From: rboudrie@chpc.org (Rob Boudrie)
Newsgroups: rec.guns
Subject: Re: Bad tactical position ( was Psychology in Defense)
Date: 16 Nov 92 23:09:47 GMT
Article-I.D.: chpc.1992Nov16.203906.24742
Organization: Center For High Perf. Computing of WPI; Marlboro Ma

#Please.  How about getting put on administrative leave for a long time while
#the Internal Affiars Unit, the County Attorney's office, the City Manager's
#office, the local human right's commission, the US attorney's office, the FBI,
#the Justice Department, and the local news media review your actions and decide
#over the course of several months to years what you had a second or so to
#decide.  As an officer, you will get reviewed by administrative law, civil law
#and criminal law.  If Internal Affiar's decides that you violated the
#departmental policy, you can kiss your butt (and your job and pension) goodbye. 

The civilian can kiss his/her job goodbye (hard to keep working while fighting
a major felony charge), and expect all their pension assets to be liquidated 
to pay legal fees. 

Also, the police officer is far LESS likely to be charged with or convicted of
criminal charges that the civilian.

The police officer will ALMOST CERTAINLY be let out on personal recognizance,
whereas the civilian might have trouble raising bail.

The civilian will (at least in Massachusetts) face an administratively
automatic arraignment for morder/homocide/whatever (requiring a jail stay
or posting of bail).  The police officer will not be arraigned or charged 
until AFTER eveidence of wrongdoing is uncovered.

The police officer will not face insinuations that (s)he was a bit "strange"
because (s)he carried a gun, not will they face ostracism from co workers like
most civilians will.

#Heaven help you went the victim's family's defense counsel get's done with you. 

If you ever have the extreme misfortune to shoot someone (be you police of
civilian), remember it is bad form to refer the the shootee as the "victim" -
better to use the term "subject", "felon", or "attacker" (as appropriate for
the circumstances).

#Now you can not only kiss your job and your pension goodbye, but also the house
#and anything you will have to sell to pay the civil penalties.
# 
#Or let's say you win the civil case, now you have almost as much money owed in
#legal fees that if you would have lost the case.
# 

To what extent will the city, the PD, and the patrolmen's union assist
with the legal defense (fees) of an officer sued by the recipient of
an erroneous shot?  [ note: Massachusetts General Law limits liability for
a public official causing death in the comission o fhis duties to $100K 
except in exceptional circumstances ]

#Can you say "highly actionable tort"? 
# 
#Also try and understand that most officers who use deadly force end up
#resigning several years afterwards.  Many of them just never get over it. 
#Fortunately most officers never have to use deadly force...
# 
#And they wonder why most officers die at age 57...
#

Could it be the cholesterol in donuts? :) :) :)

# 
#Eric Huber
#Mankato State University
#Law Enforcement Program
#
#

Corrections and disagreements welcome...


Rob Boudrie
rboudrie@chpc.org