Some state statutes permit law enforcement & correctional officers to shoot at a prisoner attempting escape.?

Question

Regardless of whether they are impriosned for a misdemenaor or a felony. Do you support such a policy? Why or Why Not? Explain your Response.

Answer 1

YES. If someone is in prison, more often than not, they broke a law. The purpose of a prison is to separate criminals from society. If a criminal tries to escape, he/she is demonstrating a willingness to not comply and is an even greater threat to the people. It is the job of law enforcement (prison guards included) to keep these people contained by any means.

Look at it this way. If a prisoner is escaping, you might not see who it is. If you choose not to shoot because you are afraid he might just be in jail for tax evation and it turns out he was a murderer, YOU put the public at risk. He could get out and kill again.

Answer 2

First at the fence when they are escaping the correctional officer does not know the security level of the person,

They are nomrally not allowed to shoot them untill they reach the top of the fence and in come cases to a point where they are passing the tower area.

But yes, a prisoner is doing a felony when they escape, so they are automaticly dangerous in just escapting.

Once out of prison, the rules of shooting for police officers does not change just becuase they are a wanted felon or escaped.

Answer 3

Refer to Tennessee V Garner. I would say that it is not acceptable to shoot at someone escaping from jail, depending upon the circumstance. You have to look at the likelihood of them commiting a violent crime on the outside. If they were in jail for a misdemeanor warrant, there may some liability involved, as escape here is only a D Felony. Also, was the escape with a weapon or with injury (enhancements to a C, B or A Felony)?

Answer 4

Alabama statute 13A-3-27 states in part:

(a) A Peace officer is justified in using that degree of physical force he reasonably believes to be necessary, upon a person in order:
1)To make an arrest for a misdemeanor, violation or
violation of a criminal ordinance, or to prevent the escape from custody of a person arrested for a misdemeanor, violation or violation of a criminal ordinance...

(b) A peace officer is justified in using DEADLY (emphasis mine) physical force when and to the extent that he reasonably believes it necessary in order:
1) To make an arrest for a felony or to prevent the escape from custody of a person arrested for a felony...

There is, of course, a lot more written in this statute about officer culpability and responsibility that I do not have time to write about.

Basically in Alabama an officer cannot use deadly force against someone for a misdemeanor offense or escape, but can for a felony.

Answer 5

The only occasion it is acceptable for anyone to shoot another person is when they or an innocent party is in imminent danger of losing their life. I do not see that it matters who the participants are.

It is not a direct analogy, but in the UK a few years ago, the police chased a shoplifter. He jumped over a wall. What he didn't know was that there was a canal over the wall. He drowned. A few people called into radio phone-ins and said, basically "good riddance." It took a particularly brave person (not me) to call up and point out that, even after a full trial, the penalty for shopligting is not death.

Answer 6

Use of firearms to stop fleeing prisoners has a risk of bystanders getting injured in the process.

There are so many pluses and minuses that it's a tough call.
Personally, I don't think guns should be used unless absolutely necessary. And never for misdemeanors.

Answer 7

I dont believe this is true...You should find some evidence to back up this statement. Deadly force justification is a topic that has been gone over tremendously in the past 50 years.

Answer 8

Yes, if the officer can assure no innocents will be harmed in the process.

They are not imprisoned for singing too loud in church.
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