Tasers: "Authorized" is Not Synonymous with "Reasonable"
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I have only one Sunday update this week:
The problem I have with this update from Utah's law enforcement leadership is the equating of "lawful" and "reasonable." The two words are not synonymous.
If there is one inviolate axiom throughout the law, it is that "reasonable" is an objective term, to be defined by general standards applied by independent reviewers rather than the subjective views of the individual or governmental authority involved.
Tort law, Fourth Amendment law, defenses in criminal law -- they all rely on the fact finder (i.e., either a jury or a judge) to determine, based on objective standards, whether conduct is "reasonable." Even where the standard of reasonableness is defined by the profession (e.g., legal or medical malpractice, fiduciary duty), the standard (i.e., a "reasonable expert") is still applied by outsiders, by independent triers of fact.
It is no more the place of law enforcement to determine whether their conduct is "reasonable" than it would be for a merchant to determine (without input from customers) whether its prices are "reasonable," or for a politician seeking re-election to determine (without input from voters) whether his record in office is "reasonable," or for a student to determine (without input from the instructor) whether her final exam grade is "reasonable."
The officers action may have been "authorized." They may have been "lawful." But the court of public opinion has overwhelmingly decided that they were not "reasonable."
Stated differently: If unreasonable conduct is lawful under the rules, then it stands to reason (pun intended) that the rules themselves are unreasonable.
A Utah trooper who used a Taser to subdue a stubborn motorist who was walking away from him during a traffic stop felt threatened and acted reasonably, state officials said Friday.The video of the incident here; my previous posts here.
...
"We found that Trooper Gardner's actions were lawful and reasonable under the circumstances," [Utah Highway Patrol Superintendent Lance] Davenport said at a news conference, joined by Scott Duncan, commissioner of the UHP's parent agency, the Utah Department of Public Safety.
The problem I have with this update from Utah's law enforcement leadership is the equating of "lawful" and "reasonable." The two words are not synonymous.
If there is one inviolate axiom throughout the law, it is that "reasonable" is an objective term, to be defined by general standards applied by independent reviewers rather than the subjective views of the individual or governmental authority involved.
Tort law, Fourth Amendment law, defenses in criminal law -- they all rely on the fact finder (i.e., either a jury or a judge) to determine, based on objective standards, whether conduct is "reasonable." Even where the standard of reasonableness is defined by the profession (e.g., legal or medical malpractice, fiduciary duty), the standard (i.e., a "reasonable expert") is still applied by outsiders, by independent triers of fact.
It is no more the place of law enforcement to determine whether their conduct is "reasonable" than it would be for a merchant to determine (without input from customers) whether its prices are "reasonable," or for a politician seeking re-election to determine (without input from voters) whether his record in office is "reasonable," or for a student to determine (without input from the instructor) whether her final exam grade is "reasonable."
The officers action may have been "authorized." They may have been "lawful." But the court of public opinion has overwhelmingly decided that they were not "reasonable."
Stated differently: If unreasonable conduct is lawful under the rules, then it stands to reason (pun intended) that the rules themselves are unreasonable.
Related Posts (on one page):
- Taser Thug Quote of the Day
- Another "Jackboot + Taser" Travesty
- Tasers: "Authorized" is Not Synonymous with "Reasonable"
- Video Camera = Weapon?
- What is the Proper Role for Tasers?
Posted by Kip on
3 December 2007
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