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http://www.policeone.com/ferguson/articles/7782643-Why-Officer-Darren-Wilson-wasnt-indicted/
Justified Use of Force
The facts of the case showed that under Missouri law — and in accordance with Supreme Court precedent — Officer Wilson was justified in shooting Michael Brown.
In fact, compared to other police use-of-force cases, this incident was pretty simple and pretty easy to evaluate. Under Missouri law, a police officer is authorized to use force in self-defense (when in fear of death or great bodily harm to himself or another person) and to effect an arrest or prevent escape under certain prescribed conditions. Further, the City of Ferguson Police Department’s use of force policy (section 410.01) states:
“An officer may use lethal force only when the officer reasonably believes that the action is in defense of human life, including the officer's own life.”
Two court cases likely had some bearing in the grand jury’s decision-making process:
1. In Jones v. City of St. Louis, 92 F.Supp.2d 949 (E.D. Mo., 2000) the federal district court, in a lawsuit from the police use of deadly force, held that the use of deadly force is reasonable where the officer has probable cause to believe the suspect poses a threat of serious physical harm, either to the officer or others.
2. In Fitzgerald v. Patrick, 927 F.2d 1037 (8th Cir., 1991) the 8th circuit federal court of appeals, in another police use-of-force case out of Missouri, said law enforcement officers are justified in using deadly force in self-defense or in defense of a third person if a reasonable person in similar circumstance would believe it was necessary.
Still, the person who knows woefully little about police work will ask, “How can an officer be in fear of death or great bodily harm from an unarmed teenager?”
It really boils down to two things: An unarmed assailant can legitimately threaten life or great bodily harm to another person — even an officer — and an objectively reasonable officer in a similar position to Wilson would have done what Wilson did.
I agree!
Justified Use of Force
The facts of the case showed that under Missouri law — and in accordance with Supreme Court precedent — Officer Wilson was justified in shooting Michael Brown.
In fact, compared to other police use-of-force cases, this incident was pretty simple and pretty easy to evaluate. Under Missouri law, a police officer is authorized to use force in self-defense (when in fear of death or great bodily harm to himself or another person) and to effect an arrest or prevent escape under certain prescribed conditions. Further, the City of Ferguson Police Department’s use of force policy (section 410.01) states:
“An officer may use lethal force only when the officer reasonably believes that the action is in defense of human life, including the officer's own life.”
Two court cases likely had some bearing in the grand jury’s decision-making process:
1. In Jones v. City of St. Louis, 92 F.Supp.2d 949 (E.D. Mo., 2000) the federal district court, in a lawsuit from the police use of deadly force, held that the use of deadly force is reasonable where the officer has probable cause to believe the suspect poses a threat of serious physical harm, either to the officer or others.
2. In Fitzgerald v. Patrick, 927 F.2d 1037 (8th Cir., 1991) the 8th circuit federal court of appeals, in another police use-of-force case out of Missouri, said law enforcement officers are justified in using deadly force in self-defense or in defense of a third person if a reasonable person in similar circumstance would believe it was necessary.
Still, the person who knows woefully little about police work will ask, “How can an officer be in fear of death or great bodily harm from an unarmed teenager?”
It really boils down to two things: An unarmed assailant can legitimately threaten life or great bodily harm to another person — even an officer — and an objectively reasonable officer in a similar position to Wilson would have done what Wilson did.
I agree!
