As it is, it works both ways. Either argument can be made and fly, to a review Bord, a Jury, etc...
But as an Officer has training as to when, and when not to use deadly force, they should be held to a higher standard than a civilian, or in other words, a civilian held to a lower standard.
"The law is reason, free from passion."
Dragging Obama into this doesnt change who and what you are.
Neither would I. Nor would hardly a soul.
Cops need that protection. As long as they are performing their duties in good faith and according the manner they should, they cannot face criminal charges for false imprisonment, nor assault/battery charge for forcefully restraining suspects, etc.
If they had the same liabilities as citizens, cops would be going to prison and being sued left and right every time they made an arrest that didn't lead to a conviction
Honestly, I cannot imagine why you would think that cops do not need this protection.
It's startling really.
TNvG proposes a two part test for when it is constitutionally okay for a cop to shoot a fleeing suspect.
Failing either part of the test means that the case "does not justify the use of deadly force"
Greer's situation fails both parts of the test.
So if Greer had been a cop, the shooting still would have been illegal.
Eliminating current, existing danger with deadly force as needed = GOOD JOB! YAY!
Eliminating hypothetical threat at some future point in time = murder. Boo!
It's that simple. It really is.
Stopping a felony in progress is what Greer did when he first started shooting at the crooks while they were in his house.
YAY! GO GREER! GOOD JOB!
We all cheer him for this.
Perfectly legal and ethical.
When Greer shot Miller, the felony had been stopped. There was no existing danger which had to be stopped by killing Miller.
The differences between these scenarios that are offered for comparison and Greer's situation seem readily obvious.
I may be wrong.
CA penal code regarding homicide has been cited upthread.
Can anyone make a case in Greer's favor out of that?
The only case presented on Greer's behalf so far is, "My feelings are that he ought not be charged."
I may be wrong.
No Lives Matter