Here in the United States it feels like a week can’t go by without a white cop killing an unarmed black man. It’s a distressing situation made that much more overwhelming by all the complicated and unresolved social problems it brings front and center for all the bobbleheads to poke and prod and jabber about but do nothing to change.
I don’t think I’m capable of adequately understanding and addressing all of those issues. Hell, I know I’m not. However, one question I can at least scratch the surface of is the question of caselaw. I spent a recent Sunday quaffing coffee and Googling the shit out of terms like “officer-involved shooting”, “deadly force”, “excessive force” and “police brutality”, and now I am an expert on the subject.1
What I gleaned through my Cyberian wanderings is that the caselaw deals with three subjects: the criminality of the officer’s conduct (Did s/he commit murder/manslaughter?), the liability of the officer (Can the victim’s family sue him/her personally?), and the liability of the officer’s employer (Should the state/city/agency compensate the victim’s family?). In other words, we’re dealing with criminal law (Should the officer go to prison?) and civil law (Can the officer/police department be sued?).
I’ll relate what I found regarding all of these, but we’ll start by defining our terms. Next I’ll talk about the civil law. I’ll end with a discussion of the criminal caselaw. Continue reading What is the caselaw regarding cops killing people?