Title

Questionable Immunity

Presenter Information

Christopher Bertomeu

Document Type

Oral Presentation

Location

SURC 137A

Start Date

21-5-2015

End Date

21-5-2015

Keywords

Deadly Force, Immunity, Culpability

Abstract

Do military personnel have more restrictions on use of deadly force than domestic police? When you put on a uniform for work, and carry a sidearm, the public places great trust in the decisions you will make. Military personnel and police officers are afforded this trust, in which they are expected to do their jobs appropriately. What happens when one or the other breaks this trust and uses deadly force in the accomplishment of their jobs? It seems, in most cases, police officers are afforded qualified immunity when it comes to fatal shooting incidents, whereas military personnel are not afforded the same consideration. Do police officers experience more autonomy, while military personnel experience more bureaucracy? Do we expect more control over deadly use of force from our military personnel versus what we expect out of our police officers? These questions will be explored through statutes, case law, regulations, and recent incidents. With events happening in many departments and United States’ forces still deployed overseas, it is important to address these questions. Through education and understanding, a possibility for effective change can take place.

Faculty Mentor(s)

Charles Reasons

Department/Program

Law & Justice

Additional Mentoring Department

Law & Justice

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Questionable Immunity

SURC 137A

Do military personnel have more restrictions on use of deadly force than domestic police? When you put on a uniform for work, and carry a sidearm, the public places great trust in the decisions you will make. Military personnel and police officers are afforded this trust, in which they are expected to do their jobs appropriately. What happens when one or the other breaks this trust and uses deadly force in the accomplishment of their jobs? It seems, in most cases, police officers are afforded qualified immunity when it comes to fatal shooting incidents, whereas military personnel are not afforded the same consideration. Do police officers experience more autonomy, while military personnel experience more bureaucracy? Do we expect more control over deadly use of force from our military personnel versus what we expect out of our police officers? These questions will be explored through statutes, case law, regulations, and recent incidents. With events happening in many departments and United States’ forces still deployed overseas, it is important to address these questions. Through education and understanding, a possibility for effective change can take place.