Hymon V. Garner Case Study

According to the evidence presented, the Slager shot the victim six times when the victim presented no threat. The taser was used twice but it failed to subdue the victim. The victim was pulled

The case of Tennessee v Garner The case of Tennessee v Garner is about use of deadly force, officer shot and killed and unarmed suspect in an ongoing robbery. Facts of the case Memphis officers Leslie Wright and Elton Hymon were called about a robbery taking place. Once they arrived on the scene the neighbor who called the robbery told the officers she heard glass breaking and someone was trying to break in.

In the case of Tennessee vs Garner 471 US 1 1985 Edward Garner a 15 year old young man broke into a house, he was found hiding outside in the backyard by responding Officer Elton Hymen. Gardner made a fatal decision to flee even after being ordered by the police to stop, Garner tried to climb a six foot fence at that point officer Hymen shot and killed Garner. In this case the U.S. Supreme Court declared the “Fleeing Felon Doctrine” unconstitutional in that it violated the Fourth Amendment in that it was an unreasonable seizure. In Justice White delivery of the Courts opinion they “conclude that such force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant

Garner case is that officers in question shot and killed an unarmed, non dangerous fleeing suspected felon. This case was brought forth by the victim’s family stating that the victim’s constitutional rights were violated by the actions of these two officers. The question bought into question was is the force used constitutional or unconstitutional. If indeed it was unconstitutional it would mean that the force used was excessive therefore

Jennifer Dobner brings information that the victim was running from the police as he was shot in the back six times in the back. On the other hand in “Man shot behind by police, family says; prosecutors: he lunged with sword” authors Holly Yan and Shawn Nottingham offers information that the Saratoga

Argumentative Essay-Rough Draft On July 17, 2014, Eric Garner was put into an against policy chokehold by Daniel Pantaleo of the NYPD. An hour later, he died from his injuries. On December 3, a grand jury decided not to indict Daniel Pantaleo. Regardless of there being video proof, the grand jury decided that there was not enough evidence to indict him.

He often uses his hands to exemplify his point that he has done nothing wrong and that the officers are targeting him based on their own prejudices. Garner never steps towards the officers, and he never makes attempts to physically harm anyone in the video. His body language also portrays that he felt cornered by the eight surrounding officers. Garner was backed against a wall, as multiple police officers persistently questioned him about selling illegal cigarettes. The circle of officers then encloses around Garner.

"Why are you following me" Zimmerman asks Trayvon " What are you doing around here" Based on the reports there were two different stories. Next thing that happened Trayvon and Zimmerman were tassling on the ground. Zimmerman than shots Trayvon which a neighbor witness. Zimmerman says it was in self defense. An officer arrived at the scene in less than a few minutes where he seen Zimmerman standing by Trayvon 's body.

Agents said Sipple started up to eight shots. He was taken into guardianship at that scene almost 20 minutes before Melton was shot at 22nd Street and Haskell Avenue. Police said the ambush on a law requirement officer charge is on the grounds that he had a firearm

The type of weapon in officer chooses to used is an important factor in an officer's decision to use deadly force. To a police officer, deadly force is deadly force, whether the subject is wielding a knife, an ax, a gun or even a baseball bat. All of these have the potential to take a life or cause severe bodily harm. To be justified in using deadly force, officers must be able to articulate that the perpetrator had the apparent ability, opportunity and reasonably perceived intent to commit an act likely to cause death or great bodily

In today’s modern society, many feel that is okay for a police officer can kill a man armed with a harmful weapon at any cost. On many news channels, there are various amounts of articles and reports about a police officer committing this act. Even though a police officer has the right to take action against an armed man, this could be argued in many circumstances. In the 2013, Sammy Yatim was a young adult with a mental illness and was armed with a weapon on a streetcar in Toronto. Yatim was confronted by Const.

62 seconds later Philando Castile was shot dead by 7 rounds from Officer Jeronimo Yanez’s gun. It sparked the media’s attention due to the video that came along with the fatal death of the black male. His girlfriend, Ms. Reynolds, shared the video to gain publicity to help put the police officer on the stand. A few days ago, Jeronimo Yanez was charged with manslaughter and different weapon charges that

In the article Shaun King goes over several situations in which the police officer(s) felt that discharging their fire arm was not only justifiable but deemed the situation to be dangerous for the lives of themselves, and others in the area without provocation thus creating a public execution without a trial; infringing upon the victims constitutional rights.

Involuntary manslaughter is the unintentional killing of another, because of a negligent of unlawful act. Felony Murder Rule The felony murder rule is a highly criticized rule because it holds all parties of a crime liable for any death that occurred during the commission of the crime. Even if the death was not directly performed by one of the felons, they will all be charged. For example: During a robbery someone dies of a heart attach.

This idea came up in a major Supreme Court case in 1985 called Tennessee v. Garner where the judges questioned the constitutionality of shooting at an unarmed suspect. In this case, a police officer from Memphis came out to a neighborhood at night to investigate a complaint of a possible burglary. Upon arrival at the house in question, the officer heard a noise and saw a person trying to escape over the fence. When the suspect did not stop after a warning from the officer, the policeman shot and killed the suspect. After a long series of trials, the previous statute of Tennessee was overturned and replaced with a new one that included a new phrase.