Bosa

https://eu.usatoday.com/story/news/2...ll/3698597002/

SAN FRANCISCO – A showdown over when police can use deadly force is set to unfold in the California Legislature next week, which could result in sweeping changes to law enforcement departments that give officers broad latitude in deciding when to shoot to kill.

At issue is Assembly Bill 392, known as the California Act to Save Lives, which would put the onus on officers to justify discharging their weapon, shifting the standard from “reasonable” – as defined by the Supreme Court's Graham v Connor ruling in 1989 – to “necessary.” That means that, under the proposed bill, police must feel confident it is necessary to shoot to protect themselves or others from danger, or they could be prosecuted for killing a person.

Instead of reaching for their guns, officers would be pressed to engage in de-escalation tactics that aim to reduce tension between officer and suspect. Experts said these include listening to the suspect's story, explaining the actions an officer is about to take and ensuring that the suspect's dignity is preserved throughout the interaction.

California has the highest percentage of police shootings per 100,000 people among states with more than 8 million residents, said Seth Stoughton, a former police officer who is a law professor at the University of South Carolina and an expert on deadly force rules.

"The states are all over the map in the way they regulate deadly force, with some being very permissive, and that’s where California is right now," said Stoughton, noting that the Western state shares that reputation with Georgia, Texas and Florida. Among large states, New York has the fewest officer-related shooting deaths.

"This new bill would make the preservation of life law enforcement's top priority in California," said Stoughton, who wrote letters to California lawmakers in support of the bill. "Having the state Legislature tell police officers, 'This is the job we expect you to do' is an important piece of symbolism."

AB 392's co-sponsor, Assembly member Shirley Weber, D-San Diego, said the law would encourage police to consider nonlethal methods when bringing suspects into custody.

"The piling on of killings of often unarmed civilians by police for the past six or seven years now is wearing on the conscience of this nation," she said. "The thought after these shootings often is, ‘Isn’t there something else police could have done?’ And maybe sometimes there are other things."

Critics said AB 392 ignores the nuanced difficulties inherent in police work and will have a calamitous effect on everything from policing practices to recruiting.

“This bill is an affront against anyone who wears a badge, and if people understood its consequences, nobody would vote for it,” said Assemblyman Tom Lackey, R-Palmdale, who served on the California Highway Patrol for 28 years. “Unless you’ve been in this arena, you don’t understand how fast things unfold.”

Read more: On National Police Week, officers 'feel more scrutinized than ever'

Lackey said officers take their power to kill extremely seriously, recounting a CHP colleague who became so distraught after one fatal shooting that he became an alcoholic and killed himself.

Lackey said there is a problem exists with policing protocols, which have resulted in the high-profile shooting deaths of civilians such as Stephon Clark, a Sacramento man who was killed by police officers in March 2018 while carrying only a cellphone.

“But this bill isn’t the solution to that problem,” he said, warning that the new policy could lead to tragic results for officers. "You change the policy midstream, and you’ll cause officers to think before reacting, and that time gap is going to be deadly."

AB 392 pits victims’ relatives and the American Civil Liberties Union against a massive statewide force – state and local officers serving 40 million people across 600 agencies with 120,000 personnel – that until recently was protected by one of the toughest police privacy laws in the country.

On Jan. 1, Senate Bill 1421 became law, allowing the public to seek access to police records and internal investigation files to get more information about incidents in which police either use lethal force or are suspected of criminal activity.

Theresa Smith is among many victims’ rights advocates who has spent time in Sacramento sharing her story in support of both SB 1421 and AB 392. Her son, Caesar Ray Cruz, was killed in 2009 in Southern California after a tipster told police he was a gang member and armed.

After being confronted by police in a Walmart parking lot, Cruz was fatally shot. Officers said they thought Cruz was reaching into his waistband, but he was not armed.

The deadly force “bill is important simply because if it had been in effect when my son was shot, there might be some accountability for their actions,” said Smith, who started a nonprofit group called LEAN to help relatives of those killed by police deal with grief and seek answers.

Read more: Okla. residents demand answers in police shooting

“This bill is about saving lives,” she said. “That includes police lives, and it includes the lives of bystanders. My son was shot in a Walmart parking lot at Christmas.”

Smith said she understands that police work is difficult and dangerous, and “if you’re in imminent danger for your life, you have to make that decision. But if someone’s running from you or has their back to you or is having a mental breakdown, that’s something else.”

Advocates for stricter parameters on police use of force said evidence abounds of instances in which violent armed shooters were taken into custody without incident.

Some argued there often is a racial component at play.

“Time and time again, officers manage to safely arrest people who are armed and dangerous, though often those people are white,” said Lizzie Buchen, legislative advocate for the ACLU of California.

“We know police have the tools and skills to apprehend people without harming them,” she said. “But there are just dramatic discrepancies of outcomes when you’re dealing with people of color.”

Buchen said the bill is not aimed at neutering police but rather suggests a best-practices solution that should result in a lower use of force, fewer deadly incidents and a rebounding of trust between police officers and the communities they serve.

