Fleeing Felon Rules

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School

Georgia State University *

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Course

8720

Subject

Law

Date

Feb 20, 2024

Type

docx

Pages

3

Uploaded by DeaconAntelopeMaster116

Answers 1. Because White questioned whether the rule would actually help in arresting suspects. In other words, he questioned the rule because it was such a wide rule. He believed that this rule that allowed deadly force to capture any suspects that were escaping, could potentially lead to excessive force and unjustified harm to those individuals that actually pose little to no threat. On the other hand, he believes that the safety of police officers and the public is more important than those importance in the life of the suspect. 2. The common law felon rule establishes the use of deadly force to capture any fleeing suspect and justifies the usage under certain conditions in England where it was initiated. However, White thinks that this rule no longer causes a great deal of reasoning in the current U.S. due to numerous circumstances. These circumstances could include progress in law execution practices, the availability of less deadly resources to calm escaping suspects, the likelihood of unnecessary force and injury to innocent individuals, and the complete change in social values and potentials regarding the use of force by law enforcement. Overall, he believes that felonies are no longer punished how they used to be punished, and nowadays, things that were not considered felonies such as minor offenses are punished as felonies, and when armed at a safe distance, police can restrain suspects while preventing any corporal conflict. 3. Justice White makes use of these policies (police department policies) regulating deadly force by quoting them as influential principles that determine the factors for the use of deadly force by law enforcement officers. He most likely refers to them to show that there are established guidelines and measures in place that serve as a structure for shaping the legality and appropriateness of using deadly force in specific situations. By suggesting these policies White suggests that observance of these principles is crucial for ensuring responsibility and avoiding excessive use of force by police officers. In other words. He believes that even though sometimes offenses and crimes could be serious (in this case he refers to burglary being a serious crime), this doesn’t really justify the use of deadly force in every circumstance. To him, this crime is not dangerous enough to justify it. To White using deadly force will lead to police becoming unfair in the long run. 4. Justice O'Connor contends that Justice White's opinion does not succeed in providing sharp standards regarding the application of lethal force, in so doing it creates a situation where the police require further clarification. In other words, Justice O'Connor claims that Justice White's judgment lacks a clear set of guidelines on the use of deadly force, leaving the police in need of clarification.
5. To me, I think that this is actually correct. When the suspect ceases to be a threat to the police when he stops, shooting him Is no longer something that is necessary. The police simply must capture the suspect to accomplish the objective. 6. I don’t think that Justice O’Connor’s argument is weakened by her acknowledgment of the questions regarding the “effectiveness” and the “popularity” of the fleeing felon rule. In other words, I don’t think that it hurt the argument because this rule is debatable. She establishes that adjusting the rule would instead improve its standard and efficacy, making it less controversial and generally accepted. While there are contrasting/ opposing opinions and a lack of evidence supporting that the rule is effective, Justice O'Connor's opinion remains affiliated with the need for a clear and enhanced pattern for the fleeing felon rule. 7. Justice O'Connor would likely respond by acknowledging the possible obstacle faced by the police in distinguishing between a felony and a misdemeanor based on the monetary value of the stolen belongings. Her response would highlight the importance of immediate arrest in certain cases as some could result in the suspect escaping justice indefinitely. How important it is to maintain a consistent and objective structure for classifying offenses, even if it requires additional training for law enforcement personnel or alternative approaches to determining the severity of a crime. These laws and regulations not only aid law enforcement when apprehending individuals of serious crimes but also should serve as a reminder that ignoring lawful stop and arrest commands from the police carries consequences. 8. In my opinion, I would have to disagree with Justice O'Connor's argument. I believe that the use of force should only be permitted as a last resource and when permitted there should be a sure sign that the suspect actually poses a crucial danger of producing harm to him and others as well. As to the nighttime burglary being more dangerous than during the day, I do not believe that because one is done In daytime versus nighttime it would be more critical. On the other hand, in my opinion, burglars actually chose to operate in the nighttime to avoid confrontations with homeowners since their purpose is economic profit instead of causing harm. So overall, I find this statement to be irrational. It is irrational to promote the use of deadly force in nighttime burglaries. 9. Yes, I do believe that the police should first use all available options before using deadly force as a resource. In my opinion, deadly force should be used in some circumstances where there are no
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