Police Officer Liability in Terminating Vehicle Pursuit: A Legal and Ethical Analysis

by | May 30, 2024 | criminal justice

 

During this module you read about law enforcement responsibility to protect the general public. Given the following scenario, discuss whether the police officer should be held liable.

Scenario: While on patrol Officer Smith observed a driver who was weaving within the travel lane. Officer Smith attempted to stop the driver by activating his blue lights and siren. The driver refused to stop and increased his speed, reaching speeds upwards to ninety (90) miles an hour.

Officer Smith concerned about wrecking his patrol car and endangering the public terminated the pursuit. The driver continued to flee at a high rate of speed. Five miles down the road, the driver crossed the center line and ran head on into a vehicle with four family members inside. All occupants except the driver died in the crash.

The driver sued Officer Smith for neglecting his duty to stop the intoxicated driver. The driver alleged that if Officer Smith would have done his job, the driver would have been stopped and his family would not have died.

ASSIGNMENT PROMPT: Given the circumstances described, discuss whether the police officer should be held liable for the consequences of terminating the vehicle pursuit. Consider legal and ethical perspectives in your analysis.

Discussion Guidelines:

Legal Perspective:
Examine relevant case law and legal precedents concerning police liability in vehicle pursuits.
Discuss the public duty doctrine and how it applies to this scenario.
Consider the potential defenses the officer might raise.
Ethical Perspective:
Evaluate the ethical responsibilities of the police officer in balancing public safety and the risks associated with high-speed pursuits.
Discuss the ethical implications of the officer’s decision to terminate the pursuit.
Consider the moral responsibility of the officer for the actions of the drunk driver after the pursuit is terminated.
Instructions:

Post your initial response early. Your initial post should be between 300-500 words.
Engage with at least two of your classmates’ posts. Each response should be constructive, thoughtful and supported by academic references. Your responses should be a minimum of 150 words.
Use evidence from legal texts, ethical theories, and policy documents to support your arguments.
Cite all sources appropriately.
Evaluation Criteria:

Comprehensiveness: Addresses all aspects of the prompt thoroughly.
Analysis: Demonstrates critical thinking and a deep understanding of the legal, ethical, and policy issues.
Engagement: Actively engages with classmates’ posts, providing constructive feedback and advancing the discussion.
Clarity and Organization: Presents ideas in a clear, organized, and logical manner.
Citation: Properly cites all references using APA or MLA citation style.
Note: While discussing this sensitive topic, please remain respectful of differing opinions and perspectives. The goal is to foster a thoughtful and informed discussion on a complex issue.

SPECIFICATIONS

Please ensure you do not copy information from the textbook or websites. I am looking for your work. List the sources you used in a bibliography at the end of your paper. If you need assistance in developing your bibliography visit the following website: http://www.aresearchguide.com/12biblio.html Ensure you include a bibliography at the end of your discussion posting citing sources you used to develop you post. Do not copy any information from your textbook or other sources. Your paper should consist of no more than 20% cited material.

 

Sample solution

Dante Alighieri played a critical role in the literature world through his poem Divine Comedy that was written in the 14th century. The poem contains Inferno, Purgatorio, and Paradiso. The Inferno is a description of the nine circles of torment that are found on the earth. It depicts the realms of the people that have gone against the spiritual values and who, instead, have chosen bestial appetite, violence, or fraud and malice. The nine circles of hell are limbo, lust, gluttony, greed and wrath. Others are heresy, violence, fraud, and treachery. The purpose of this paper is to examine the Dante’s Inferno in the perspective of its portrayal of God’s image and the justification of hell. 

In this epic poem, God is portrayed as a super being guilty of multiple weaknesses including being egotistic, unjust, and hypocritical. Dante, in this poem, depicts God as being more human than divine by challenging God’s omnipotence. Additionally, the manner in which Dante describes Hell is in full contradiction to the morals of God as written in the Bible. When god arranges Hell to flatter Himself, He commits egotism, a sin that is common among human beings (Cheney, 2016). The weakness is depicted in Limbo and on the Gate of Hell where, for instance, God sends those who do not worship Him to Hell. This implies that failure to worship Him is a sin.


This question has been answered

God is also depicted as lacking justice in His actions thus removing the godly image. The injustice is portrayed by the manner in which the sodomites and opportunists are treated. The opportunists are subjected to banner chasing in their lives after death followed by being stung by insects and maggots. They are known to having done neither good nor bad during their lifetimes and, therefore, justice could have demanded that they be granted a neutral punishment having lived a neutral life. The sodomites are also punished unfairly by God when Brunetto Lattini is condemned to hell despite being a good leader (Babor, T. F., McGovern, T., & Robaina, K. (2017). While he commited sodomy, God chooses to ignore all the other good deeds that Brunetto did.

