Co do policji. W Pobiedziskach młody policjant i młoda policjantka (rok na stażu) kończyli służbę. Znaleźli nieprzytomnego bezdomnego i zamiast zawieźć go do szpitala, postanowili go wywieźć do mad jezioro do lasu. Bezdomny zmarł. Miał krwiaka. Taka nasza polcja.
STATUTORY STANDARDS FOR USING DEADLY PHYSICAL FORCE
The law authorizes law enforcement officers to use deadly physical force only when they reasonably believe it is necessary to:
1. defend themselves or a third person from the use or imminent use of deadly physical force or
2. make an arrest or prevent the escape from custody of a person whom they reasonably believe has committed or attempted to commit a felony involving the infliction or threatened infliction of serious physical injury and, where feasible, they have given warning of their intent to use deadly physical force (CGS § 53a-22 (c)).
The law defines “deadly physical force” as physical force that can be reasonably expected to cause death or serious physical injury (CGS § 53a-3(5)). It defines “serious physical injury” as physical injury which creates a substantial risk of death or which causes serious disfigurement, serious impairment of health, or serious loss or impairment of the function of any bodily organ (CGS § 53a-3(4)).
The law specifies that a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which, if true, would constitute an offense. If the believed facts or circumstances would not constitute an offense, an erroneous though not unreasonable belief that the law is otherwise does not make the use of physical force justifiable to make an arrest or to prevent an escape from custody (CGS § 53a-22(a)).
CONSTITUTIONAL REQUIREMENTS FOR USING DEADLY FORCE
The U.S. Supreme Court has ruled that the Fourth Amendment to the U. S. Constitution prohibits the use of deadly force to effect an arrest or prevent the escape of a suspect unless the police officer reasonably believes that the suspect committed or attempted to commit crimes involving the infliction or threatened infliction of serious physical injury and a warning of the intent to use deadly physical force was given, whenever feasible (Tennessee v. Garner, 471 U.S. 1 (1985)). Thus, our statutory standards for using deadly force seem to parallel the federal constitutional standards.