Vuong Ly 908734910 CJ 300 Due: March 8, 2012 Homework No.

2 Police Excessive Use of Force 1) When was pepper spray oleoresin capsicum (OC) approved for use in California? Who approved its use? A: Pepper spray was approved in California in October 1992. FTU (Federal Bureau of Investigation Firearms Training Unit) approved of the oleoresin capsicum. 2) What is the legal citation for the use of pepper spray in the Pacific Coast Logging Co. case in Humboldt County in 1997? How was this tool deployed by the sheriff¶s department? What was the rationale for deploying OC instead of cutting the chains and lock boxes used by the antilogging protesters to prevent officers from removing them from the premises or the trees they were protecting? Did the officers make any attempt to negotiate or bargain? A: The use of pepper spray by law enforcement against non-violent protestors has been found to be a violation of the 4th amendment rights of the protesters in the case of Lundberg v. Humboldt. Humboldt County Sheriff Dennis Lewis and Chief Deputy Sheriff Gary Philp authorized the use of pepper spray. The Sheriff¶s department organized a ³special response´ team that began using pepper spray in order to force protestors to release themselves from the black bears. The reason they used pepper spray instead of cutting the chains and lock boxes because they said that the protestors¶ use of ³black bears´ constituted µactive¶ resistance to arrest, meriting the use of force. The officers warned that pepper spray would be used if the protestors did not release themselves from the black bear so yes, they were warned. 3) When would you use OC or say Tasers or batons to clear a crowd? What is the difference between an offensive and defensive tactic in crowd control? Should different tactics and protocols be employed for nonviolent political activists? Are campuses different from city parks? Explain. A: I would use OC/Tasers/Batons to clear a crowd when there¶s a violent group of crowds that is going out of control. However, nonviolent protestors or crowd does not require the use of excessive force. An offensive tactic in crowd control is when you use force in order to threaten the crowd to stop doing what they¶re doing and a defensive tactic would be trying to negotiate the crowd or bargain with them to stop doing what they¶re doing. Yes, different tactics and protocols should be employed for nonviolent political activists. There¶s no reason to hurt

but causing a violent riot is a different story. Those need to be under control.´ 5) In the UC Davis case of OC deployment on non-resisting demonstrators. Immunity therefore means that in the typical police-suspect interaction. rather than ministerial. (2) discretionary. or omissions that are: (1) made within the scope of their official duties while in the course of their employment. she wants the tent to be removed. What was the final jury decision in the federal trial in San Francisco? Jury verdict was _____? What were the economic damages awarded by the jury to the 9 plaintiffs in that case? Explain the heart of the case: ³Did the police use unreasonable force in violation of the Fourth Amendment?´ A: Three trials were involved in the logging protestors matter. she should be accountable for findings of excessive use of force. the suspect cannot sue the police. Mere negligence. the court denied the defendant¶s motions for JMOL and a new trial and finds the plaintiffs are entitled to a reasonable attorneys¶ fee in an amount to be determined. is not enough to create liability. Campuses are different from city parks in my opinion because a protest in city parks would try to gain control of the streets and cause traffic while protest on campuses are well. The protesters' use of the lock-down . and in the article I read. the chancellor said she authorized police to remove tents. Civil rights remedies come into play for willful police conduct that violates an individual's constitutional rights. The buck should stops with the person responsible. in conclusion. 2004 and the third trial began April 11. 2005. The New Hampshire Supreme Court held that: ³Municipal police officers are immune from personal liability for decisions. and (3) not made in a wanton or reckless manner. 6) How many trials were involved in the logging protestors matter (give dates). The first one occurred in 1998. 4) Are sheriffs and police personnel when on duty immune from civil lawsuits for damages? Cite the California or Supreme Court president cases. The second trial began Sept. The jury awarded each plaintiff only $1. it would be the person spraying the pepper spray on the peaceful demonstrators. However. should anyone in the police or chancellor¶s office be fired? Where does the buck stop? If the campus chancellor said prevent tents and camping ³at all costs´ should he/she be held accountable for findings of excessive use of force? A: If anyone should be fired. then yes. but not use pepper spray. unreasonable conduct is demonstrated.someone if they¶re being peaceful. They have more to do with gathering and chanting to fight for education rather than blocking traffic flow. A: Police are immune from suit for the performance of their jobs unless willful. Jury verdict resulted in victory for the plaintiffs. At all cost means that regardless of the cost involved. They were not given orders to. It took the jury approximately 11 hours of deliberation to come back with the verdict. the failure to exercise due care. protests on campus. If the campus chancellor did say to prevent tents and camping ³at all costs´. acts.

