Friday, July 3, 2015

Rules for Cops in U.S. States About the Same As In Somalia

Our health care, infrastructure, education, domestic safety from gun violence and social safety net all fall woefully short of standards in civilized countries.  Why should law enforcement be any different? 

And of course, Kentucky falls close to the "Somalia" standard.

Every single US state fails to comply with global standards for police use of lethal force, according to an Amnesty International USA report that was released late last week. Several states allow the use of lethal force in order to "suppress opposition to arrest," to "suppress a riot or mutiny," and even to prevent an escape from prison. In some states, the report notes, deadly force can be used in cases of less serious crimes, like burglary. Only eight states require a verbal warning before law enforcement can start firing. And nine states have no laws dealing with the issue at all. All of which, Amnesty says, is out step with international standards established by the United Nations.

SNIP

Here’s a passage from the report outlining its key findings:
All 50 states and Washington, D.C. fail to comply with international law and standards on the use of lethal force by law enforcement officers.
Nine states and Washington, D.C. have no laws on use of lethal force by law enforcement officers: Maryland; Massachusetts; Michigan; Ohio; South Carolina; Virginia; West Virginia; Wisconsin, Wyoming; and the District of Columbia.
Thirteen states have laws that do not comply even with the lower standards set by US constitutional law on the use of lethal force by law enforcement officers: Alabama; California; Delaware; Florida; Mississippi; Missouri; Montana; New Jersey; New York; Oregon; Rhode Island; South Dakota; and Vermont.
None of the state statutes require that the use of lethal force may only be used as a last resort with non-violent and less harmful means to be tried first.
No state limits the use of lethal force to only those situations where there is an imminent threat to life or serious injury to the officer or to others.
Nine states allow for the use of lethal force to be used to suppress a riot: Arizona; Delaware; Idaho; Mississippi; Nebraska; Pennsylvania; South Dakota; Vermont and Washington.
Twenty two states allow for law enforcement officers to kill someone trying to escape from a prison or jail: Alabama; Colorado; Delaware; Georgia; Hawaii; Idaho; Indiana; Kentucky; Maine; Mississippi; Montana; Nebraska; New Hampshire; New Jersey; New Mexico; New York; North Carolina; North Dakota; Oklahoma; Pennsylvania; South Dakota and Washington.
Only eight states require that a warning be given (where feasible) before lethal force is used, however no state meets the requirement for a warning under international standards: Connecticut; Florida, Indiana; Nevada; New Mexico; Tennessee; Utah and Washington.
Only three states provide that officers should create no "substantial risk" to bystanders when using lethal force: Delaware; Hawaii and New Jersey.
Twenty states allow for private citizens (non-state actors) to use lethal force if they carry out law enforcement activities, for example assisting an officer in making an arrest: Alabama; Arizona; California; Colorado; Connecticut; Indiana; Kansas; Kentucky; Louisiana; Maine; Mississippi; Nebraska; New Hampshire; New Jersey; New York; North Dakota; Pennsylvania; South Dakota; Texas and Washington.
Only two states provide by statute for training on the use of lethal force: Georgia and Tennessee.
None of the states' "use of lethal force" statutes include accountability mechanisms, including for example the requirement of obligatory reporting for the use of force and firearms by law enforcement officers.

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