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In Reply to: Resisting arrest is not justification for killing posted by Dave_K on April 15, 2021 at 12:01:47:
"If an arrestee is actively resisting an officer, the officer may take reasonable measures to control the subject and take him or her into custody. These reasonable measures or tactics include standing control, takedowns, ground control, and the use of less-lethal weapons such as electronic control devices (TASERs) and O.C. spray."
If we all agree on the rule, then the single moral and legal question is whether Officer Potter in that instant thought she had a TASER in her hand rather than a Glock. We can't read her mind, we can only see her actions. And we can know whether she was sober and not on drugs.
I doubt that the prosecution will find a single psychologist trained outside of North Korea who would claim that a person can never in heat of battle be mistaken in the way that Potter appears to have been.
"Horse sense is the thing a horse has which keeps it from betting on people. "
― W.C. Fields
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Follow Ups
- Agreed. I found the following rule... - Jay Buridan 04/16/2106:08:42 04/16/21 (4)
- "Oops, my bad" is not an acceptable excuse - Dave_K 08:36:34 04/16/21 (1)
- Agreed, it's no excuse - Jay Buridan 13:51:03 04/16/21 (0)
- RE: Agreed. I found the following rule... - mg16 06:34:49 04/16/21 (1)
- Wasn't she executing an arrest warrant? - Jay Buridan 07:09:34 04/16/21 (0)