Yes. A Makita grinder is an electric grinder used to cut through steel was usually used to remove the locks. property damage is considered a form of violence. deploying tear gas canisters and rubber bullets isn¶t justifiable. and with minimal impact upon the community. In the last 10 years. but in this case. .devices is at the heart of this case. I believe the object that hit Olsen was not intentional as well.pdf. They must know what to do in the face of a crime. I wouldn¶t say the police used unreasonable force in violation of the Fourth Amendment in this case because they did warn the protestors and they did ask them to remove themselves of the lock and water will be given to clear their eyes. pepper spray was used. This is because his brain injury will prevent him from having clear memories in court. but it¶s still a form of violence because you are damaging something. I expect the same standards from them because polices are still polices. They should be trained equally as they are sworn officers of the law. Under what circumstances would this be justified? When would it be unreasonable force? Is deliberate property damage by demonstrators classified or defined as ³violence´ or is violence only harm to humans? The Iraq war veteran suffered a brain injury from a tear gas projectile and he will sue the city. in No. It also signifies that you are willing to do harm in order to get the result you want. 7) Oakland and mutual assistance agreement outside departments deployed tear gas canisters and rubber bullets against the OWS demonstrators recently. It is unreasonable force when you have a peaceful assembly and you have police using excessive force to control the assembly. Source: lib. They also did actively resist by using the lock down-devices. Oakland paid about $57 million in terms of monetary settlements for excessive use of police force. say. the commitment and responsibility of law enforcement is to control lawfully. efficiently. A: Unless riot broke out or someone got seriously injured/killed as a result of protesting. They should at least have knowledge of the place they work at & its surroundings though. It¶s not necessarily bodily harm. 8) What are the OC deployment standards issued by the California Commission on Peace Officer Standards and Training? Cite the source and give some of the Commission¶s guidelines. Basically. I don¶t think the Scott Olsen have the case. need better training? How about campus presidents and chancellors? Do you expect higher standards of them than. It was just an accident and the police who fired it could not have predicted where it Does he have the case? Why or why not? How much in monetary settlements for excessive use of police force have the city of Oakland paid out in the past 10 years (approx.)? The current city deficit by the way is $58 million. Guidelines: ³When it becomes necessary to control the actions of a crowd that constitutes an unlawful assembly. it¶s a self-releasing lock and linked two protestors together. municipal police departments? A: Penal Code Section 135145 requires the Commission on Peace officer standards and training to establish guidelines and training for law enforcement¶s response to crowd management and civil I don¶t think campus police needs better training nor do campus presidents and chancellors. Do campus police.

female protesters in New York City. The force is not justified and not within policy and is not what other officers would do in similar situation." 10) Make up your own short definition of ³excessive use of force´ for demonstrators. including students at University of California. He was shocked at how police have used the chemical agent on nonviolent Occupy Wall Street protesters nationwide. and the first thing that came to my mind wasn¶t police or students. That¶s why I¶ve come up. And that¶s why I was shocked. and an 84-year-old activist in Seattle.9) The original inventor of ³weapons grade´ pepper spray for the FBI in the 1980s was _____________? What was his view of the UC Davis incident? A: The original inventor of ³weapons grade´ pepper spray for the FBI in the 1980s was Kamran Loghman. and I feel it¶s my civic duty to explain to the public that this is not what pepper spray was developed for. and I've never seen this before. "The use was just absolutely out of ordinary. I personally certified 4. . who in the 1980s helped the FBI develop weapons-grade pepper spray and collaborated with police departments to develop guidelines for its use. and their being shot and forced by chemical agents." says Loghman. A: Excessive use of force is when authorities use force that¶s considered beyond necessary to arrest someone. Davis. "I saw it. was my own children sitting down.000 police officers in the early '80s and ¶90s. and it was not in accordance with any training or policy of any department that I know of. having an opinion.

These are authorities we look up upon and they are supposed to protect us. This is because we lie to protect our privacy. The first case is U. is there a right to lie? 1. their lies were not covered by the first .Vuong Ly 908734910 CJ 300 Due: March 8. v. if lying causes serious harm or damages. our jail will be way too overcrowded. but we were able to vote against it and so avoided the slope. False speech should be constitutionally protected to a certain extend in my opinion. A: Lying in general isn¶t a crime unless it¶s under oath. which held that the Stolen Valor Act was an unconstitutional violation to the first amendment and the second case is about Steven Douglas Burton vs. However. Another California man was sentenced for attending his high school reunion dressed in a marine uniform with various medals (he was a banker and never in the military). Some would consider Alvarez¶s lies and Burton¶s lies as being identical to identity theft. U. I feel that these cases are quite complicated.S. we do have the Stolen Valor Act and they violated that act. then we will start to lose hopes. Criminal Behavior. However. in Alvarez¶s case and Burton¶s case. Should law enforcement officials be empowered to arrest citizens who tell a lie about themselves in a public venue? Would you favor a law that criminalized politicians making false claims about their qualifications for public office? Should ³false speech´ be constitutionally protected? In the case of U. you want to help them. I feel that they aren¶t harming anyone by those lies. a case in which Burton was charged under the Stolen Valor Act.S. v Xavier Alvarez the government is prosecuting a man under the Stolen Valor Act which has enhanced sentence for claiming to have received the MOH. but at the same time. However.. we would be heading down the slippery slope. Was this covered by the First Amendment? Are we in America headed down a slippery slope of government suppression of free speech? Comment on these cases and find the legal citations. and we can even lie to make someone feel better. If someone is fat and lack self-esteem. In terms of heading down a slippery slope. If we had allowed the SOPA & PIPA act to pass. 2012 Free speech v. but that would be considered perjury. These shouldn¶t be illegal. to avoid hurting someone. they should be considered a crime. We vote on whom we think best serves that purpose and if we have a politician lying. I would favor law that criminalized politicians making false claims about their qualifications for public office.S. not call them a fat ass.A. I believe that we were close to slipping. hate speech. Alvarez. I don¶t think that law enforcement officials should be empowered to arrest citizens who tell a lie about themselves in a public venue because if they did have that power.