Finally, God is also portrayed as being hypocritical in His actions, a sin that further diminishes His godliness and makes Him more human. A case in point is when God condemns the sin of egotism and goes ahead to commit it repeatedly. Proverbs 29:23 states that “arrogance will bring your downfall, but if you are humble, you will be respected.” When Slattery condemns Dante’s human state as being weak, doubtful, and limited, he is proving God’s hypocrisy because He is also human (Verdicchio, 2015). The actions of God in Hell as portrayed by Dante are inconsistent with the Biblical literature. Both Dante and God are prone to making mistakes, something common among human beings thus making God more human.

To wrap it up, Dante portrays God is more human since He commits the same sins that humans commit: egotism, hypocrisy, and injustice. Hell is justified as being a destination for victims of the mistakes committed by God. The Hell is presented as being a totally different place as compared to what is written about it in the Bible. As a result, reading through the text gives an image of God who is prone to the very mistakes common to humans thus ripping Him off His lofty status of divine and, instead, making Him a mere human. Whether or not Dante did it intentionally is subject to debate but one thing is clear in the poem: the misconstrued notion of God is revealed to future generations.

 

References

Babor, T. F., McGovern, T., & Robaina, K. (2017). Dante’s inferno: Seven deadly sins in scientific publishing and how to avoid them. Addiction Science: A Guide for the Perplexed, 267.

Cheney, L. D. G. (2016). Illustrations for Dante’s Inferno: A Comparative Study of Sandro Botticelli, Giovanni Stradano, and Federico Zuccaro. Cultural and Religious Studies, 4(8), 487.

Verdicchio, M. (2015). Irony and Desire in Dante’s” Inferno” 27. Italica, 285-297.

Sample Answer

Sample Answer

 

Police Officer Liability in Terminating Vehicle Pursuit: A Legal and Ethical Analysis

In the scenario described, Officer Smith decided to terminate a high-speed pursuit of a driver who later caused a fatal crash resulting in the death of several individuals, including family members. The question arises whether Officer Smith should be held liable for the consequences of his decision to end the pursuit. This analysis will consider both legal and ethical perspectives to assess the officer’s potential liability.

Legal Perspective:

Relevant Case Law and Precedents:

– In Tennessee v. Garner (1985), the Supreme Court ruled that deadly force may not be used to prevent the escape of a fleeing suspect unless the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury.
– Case law may vary by jurisdiction, but generally, officers are expected to balance the risks of pursuit against the potential harm to the public.

Public Duty Doctrine:

– The public duty doctrine holds that law enforcement officers owe a duty to the public at large rather than to specific individuals. This doctrine may shield officers from liability in situations where they are making decisions in the interest of public safety.

Potential Defenses:

– Officer Smith may argue that he made a judgment call based on concerns for public safety and the risks involved in continuing the pursuit at high speeds.
– He may also claim qualified immunity, asserting that his actions were reasonable under the circumstances as perceived by a law enforcement officer.

Ethical Perspective:

Balancing Public Safety and Risks:

– Officers have an ethical responsibility to weigh the potential dangers of high-speed pursuits against the benefits of apprehending suspects.
– Officer Smith’s decision to prioritize public safety and avoid escalating risks by ending the pursuit can be viewed as an ethical choice.

Moral Responsibility:

– While Officer Smith may not be directly responsible for the actions of the driver after terminating the pursuit, ethical considerations may suggest a shared moral responsibility in ensuring public safety.
– The driver’s negligent and reckless behavior cannot be solely attributed to Officer Smith’s decision to discontinue the pursuit.

In conclusion, the liability of Officer Smith in this scenario is complex and multifaceted. From a legal standpoint, his actions may be defensible under doctrines such as qualified immunity and the public duty doctrine. Ethically, his decision reflects a commitment to public safety and a recognition of the risks associated with high-speed pursuits. Ultimately, a thorough examination of both legal precedents and ethical principles is necessary to assess Officer Smith’s liability in this tragic situation.

Bibliography:

1. Graham v. Connor, 490 U.S. 386 (1989)
2. Tennessee v. Garner, 471 U.S. 1 (1985)
3. Alpert, G. P., & Smith, W. C. (1994). How reasonable is the reasonable man?: Police and excessive force. Journal of Criminal Law and Criminology, 85(2), 481-501.
4. Kappeler, V. E., Sluder, R. D., & Alpert, G. P. (1998). Forces of deviance: Understanding the dark side of policing (2nd ed.). Prospect Heights, IL: Waveland Press.

 

 

This question has been answered.

Get Answer