Ignorance, Arrogance, and a Lack of Common Sense
Serving as a young Soldier in the late 1960’s and early 1970’s, I learned that ignorance, arrogance, and a lack of fundamental common sense leads to a predetermined fate on the Battlefield. That fate incorporates suffering, dying, and death into one, causing all involved trauma and anguish. If an eighteen year old Soldier can learn that ramifications of those behaviors lead to disaster, then the question has to be asked: Why does our Country continue to push forward ignorant, arrogant, void of common sense individuals, into positions of power, responsibility, and trust?
Of particular concern is America’s Criminal Justice System. One does not have to be a high speed Sociologist to understand that our alleged “Justice System” is broken. Currently the concept of Justice is not only illusive but at times impossible to achieve. Critical elements of the system such as Law Enforcement Agencies, Court entities, Correctional facilities, Probation/Parole Organizations, all fail miserably when Justice is at stake.
Resulting damage impacts all who work within the Justice System and additionally ricochets upon the unfortunate ones, who find themselves embroiled within as victims, witnesses, and perpetrators. Recent events within our Country have focused on the use of force particularly the “use of lethal force” by Law Enforcement in effecting an arrest or in neutralizing a situation wherein a threat is encountered. It is but one problem among a virtual sea of issues and circumstances which have eroded our Justice System into a mere System which exists without justice.
Criticism and finding fault is easily accessible to those who merely wish to make noise temporarily shining a light on themselves. Those who truly understand the problem and possess the knowledge, courage, and common sense to attack and correct will accomplish such “one brick at a time”. Much like the foundation of a building, it has to be correct and solid prior to other levels being constructed. In that vein, circumstances where lethal force is allowed must be clearly understood and internalized by all Law Enforcement members. Fear and extreme stress will always accompany situations where lethal force is utilized. However, confusion, indecision, a lack of a legal understanding, and no common sense must be countered prior to Lethal Confrontations.
“In 1986, in the case of Tennessee v. Garner, the U.S. Supreme Court struck down a Tennessee statute that permitted police to use deadly force against a suspected felon fleeing arrest. In its decision, the Court held that apprehension by the use of deadly force is a seizure subject to the reasonableness requirement of the fourth amendment, and that its use to prevent the escape of all felony suspects was constitutionally impermissible”.
Technical knowledge must be accompanied by “working knowledge” and both must be internalized by the individual Police Officer. The path to internalization of the required knowledge is professional training. Accurate consistent information, use of plain language, common sense, and realistic scenarios are the cornerstone elements to Lawmen being properly prepared for potential lethal situations.
Bottom Line: A Law Enforcement Officer cannot use lethal/deadly force to apprehend a fleeing felon. Lethal / deadly force can be utilized if the Officer’s life is in imminent danger or the life of another is in imminent danger. Common sense must temper the Officers decision to use lethal/deadly force — example: if a suspect shoots at Law Enforcement personnel, then clearly discards his weapon and sets a 100 yard world record running away — lethal / deadly force cannot be used to apprehend the suspect . The throwing down of the weapon, coupled with the flight of the suspect clearly eliminates the imminent threat posed to the Officer. Under these circumstances lethal/deadly force is not an option and as such is prohibited by the United States Constitution (4th amendment), state & federal law, and plain common sense.
