In New York in 1988 officers were making a routine drug arrest of three men. One man being taken into custody suddenly broke loose and, in the process, hit the arm of one of the police officers who was holding a gun. The officer's gun fired when his arm was hit, ultimately killing one of his fellow officers. Should the man who attempted to escape be charged with criminal homicide? Should the police officer be charged with criminal homicide?
2006-07-23 07:44:02 · 7 answers · asked by Wayne W 2 in Politics & Government ➔ Law Enforcement & Police
In response to Sammy0623: Yes, this did actually happen. I'll post the jury's finding when I pick the best answer.
2006-07-23 13:33:42 · update #1
1. The criminal ( actually all of them) would be charged with a degree of murder, if anyone gets killed in the commission of a crime, all parties to that crime can be found guilty of that murder.
2. The officer should be wrote up and perhaps suspended, it is clear policy that your finger is on the trigger only when you are in the process of shooting,
the actual crime ( drug possession or sales) is the outlining crime that caused the death. The direct action of the criminal in attempting to escape caused the death.
2006-07-23 08:11:47 · answer #1 · answered by Anonymous · 2⤊ 0⤋
No. It is more likely he would be charged with Negligent Homicide and Assaulting A Police Officer. He may be charged with Manslaughter instead, it really depends on what the DA decides best fits the fact pattern in 1988.
2006-07-23 14:47:43 · answer #2 · answered by cyanne2ak 7 · 0⤊ 0⤋
the police officer should not be charged criminally. the "criminal" should be charged with drug possession, attempted escape, felony assault, and manslaughter or criminally negligent homicide. i am interested in the answer...
2006-07-23 21:33:04 · answer #3 · answered by g-dogg 3 · 0⤊ 0⤋
Yeah I would think criminal homicide.
2006-07-23 14:57:30 · answer #4 · answered by hill6399 2 · 0⤊ 0⤋
Is resisting arrest a felony? Most US jurisdictions recognize the 'felony murder rule' It basically states that if a death results from the commission of a felony, it counts as murder. If not there is still resisting arrest.
2006-07-23 14:58:49 · answer #5 · answered by STEVEN F 7 · 0⤊ 0⤋
post what the end result was (if there is one)...did this actually happen??
2006-07-23 19:58:11 · answer #6 · answered by sammy0623 2 · 0⤊ 0⤋
no
2006-07-23 14:48:19 · answer #7 · answered by idontkno 7 · 0⤊ 0⤋