Crime And Victimization Case Study
Crime and Victimization
Week 4 Assignment One
Karen Bridges
Professor Richard Foy
CRJ-100 – Introduction to Criminal Justice
February 3, 2014
The scenario that I chose from Dr. Carla’s O’Donnell’s discussion was the following: The police are called to the corner of Pine St and 32nd Avenue, where Malcolm LaBelle is clearly in a drug-induced delirium. He has stripped down to his underwear, claiming that he has a fever. Two employees of a café nearby attempt to restrain him, but he throws them off and lunges at the officers as they arrive, clawing and biting at them. The correct response was to: Warn him verbally with the potential use of deadly force if he does not cease; if he continues, shoot …show more content…
to disable him.
One case came to mind, that recently occurred in my state just a few months ago. A grand jury has indicted a Charlotte police officer (Kerrick) for voluntary manslaughter in the fatal shooting of an unarmed former Florida A&M football player (Ferrell). The indictment was handed down after a judge ruled the North Carolina Attorney General 's office could resubmit the case to a grand jury.
Investigators say Randall Kerrick shot 24-year-old Jonathan Ferrell on Sept.
14 as Ferrell looked for help after a car crash. Police say that Ferrell wrecked his car and went to a nearby house and banged on the door, apparently for help. The resident called police, and three officers responded. Investigators say Kerrick fired 12 shots, 10 of which hit Ferrell. Kerrick was the only officer who fired his gun. Earlier that week, a Mecklenburg County grand jury refused to indict the 27-year-old Kerrick, a former animal control officer, on a voluntary manslaughter charge. Attorney General Roy Cooper decided to send the case to another grand jury because the first grand jury was missing four members. The voluntary manslaughter charge carries a prison sentence of up to 11 …show more content…
years.
The Ferrell 's family has filed a lawsuit against Kerrick and police Chief in Mecklenburg County Superior Court. The lawsuit says Kerrick used excessive force. The family said the city of Charlotte and the police department failed to ensure its officers are adequately trained and instructed in the use of force.
In the past three chapters, we have discussed crime/policing and use of excessive force.
In chapter 6, (pg. 132) it talks about deadly force, which is commonly used within the police force. The term deadly force refers to the actions of a police officer who shoots and kills a suspect who flees fro arrest, assaults a victim, or attacks an officer. In this particular case that I chose to discuss above, the victim was neither armed, didn’t flee or assault anyone. He was just trying to get help after a car crash.
According to what we have discovered in the Chapter, the police office should have used “nondeadly force”, in the above case, which begins with a verbal command and then escalate the force used when confronted with a resistant suspect. If the police officer would have chosen this type of force, which is very unlikely to cause death or significant bodily harm. Nondeadly force can range from the use of handcuffs and suspect compliance techniques to rubber bullets and stun
guns.
In Graham vs. Connor, the Supreme Court ruled that issues related to nondeadly force must be judges from the standpoint of a reasonable officer. For example, if an officer is approached in a threatening manner by someone waving a knife, and the person fails to stop when warned and is killed by the officer, but it turns out later that the shooting victim was deaf and could not hear the officers command, the officer would not be held liable if, at the time of the incident, he had no way of knowing of the persons disability.
Individual state jurisdictions still control police shooting policy. Some states have adopted statutory policies that restrict the police use of violence. Another way to control police shootings is through internal review and policy-making by police administrative review boards. In New York City, since 1971, the NYPD has conducted an internal investigation anytime an officer’s weapon is discharged (within the exception of training purposes). These can range from a conclusion that the shooting was in accordance with law and policy, all the way to termination and even criminal prosecution. The review board approach is controversial because it can mean that the department recommends that one of its own officers be turned over for criminal prosecution.
References:
Siegel and Worrall, Essentials of Criminal Justice (2013): pgs 133-134.
Richard J. Lundman, Routine Police Arrest Practices,” (1974): pg. 137
Gary R. Rothwell, “Whistle-Blowing and the Code of Silence in Police Agencies: Policy and Structural Predictors, “Crime Delinquency 53 (2007): pgs. 605-607.
