Judge Sides with Police in Parkland Slaying: LEO Has No Duty to Protect Students
nytimes.com
nytimes.com
A federal judge said the "school district and sheriff’s office...had no constitutional duty to protect the students there during the deadly February massacre" [1]. A county judge, meanwhile, found "Scot Peterson, the armed sheriff’s deputy who heard the gunfire but did not run in and try to stop the attack, did have an obligation to confront [the shooter]."
The New York Times speculates the county judge found Scot Peterson had a "special relationship" with the students, like a crossing guard. That goes above a normal citizen-police relationship to one approaching custodianship. Both decisions are likely to be appealed.
[1] https://www.nytimes.com/2018/12/18/us/parkland-shooting-laws...
There are some individuals I'm sure that try to do their best and actually help people. But the institution as a whole is corrupt and a sham.
While I agree that there are some structural problems with policing (militarization, over-reliance on guns, prioritizing officer safety over citizen safety), I don't think "completely tear[ing]" it down is a wise course.
If you read about Hitler's rise, at the time one of his problems was the democratization in Germany of policing. They were basically independent throughout the country, and many signalled independence, and even disobedience. He needed control of them through an authoritarian hierarchy so that's what he did, he centralized policing.
Guess it's just another reason why having guards or arming teachers is not the solution to school shootings...
Which makes it all the more awful when someone says "If you feel unsafe just call the police! It's what I would do." That's great. I'm glad you live in a place with a good police force. But it is frankly evil to disarm people who have no other means to protect themselves.
It would be best to form your opinion based on overall statistics rather than the most sensational news articles that have the most virility.
Principle 7 - ‘Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police; the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence.’
[0] http://www.lacp.org/2009-Articles-Main/062609-Peels9Principa...
So in Germany, you might have "Germans policing Germans", but in the US it's basically "Whites policing Blacks".
The German constitution is also very clear on this:
"Die Würde des Menschen ist unantastbar. 2Sie zu achten und zu schützen ist Verpflichtung aller staatlichen Gewalt."
https://dejure.org/gesetze/GG/1.html
"Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority."
https://www.gesetze-im-internet.de/englisch_gg/englisch_gg.h...
So human dignity is inviolable. Not "citizens", not "Germans", but "humans".
See Castle Rock v. Gonzales and DeShaney v. Winnebago County Department of Social Services.
The federal court would definitely be bound by Castle Rock.
There is arguably good reasons why police (and fire fighters, and social workers, and meterologists) and the governments they work for can't be sued for not protecting people from the bad actions of others, or disasters. It's not their fault that bad stuff happens (and when it is, that's a different legal situation).
That said, state constitutions can be more restrictive, and it would be interesting to consider the effect of creating such a duty would have.
Perhaps it could be created as a duty to the state government rather then individually harmed people, such that the state attorney general would be the one who sued (or more likely settled with a consent decree that created policy changes).
Do you think a policeman's job is to be a hero, or a public servant? Because I think they should be public servants. If one shows heroism while in the line of duty, it's because he is a hero and a good person. Not because of a paycheck and a badge.
If someone is threatening you with a weapon, you had better hope that there is at least one other weapon in this situation.
Well trained police that frequently go to the shooting range and are highly trained and experienced can be highly effective at minimizing harm in areas where criminals are well armed. There is ample data from real life. It is sad that we have to apply policing methodologies that are effective in places like South Africa or Brazil, but this is the country we live in now.
De-escalation is still active engagement; there is, in fact, a third option, and it was demonstrated in Parkland.
Officers with militarized equipment shouldnt exist. Police with guns should need more-serious training and credentials, but at the moment, police departments across the country actively discriminate in favor of stupidity[1].
And this would not increase budgets. We dont need more governnment thugs. We need zero government thugs, and more public servants accountable to the public.
1 - https://abcnews.go.com/US/court-oks-barring-high-iqs-cops/st...
The problems of my classroom mirror the problems of my community. This means that while the vast majority of my students are just wonderful young people, I also have my fair share of the chronically depressed, the trauma survivors, and the budding criminals. Are they a small minority? Of course.
But why should I open the window of “what’s possible” on any given day in my classroom to include deadly force by strapping a pistol to my hip. It is - in my opinion - reckless and foolish.
This should be especially obvious to the people who talk about police originating from slave patrols.