Senate Bill 230 was put forth by law enforcement as an option to AB 392 and focuses largely on increasing training, but it doesn't address changing the standard for use of force.

Lawmakers and advocates were tentatively optimistic that conversations between the two sides of the issue would result in a bill that police officers and victims’ rights groups can support.

“We’re looking to pass what would be the strongest use of force bill in the nation, one that defines it as being usable only when necessary, not when reasonable,” said bill sponsor Weber. “We’re in conversations with law enforcement, and we hope that will net some positive results.”

Robert Harris, president of Protect California, a coalition of law enforcement associations and trade unions, said changing the terms on use of force “is a line in the sand we don’t want to cross.”

Salena Manni, the fiancee of Stephon Clark, wipes tears from her eyes during a news conference. On Saturday Sacramento prosecutors announced that no charges would be filed against cops for the shooting death of Clark, a 22-year-old black man who was killed by police in his grandmother's back yard.
Rich Pedroncelli/AP
The problem with requiring officers to, in the moment, determine "if force is necessary is that it creates a standard officers will never reach and allows for 20/20 hindsight,” he said. “I don’t think 392 will reduce incidents, and I fear that officers, out of fear of being second-guessed, won’t be as proactive as they can be about their policing.”

For Smith, who lost her son to a deadly encounter with police, setting a new standard for when police should discharge their firearms is critical to rebuilding a rapport with law enforcement that is rapidly eroding.

“Right now, if you’re an officer, you can kill someone and have there be no consequences,” she said. “A badge shouldn’t be equal to a license to kill. We just want law enforcement, with all their training, to be held accountable. Because no one should be above the law.”

bronco67

Aren't fatal police shootings already a crime in every state if the shoot is adjudicated as lawful? I guess lawful is a relative term because they rarely find the cop guilty of murder.

Why can't they just exonerate the ones who did good on the job? They also exonerate the ones who don't have the nuts to be a police officer.

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bronco67

I think most cops don't have the desire to ever un-holster their sidearm. But you just know there's some who fantasize about shooting someone...or even a dog maybe if they can get away with it.

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Rochard

Exactly what you just said.

Cops just want to go home to their families. I know a dozen cops; They just want to get the day without anyone kicking them or punching them.

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brassmonkey

cali police?? they are as dirty as the nypd!! they are hardcore muther fukers rampart was just a taste

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pimpmaster9000

the police in my 3rd world shit hole are so friendly...its suuuuuuuper hard to get shot...you really have to be begging for it and shooting at the police and shit to make them take their guns out...I mean you rally really have to put in an effort...

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brassmonkey

well the guns are made out of paper right? maybe a paper cut paper does not shoot

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Paul Markham

With so many guns in the hands of the public, Americans tendency for violence, it's no wonder the police are on edge. This results in innocent people getting shot and no change in the law will make much of a difference.

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just a punk

What's wrong with that? Actually fatal police shooting has always been a crime in any country except the USA, Pakistan, Iran and North Korea.

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pimpmaster9000

No we are the 2nd most armed country in the world right after the USA...

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bronco67

meant to say unlawful

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Bosa

The killing of African Americans and other minorities is a sport by American police. People like. It's a de facto death sentence.
All minorities in America have a 50/50 chance ever day to be killed by the police. Any day they go outside.
African Americans must sit their children down before they go outside what to do if the police stop them.
American Police are killing children for god sakes and nobody cares. How much pain and suffering American Americans have and still Endure by the hands of people like Onehunglo. It is heart breaking.

I am 8 yo girl African American girl I am unarmed and I have nothing that can hurt you!!!WTF WTF WTF!!!

This is the world people like Onehunglo are proud of. It"s this little girls fault.
White parents tell their children to find a Police officer if you need Help because there is no fear of the police for them.













The Talk: Surviving Police Encounters While Black
https://www.utne.com/community/polic...n-zm0z17uzcwil


Giving Black Children ‘The Talk’ Won’t Save Them From Police Brutality
https://www.huffpost.com/entry/its-t...b084f59b49fef0



Why we African Americans have 'the talk' with our kids
https://www.charlotteobserver.com/op...221975755.html

Bosa

Police kill unarmed blacks more often, especially when they are women, study finds

https://source.wustl.edu/2018/02/pol...n-study-finds/

Police kill about 3 men per day in the US, according to new study
Police kill about 3 men per day in the US, according to new study

Police in the U.S. kill on average more than 1,000 men per year, or about three men per day. According to our estimates, police are responsible for about 8 percent of all adult male homicide deaths in the U.S. each year.

Police killings are common
Individuals in large, central metropolitan areas are generally at the highest risk of being killed by police, at about one death per year per 100,000 men.

However, about two-thirds of all police-involved killings happen in suburbs, smaller cities and rural counties. In rural areas, police are responsible for more than 10 percent of all homicides with adult male victims.