Week 4 Assignment One
Karen Bridges
Professor Richard Foy
CRJ-100 – Introduction to Criminal Justice
February 3, 2014
The scenario that I chose from Dr. Carla’s O’Donnell’s discussion was the following: The police are called to the corner of Pine St and 32nd Avenue, where Malcolm LaBelle is clearly in a drug-induced delirium. He has stripped down to his underwear, claiming that he has a fever. Two employees of a café nearby attempt to restrain him, but he throws them off and lunges at the officers as they arrive, clawing and biting at them. The correct response was to: Warn him verbally with the potential use of deadly force if he does not cease; if he continues, shoot …show more content…
to disable him.
One case came to mind, that recently occurred in my state just a few months ago. A grand jury has indicted a Charlotte police officer (Kerrick) for voluntary manslaughter in the fatal shooting of an unarmed former Florida A&M football player (Ferrell). The indictment was handed down after a judge ruled the North Carolina Attorney General 's office could resubmit the case to a grand jury.
Investigators say Randall Kerrick shot 24-year-old Jonathan Ferrell on Sept.
14 as Ferrell looked for help after a car crash. Police say that Ferrell wrecked his car and went to a nearby house and banged on the door, apparently for help. The resident called police, and three officers responded. Investigators say Kerrick fired 12 shots, 10 of which hit Ferrell. Kerrick was the only officer who fired his gun. Earlier that week, a Mecklenburg County grand jury refused to indict the 27-year-old Kerrick, a former animal control officer, on a voluntary manslaughter charge. Attorney General Roy Cooper decided to send the case to another grand jury because the first grand jury was missing four members. The voluntary manslaughter charge carries a prison sentence of up to 11 …show more content…
years.
The Ferrell 's family has filed a lawsuit against Kerrick and police Chief in Mecklenburg County Superior Court. The lawsuit says Kerrick used excessive force. The family said the city of Charlotte and the police department failed to ensure its officers are adequately trained and instructed in the use of force.
In the past three chapters, we have discussed crime/policing and use of excessive force.
In chapter 6, (pg. 132) it talks about deadly force, which is commonly used within the police force. The term deadly force refers to the actions of a police officer who shoots and kills a suspect who flees fro arrest, assaults a victim, or attacks an officer. In this particular case that I chose to discuss above, the victim was neither armed, didn’t flee or assault anyone. He was just trying to get help after a car crash.
According to what we have discovered in the Chapter, the police office should have used “nondeadly force”, in the above case, which begins with a verbal command and then escalate the force used when confronted with a resistant suspect. If the police officer would have chosen this type of force, which is very unlikely to cause death or significant bodily harm. Nondeadly force can range from the use of handcuffs and suspect compliance techniques to rubber bullets and stun
guns.
In Graham vs. Connor, the Supreme Court ruled that issues related to nondeadly force must be judges from the standpoint of a reasonable officer. For example, if an officer is approached in a threatening manner by someone waving a knife, and the person fails to stop when warned and is killed by the officer, but it turns out later that the shooting victim was deaf and could not hear the officers command, the officer would not be held liable if, at the time of the incident, he had no way of knowing of the persons disability.
Individual state jurisdictions still control police shooting policy. Some states have adopted statutory policies that restrict the police use of violence. Another way to control police shootings is through internal review and policy-making by police administrative review boards. In New York City, since 1971, the NYPD has conducted an internal investigation anytime an officer’s weapon is discharged (within the exception of training purposes). These can range from a conclusion that the shooting was in accordance with law and policy, all the way to termination and even criminal prosecution. The review board approach is controversial because it can mean that the department recommends that one of its own officers be turned over for criminal prosecution.
References:
Siegel and Worrall, Essentials of Criminal Justice (2013): pgs 133-134.
Richard J. Lundman, Routine Police Arrest Practices,” (1974): pg. 137
Gary R. Rothwell, “Whistle-Blowing and the Code of Silence in Police Agencies: Policy and Structural Predictors, “Crime Delinquency 53 (2007): pgs. 605-607.