martybegan
Diamond Member
- Apr 5, 2010
- 83,009
- 34,353
- 2,300
Well under the nessasary standard even if the kid pointed said toy gun at the cop the cop would be liable for shooting him, because the cop was never in any real danger. of course the cop wouldn't know that until after the fact.
I also noticed you didn't answer my specific scenario, and instead brought up another example.
The issue isn't changing the standard, the issue is holding them to a stronger version of "reasonable"
A cop making sure that a threat is real isn't too much to ask for. Too many kids with plastic guns being killed, and people reaching for their ID being shot. Yes, being a cop is a dangerous job, but they knew the danger before they took the job, and they don't have a right to kill people every time they are in doubt.
If the gun is real instead of plastic his first indication is a bullet in him or her.
Changing the standard to nessasary is an overreaction that would lead to mass resignations of police officers, or police officers not going on any calls anymore without SWAT backup.
And sometimes an ID is reached for, sometimes a gun is reached for, so basically the cops would only be able to shoot back AFTER the other side fires their first bullet.
So the SOP should be to shoot when a person reaches for his wallet, even after the cop told him to show his license? Your Cop, Judge, Jury, and Executioner attitude is why cops are receiving less respect by the day. The badge makes you a cop. It doesn't make you God.
That's not what I am saying and you know it. You don't want to admit a "nessasary" standard would make cops liable for shooting someone running at them unarmed, liable if some idiot pulled a toy gun out or aimed one at them, liable if they were only armed with a knife 50 feet away from them but moving slowly towards them (when would it be "nessasary" to shoot them at that point?)
I'm not sure. I know of one incident where a man with one arm and one leg in a wheelchair , in a well lit room and armed with a ball point pin was shot and killed because the cops were afraid for their lives. Yes, the cops knew it was only a ball point pen.
Then what is needed is a proper definition of reasonable and the elimination of most forms of qualified immunity, not changing the standard to nessasary.