Our analysis shows that about 0.7 white men per 100,000 are killed by police annually. Latino and black men are killed at higher rates, at about one death per 100,000 men and 2.2 deaths per 100,000 men per year, respectively. This means that black men are, on average, three times more likely to be killed by police than are white men. Latino men’s risk of being killed by police is about 40 percent higher than the risk faced by white men.


Jamar Clark
Jamar Clark's November 2015 shooting death sparked weeks of protests in Minneapolis, Minn.

Two white officers, Mark Ringgenberg and Dustin Schwarze, were trying to arrest the 24-year-old when he was shot once in the head. He died a day later. Some witnesses said Clark was handcuffed when he was shot, but federal and state probes concluded that he was not.

Investigators said Ringgenberg felt Clark's hand trying to grab his weapon and shouted to Schwarze, who then shot Clark. Prosecutors did not choose to charge either officer, and an internal police investigation cleared them.

Jeremy McDole
Jeremy McDole, 28, was sitting in his wheelchair when he was shot and killed in September 2015 in Wilmington, Del., after police received a 911 call about a man with a gun.

A bystander's cellphone footage showed police officers repeatedly telling McDole to drop his weapon and raise his hands, with McDole reaching for his waist area before shots erupted. The Delaware attorney general's office did not criminally charge the four officers involved. A federal judge approved the city's $1.5 million settlement with McDole's family.

William Chapman II
Former Portsmouth, Va., police officer Stephen Rankin was sentenced last October to two and a half years in prison for fatally shooting William Chapman II while responding to a shoplifting call outside a Walmart on April 22, 2015.

Prosecutors allege Rankin killed the unarmed 18-year-old "willfully, deliberately and with premeditation." Some witnesses said Chapman was combative, and one said he knocked away Rankin's stun gun. Rankin, who is white, was fired.

Walter Scott
Former North Charleston, S.C., patrolman Michael Slager was sentenced to 20 years in prison in the April 2015 shooting of Walter Scott, 50.

Slager had stopped Scott for a broken brake light. Slager claimed he opened fire — five of his eight bullets hit Scott — because he felt threatened after the motorist tried to take his stun gun during a struggle.

But a bystander captured the encounter on video and the judge found that Slager had obstructed justice by lying to investigators. Slager, 36, is one of the few U.S. police officers in recent years to receive prison time for an on-duty shooting.


In this April 4, 2015 frame from a cellphone video, Walter Scott appears to be running away from patrolman Michael Slager, in North Charleston, S.C. The dramatic video appears to show him shooting a fleeing Scott several times in the back.


Eric Harris
Former Tulsa County volunteer sheriff's deputy Robert Bates, 74, was sentenced in 2016 to four years in prison for second-degree manslaughter in the April 2, 2015 death of Eric Harris, 44, who was unarmed and restrained.

Bates, who is white, has said he confused his stun gun with his handgun. That shooting led to the temporary suspension of the reserve deputy program after a report found poor training of the volunteer officers, a lack of oversight and cronyism.

Tamir Rice
Tamir Rice, 12, was fatally shot by a white Cleveland police officer in a recreational area in November 2014. Officers were responding to a report of a man waving a gun.

The boy had a pellet gun tucked in his waistband and was shot after the officers' cruiser skidded to a stop, just feet away. A grand jury in December 2015 declined to indict patrolman Timothy Loehmann, who fired the fatal shot, and training officer Frank Garmback. The city settled Rice's family's lawsuit for $6 million. Cleveland in May fired Loehmann and suspended Garmback for 10 days. The officers' union called the discipline politically motivated.

Akai Gurley
Rookie New York City police officer Peter Liang was convicted of manslaughter last year in the November 2014 death of 28-year-old Akai Gurley.

Liang, an American of Chinese descent, said he was patrolling a public housing high-rise with his gun drawn when a sound startled him and he fired accidentally. A bullet ricocheted off a wall, hitting Gurley. A judge reduced the conviction to negligent homicide and sentenced Liang to five years' probation and 800 hours of community service. The city settled with Gurley's family for $4.1 million.

Michael Brown
Michael Brown, an unarmed black 18-year-old, was fatally shot by a white officer, Darren Wilson, in August 2014 in Ferguson, Mo.

A grand jury declined to indict Wilson, and the U.S. Justice Department opted against civil rights charges. Wilson later resigned. The death of Brown led to months of sometimes violent protests and became a catalyst for the Black Lives Matter movement.

Eric Garner
Eric Garner, 43, died in July 2014 in New York City after a white officer placed him in a chokehold during an arrest for selling loose cigarettes. A grand jury declined to indict that officer, or any others involved in the arrest. The city agreed to pay a $6 million civil settlement.

Bladewire

White men are going into churches and shooting up white people dead and coming out alive to be arrested meanwhile a black guy is told to get his car registration out of this glove compartment and is shot when he does what he's told. Black guys are getting shot in the back with their hands up in the air and no weapon.

King Mark

#2040's...

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