Quote:
Originally Posted by icarus
Excessive force
26. Every one who is authorized by law to use force is criminally responsible for any excess thereof according to the nature and quality of the act that constitutes the excess.
Committing a crime makes you a criminal.
So when you refer to "the" criminal, of which person do you speak?
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If we take all the information from the articles at face value and the subject did not comply with commands to stop doing what he was doing, using the taser would be considered appropriate use of force. The subject was displaying assualtive behavior and not complying with commands. The resulting death of the subject would not be considered within the use of force continuum.
What happens if the guy had started shooting at the police, the police shoot back....they kill him but in the exchange of gun fire a bullet ricochets off a wall and kills a bystandered? Excessive use of force? NO, the out come was not reasonably expected to have occured.