U. KKK peaked in the mid -1920s. This is because he only had good intentions and at the end. The first amendment stated that lying about receiving military medals is a federal offense and they violated that.S. How many people were lynched in the U.S.amendment.000 to each of the approximately 60. We incarcerated Japanese Americans in ³relocation camps´ during WWII.000 survivors of the internment camps. Congress reassessed the internment in the early 1980s. and in 1989 authorized reparations of $] a 1944 case. U. Were damages ever paid to Japanese internees? Was this a racist policy? How many went into these camps? A: Koretmatsu v.297 whites were lynched between 1882 and 1968. most notably the Indian Civil Rights Act of 1968. which ordered Japanese Americans into internment camps during World War II.´ In 1988. after the Civil War? What percentage were African American and in which states? What year did membership in the KKK peak and how many active chapters exist in America today? Define a ³hate crime.? A: Indian Civil Rights Act (1968).´ Is displaying a noose in an Alabama college dorm hallway a hate crime? To convict a person of a crime such as murder. the Southern . also called the Indian Bill of Rights. Native Americans were guaranteed many civil rights they had been fighting for. Nearly 120.S. 4. President Lincoln was justified. 72.S. in your opinion? A: President Lincoln suspended the Writ of Habeas Corpus at the beginning of the Civil War so that he can ensure victory and preserve the union. Even though Ku Klux Klan membership is secret. but no Germans and Italians in the U. Mayes. 2. Find out what happened in Koretmatsu v. 163 U. The case of Talton v. What year and in what case were Native Americans finally recognized as citizens of the U.findlaw. he saved the Union. does the state have to prove ³motive´? What is mens rea? What is the difference between motive and intent in criminal law? Is criminal thought illegal? When can you be arrested for ³criminal intent´ or attempted crime? Are the penalties less for attempted murder? Why? A: The Tuskegee institute had recorded 3.S. 3.446 blacks and 1.000 Japanese Americans were under lock and key. [laws.7 percent of the lynching were African Americans from Southern States. 376 is the case which had an effect on legislation. Why did President Lincoln suspend the Writ of Habeas Corpus at the beginning of the Civil War? Was he justified. and in 1982 and 1983 issued a report called Personal Justice Denied which determined that military considerations had not required the removal of Japanese Americans and concluded that the Korematsu decision had been ³overruled in the court of history. was a landmark United States Supreme Court case concerning the constitutionality of Executive Order 9066.S. 5. In my opinion. Congress issued a formal apology for the suffering and loss of property the internment order had caused.

000 and 8. Intent is what needs to be established for a conviction. it may involve ruthless attacks the victim was just lucky to survive from. used to have about 4 million members in 1925. This hate group. victims have not been harmed. motive really comes in to it at the police investigation stage of the case and intention is used to convict the case. Mens rea is: put simply the guilty mind. he or she does any act at which is a substantial step toward the commission of that crime. with intent to commit a specific crime. gender. Yes. The penalties for attempted murder are higher than attempted crime because in attempted crime. Motive is not needed to convict someone of murder because why you did it is not important. a noose in Alabama college dorm is a hate crime because a noose is a symbol for the prejudice in this country and it has a big history to it. In criminal law. or disability. . national origin.000 KKK members today. Most of these chapters are located in the southern region of the US. You can arrest someone for criminal intent or attempted crime when a person is guilty of an attempt to commit a crime if. and in attempted murder. sexual orientation. Criminal thought is not illegal because it doesn¶t make sense to prosecute ³what we think [criminals] were thinking as opposed to what they did´. distributed in nearly 180 different Klan factions (or chapters). organized in 1865. ancestry.Poverty Law Center (SPLC) estimates there are between 5. religion. color. A hate crime is a when someone targets a victim because of their perceived race.

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