View Single Post
Old November 4, 2008, 01:32 PM   #59
Frank Ettin
Staff
 
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
The U. S. Supreme Court in Garner v. Tennessee effectively ruled the the following six criteria must all be satisfied in order to justify using lethal force to stop a fleeing felon:

• Heinous felony against the person (harm to the person: murder; attempted murder; stranger kidnapping; arson of actually occupied building; violent sexual assault)
• You have actually seen it happen
• You are clearly identifiable as the good guy
• The perpetrator’s escape is open ended
• All other means of apprehension have failed or are obviously impossible
• Continued freedom of the perpetrator presents a clear and present danger to innocent human life or limb

The clerk's fate will ultimately be up to the legal system, but if the Garner test applies, he may have some trouble with the first and last criteria.
Frank Ettin is offline  
 
Page generated in 0.03947 seconds with 7 queries