: 10 newest replies | Replies posted after I mark a forum
Replies to this discussion thread
Arrow 115 replies Author Time Post
20score Nov 2014 OP
shenmue Nov 2014 #1
drray23 Nov 2014 #2
marym625 Nov 2014 #44
marym625 Nov 2014 #55
still_one Nov 2014 #3
LawDeeDah Nov 2014 #4
SunSeeker Nov 2014 #14
Judi Lynn Nov 2014 #22
valerief Nov 2014 #34
Wella Nov 2014 #5
20score Nov 2014 #7
Cha Nov 2014 #15
20score Nov 2014 #18
KoKo Nov 2014 #60
Kingofalldems Nov 2014 #6
Shrike47 Nov 2014 #8
dixiegrrrrl Nov 2014 #13
toddwv Nov 2014 #46
WinkyDink Nov 2014 #50
billhicks76 Nov 2014 #85
calimary Nov 2014 #114
marym625 Nov 2014 #77
Mike Niendorff Nov 2014 #9
enough Nov 2014 #10
samsingh Nov 2014 #11
BrotherIvan Nov 2014 #12
valerief Nov 2014 #35
SunSeeker Nov 2014 #16
Locrian Nov 2014 #17
morningfog Nov 2014 #19
woolldog Nov 2014 #49
marym625 Nov 2014 #57
Number23 Nov 2014 #20
SidneyR Nov 2014 #21
BrotherIvan Nov 2014 #53
lovemydog Nov 2014 #102
JonLP24 Nov 2014 #23
strategery blunder Nov 2014 #29
bettyellen Nov 2014 #32
ReRe Nov 2014 #36
JonLP24 Nov 2014 #37
marym625 Nov 2014 #61
JonLP24 Nov 2014 #65
marym625 Nov 2014 #67
JonLP24 Nov 2014 #69
marym625 Nov 2014 #71
LineLineLineLineLineLineLineReply More from him
JonLP24 Nov 2014 #72
marym625 Nov 2014 #75
JonLP24 Nov 2014 #86
marym625 Nov 2014 #87
JonLP24 Nov 2014 #88
marym625 Nov 2014 #89
marym625 Nov 2014 #91
JonLP24 Nov 2014 #93
marym625 Nov 2014 #95
JonLP24 Nov 2014 #96
marym625 Nov 2014 #98
Jim Lane Nov 2014 #104
marym625 Nov 2014 #108
marym625 Nov 2014 #111
marym625 Nov 2014 #52
boston bean Nov 2014 #63
marym625 Nov 2014 #64
WinkyDink Nov 2014 #56
heaven05 Nov 2014 #24
icymist Nov 2014 #25
LineReply +
underpants Nov 2014 #26
Suich Nov 2014 #27
20score Nov 2014 #43
Cha Nov 2014 #28
20score Nov 2014 #42
Enthusiast Nov 2014 #30
H2O Man Nov 2014 #31
List left Nov 2014 #33
ReRe Nov 2014 #38
davidn3600 Nov 2014 #39
20score Nov 2014 #41
passiveporcupine Nov 2014 #40
marym625 Nov 2014 #45
Bjorn Against Nov 2014 #51
BrotherIvan Nov 2014 #54
marym625 Nov 2014 #66
eppur_se_muova Nov 2014 #74
marym625 Nov 2014 #76
azmom Nov 2014 #106
WinkyDink Nov 2014 #59
marym625 Nov 2014 #47
The Wizard Nov 2014 #48
WinkyDink Nov 2014 #62
BrotherIvan Nov 2014 #58
shanti Nov 2014 #68
loyalsister Nov 2014 #70
KingCharlemagne Nov 2014 #73
nikto Nov 2014 #78
JEB Nov 2014 #79
LawDeeDah Nov 2014 #80
Thespian2 Nov 2014 #81
sadoldgirl Nov 2014 #82
lonestarnot Nov 2014 #83
Takket Nov 2014 #84
Overseas Nov 2014 #90
Cha Nov 2014 #92
Jack Rabbit Nov 2014 #94
Iwillnevergiveup Nov 2014 #97
Lefergus70 Nov 2014 #99
blkmusclmachine Nov 2014 #100
baldguy Nov 2014 #101
blackspade Nov 2014 #103
Gothmog Nov 2014 #105
1StrongBlackMan Nov 2014 #107
cantbeserious Nov 2014 #109
Spazito Nov 2014 #110
SweetieD Nov 2014 #112
INdemo Nov 2014 #113
uponit7771 Dec 2014 #115
Please login to view edit histories.