California lawmakers propose new Bernard law

[bschoolprof 6352]

Since we have no Bernard forum, I had to put it here. SIAP.

Quote

SACRAMENTO, Calif. (AP) — Several lawmakers and the family of a 22-year-old unarmed black man who was fatally shot by police proposed Tuesday that California become the first state to significantly restrict when officers can open fire.

The legislation would change the standard from using "reasonable force" to "necessary force."

That means officers would be allowed to shoot only if "there were no other reasonable alternatives to the use of deadly force" to prevent imminent serious injury or death, said Lizzie Buchen, legislative advocate for the American Civil Liberties Union, which is among the groups behind the measure.

"We need to ensure that our state policy governing the use of deadly force stresses the sanctity of human life and is only used when necessary," said Assemblywoman Shirley Weber, a San Diego Democrat who introduced the bill. "Deadly force can be used, but only when it is completely necessary."

The goal is to encourage officers to try to defuse confrontations or use less deadly weapons, said Democratic Assemblyman Kevin McCarty of Sacramento, who is co-authoring the legislation.

"We should no longer be the target practice or victims of a shoot first, ask questions later police force," said Assemblyman Chris Holden, chairman of the Legislative Black Caucus.

California's current standard makes it rare for officers to be charged after a shooting and rarer still for them to be convicted. Frequently it's because of the doctrine of "reasonable fear." If prosecutors or jurors believe that officers have a reason to fear for their safety, they can use deadly force.

The tougher proposed standard could require officers to delay confronting a suspect they fear may be armed until backup arrives or force police to give explicit verbal warnings that suspects will be killed unless they drop the weapon," said Buchen of the ACLU.

The proposal would open officers who don't follow the stricter rules to discipline or firing, sometimes even criminal charges.

But some in law enforcement called the proposal irresponsible and unworkable.

Officers already use deadly force only when necessary and are taught to try to defuse dangerous situations first when possible, said Ed Obayashi, a Plumas County sheriff's deputy and special prosecutor who trains officers and testifies in court on police use of force.

Tinkering with legal protections for police could make it more difficult to hire officers and be dangerous because they may hesitate when confronting an armed suspect, threatening themselves and bystanders, Obayashi said.

The Peace Officers Research Association of California, which is the largest law enforcement organization in California, released a statement Tuesday calling the proposed changes a "dangerous rush to judgment."

"We are concerned that this reactionary legislation will handcuff peace officers and their abilities to keep communities safe," according to the statement. "Uses of force incidents occur quickly, and while we have always supported greater training and body cameras, this legislation takes a dangerous new step."

Spokesmen for the California Police Chiefs Association and California State Sheriffs' Association said they had not seen the proposal and could not comment.

Weber, who heads a public safety oversight committee, said she hopes the recent heavily publicized string of police shootings of minority suspects and mass protests over last month's death of Stephon Clark will be enough to overcome any law enforcement resistance.

Two Sacramento officers chased Clark, who was suspected of breaking into cars, into his grandparents' darkened backyard and opened fire within seconds and without identifying themselves as police because they said they thought he had a gun. Investigators found only a cellphone.

Changing the legal standard might mean that more people confronted by police "could go home. They may be able to wake up" the next day, said Clark's uncle, family spokesman Curtis Gordon.

"A life may be saved in that blink" of time before officers open fire, he said. "If you feel some sort of repercussion, you may act a little more cautiously."

Several black community leaders at the news conference called the proposal "a good first step."

Sacramento Police Chief Daniel Hahn told The Associated Press last week that he is open to examining the department's policies on pursuing suspects and other practices but warned that changes could carry consequences.

The ACLU says California would be the first state to adopt such a standard, though some other law enforcement agencies, including San Francisco, have similar or more restrictive rules.

Cities' strict standards are generally for situations where there is time to de-escalate volatile situations, such as with people who are mentally unstable, Obayashi said.

The lawmakers and ACLU point to a 2016 study by policy analyst and racial justice advocate Samuel Sinyangwe that analyzed use-of-force policies by major U.S. police departments. He found that officers working under more restrictive policies are less likely to kill and less likely to be killed or assaulted.

Officers fatally shot 162 people in California last year, only half of whom had guns, the lawmakers said.

They cited studies showing that black people are far more likely than white people to die in police shootings and that California has five of the nation's 15 police departments with the highest per capita rates of killings by officers: Bakersfield, Stockton, Long Beach, Santa Ana and San Bernardino.

Link

[Sbbruin 22146]

Should really help recruiting for the various PD's.

[SDG 3336]

15 minutes ago, Sbbruin said:

Should really help recruiting for the various PD's.

Good, some people should be in a different line of work.  

[bernorange 8386]

27 minutes ago, bschoolprof said:

The proposal would open officers who don't follow the stricter rules to discipline or firing, sometimes even criminal charges.

I'll believe it when I see it.

[RPM 26674]

Let's see if they have the guts to pass it.

[markstanco 12804]

Should really help recruiting for the various PD's.

[shadetree 66]

Quote

Officers already use deadly force only when necessary and are taught to try to defuse dangerous situations first when possible, said Ed Obayashi, a Plumas County sheriff's deputy and special prosecutor who trains officers and testifies in court on police use of force.

So this change shouldn't be an issue for cops, right?  

I think old Ed Obayashi is a little out of touch with current police (narrator- Ed is lying).  They shoot first and often at anyone any everyone they want.  On the rare instance there is video of them committing murder (or attempted murder given their accuracy), they claim they were in fear of their life and walk away with no consequences.  

This legistlation is a step in the right direction.  Next, hold police accountable for perjury- fire them and make it so they can never be a police officer again.  Cop commits a crime on duty- it is elevated one degree from whatever crime they commit (2nd degree felony becomes first degree felony).  Real police oversight by citizens is needed to review complaints against cops.  Cop is aware another cop broke the law or covered something up, that cop is fired as well.  Cop is found to have violated someone's civil rights, that police officer and his associated pension fund have to pay it, not the city/state that employs the cop.  There are lots of other reforms, but these would be a good start.

I don't know how you get away from cops having the mentatilty that all non-cops are the bad guys.  

[PilotsError 2341]

Make cops carry private insurance and make them pay for it out of pocket. Insurance companies will call the bad ones quickly.

['stache 22146]

Won’t make a lick of difference. Cop administrators, juries, and the worst of the general public won’t make a distinction between “reasonable” and “necessary.” A scary looking black guy? Wearing a hoodie? Didn’t comply immediately? Found out after the fact he wasn’t a perfect choir boy? Of course it was necessary to shoot him! Blue lives matter!!!!!!!!

[RPM 26674]

17 hours ago, shadetree said:

I don't know how you get away from cops having the mentatilty that all non-cops are the bad guys.  

Stop training them like they are sweeping Fallujah for insurgents?

[Cheeseweasel 26443]

50 minutes ago, RPM said:

Stop training them like they are sweeping Fallujah for insurgents?

Serve (their agenda) and Protect (each other by covering up when shit goes down)