New Law Makes It Harder for California’s Cops to Get Away with Killing People
by Douglas Ankney
Beginning January 1, 2020, cops in California will be allowed to use deadly force only when the “officer reasonably believes ... that deadly force is necessary to defend against an imminent threat of death or serious bodily injury.”
The law was inspired by the 2018 shooting of Stephon Clark, an unarmed black father of two killed by police in his grandparents’ backyard when officers claimed they mistook his cellphone for a gun.
Under the new law, if investigators determine that an officer used lethal force when there was a reasonable alternative, the officer could face criminal charges, civil liability, and disciplinary action. Current law across the country permits use of force if it is “objectively reasonable,” which civil rights advocates and families of people murdered by police criticize as being a standard that is too low.
Peter Bibring, director of police practices at the American Civil Liberties Union of Southern California, said, “We expect this legislation to save lives.”
But Melina Abdullah, leader of the Los Angeles chapter of Black Lives Matter, said, “Unfortunately, in efforts to get law enforcement to lift their opposition, the bill was so significantly amended that it is no longer the kind of meaningful legislation we can support.”
Law enforcement unions had vigorously opposed the bill, prompting amendments to remove requirements for police to de-escalate tensions when interacting with the public.
---
Source: theguardian.com
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- News in Brief
- $750,000 Settlement for St. Louis County Cops Shooting Dog, by Jayson Hawkins
- The Two-Edged Sword of DNA Exonerates Another Prisoner, by Edward Lyon
- National Fingerprint Database Frees Man After 36 Years, by Jayson Hawkins
- Free Speech Is Sometimes Expensive, by Edward Lyon
- New York City Cops Can Always Tell by Just the Smell, by Edward Lyon
- Man Freed Who Sat in Prison Nearly 30 Years While Prosecutors Withheld Evidence of Innocence, by Dale Chappell
- Payouts for Police Misconduct Claims Rise While Number of Claims Appear to Fall, by Douglas Ankney
- Michigan Supreme Court Reverses Criminal Sexual Conduct Convictions in Two Consolidated Cases Due to Improperly Admitted Expert Testimony, by Douglas Ankney
- High Bail Amounts Lead to Sharp Increase in Franklin, PA, Jail Population, by Dale Chappell
- New Law Makes It Harder for California’s Cops to Get Away with Killing People, by Douglas Ankney
- Not Guilty but Punished Anyway, by Douglas Ankney
- Maryland Court of Appeals Announces Circuit Court Retains Authority to Exercise Its Revisory Power for Up to Five Years After Granting Belated Postconviction Motion, by Douglas Ankney
- Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law, by Douglas Ankney
- Ninth Circuit: Federal Sentencing Court Must Hear Defendant Before Determining If Acceptance of Responsibility Reduction Applies, by David Reutter
- Sixth Circuit Grants § 2254 Habeas Relief in Unusual Case of Attorney Failing to Initiate Plea Negotiations, by Douglas Ankney
- Law Professor Peeks at Prosecutor’s Veiled DNA Database, by Douglas Ankney
- Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process, by Douglas Ankney
- Seventh Circuit Vacates Conviction and Remands for a Franks Hearing, by Douglas Ankney
- California Supreme Court Holds Discovery Statute Requiring ‘Good Cause’ Not Applicable When Evidence Held by Court, by Dale Chappell
- Minnesota Supreme Court Announces Heightened Pleading Standard for Birchfield/Johnson Claims Raised in Collateral Postconviction Proceedings, by Douglas Ankney
- Missouri Supreme Court Clarifies Defendant Is Entitled to Self-Defense Instruction When Substantial Evidence Supports Instruction Regardless of Whether Defendant Presented Evidence Contrary to Self-Defense, by Douglas Ankney
- Ninth Circuit Reverses Convictions Where Trial Court Failed to Provide Oral Jury Instructions, by Chad Marks
- Tenth Circuit: ‘Relevant Background Law’ Trumps Unclear Record in Granting § 2255 Relief From Johnson Error, by Michael Berk
- Another notable (but ultimately disappointing) ruling about sentence reductions under § 3582(c)(1)(A) after FIRST STEP Act, by Professor Douglas A. Berman
- Maryland Court of Appeals Abrogates Rule Requiring Corroboration of Accomplices’ Testimony and Announces New Rule, by Douglas Ankney
- In Landmark Opinion, Colorado Supreme Court Announces Courts May Not Sentence Defendant to Both Prison and Probation in Multi-Count Cases, by Richard Resch
- 9th Circuit: Sentence Under 18 U.S.C. § 3583(k) Violated Ex Post Facto Clause When Underlying Offense Was Committed in 2005, by Douglas Ankney
- California Supreme Court: Where Electronics Search Condition of Probation Is Not Reasonably Related to Future Criminality, Condition Is Invalid, by Douglas Ankney
- Risk Assessments in Cook County Ineffective, by Jayson Hawkins
- $2.4 Million Paid by Sacramento in Wrongful Death Suit of Stephon Clark, by Kevin Bliss
- Second Circuit: Federal Habeas Relief Warranted Where State Trial Court’s Evidentiary Rulings Deprived Defendant of Right to Present a Complete Defense, by Douglas Ankney
- South Carolina Supreme Court Grants New Trial Based on IAC Because of Botched Alibi Defense, by Dale Chappell
- Massachusetts Supreme Court Suppresses Evidence Obtained After Miranda Warnings Translated into Spanish Deemed Incapable of Conveying Meaningful Advice, by David Reutter
- Civil Death Laws: When Life is Death, by Jayson Hawkins
- 10th Circuit: Child Porn Stored on Multiple Devices Constitutes One Count of Possession Under 18 U.S.C. § 2252A(a)(5)(B), by Douglas Ankney
- Tell Me What I Want to Hear, Not What I Need to Hear: How Confirmation Bias Causes Wrongful Convictions, by Dale Chappell
- Flaws in Mobile Phone Records Free Danish Prisoners, by Jayson Hawkins
- Second Circuit Clarifies Conditions for Releasing a Defendant on Bail to Home Detention With Private Armed Security Guards, by Douglas Ankney
- Eighth Circuit Vacates Sentence for Improper Supervision Length After ACCA Enhancement Removed, by Anthony Accurso
- Oregon Supreme Court Explains PCR ‘Escape Clause’ Availability for Untimely Filed Petitions, by Mark Wilson
- Roadmap for Filing a Second or Successive § 2255 Motion Under Davis, by Dale Chappell
- Law Crazy, Government’s Insatiable Desire to Criminalize All Facets of Life, by Edward Lyon
- Why Juries Need Expert Help Assessing Jailhouse Informants, by Alexandra Natapoff
- Massachusetts Supreme Court Suppresses Evidence Obtained Following Illegally Prolonged Traffic Stop, Orders New Trial, by Douglas Ankney
- How the Secretive 'Discipline' Process for Federal Prosecutors Buries Misconduct Cases, by Shawn Musgrave, Samata Joshi, Brooke Williams
More from Douglas Ankney:
- Illinois Supreme Court Announces § 9-1.2(d) Sets Range of Sentences for Intentional Homicide of Unborn Child but Does Not Convert Offense Into Murder for Life-Sentence Enhancement, March 15, 2024
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024
- Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible, Feb. 15, 2024
- Tales From the ‘Tails’ of Bloodstains, Feb. 15, 2024
- Missouri Supreme Court Orders Dismissal of Pending Charges Where Trial Court Failed to Bring Prisoner to Trial Within 180-Day Limitations Period Provided for in ‘Interstate Agreement on Detainers’, Feb. 15, 2024
- Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed, Feb. 15, 2024
- Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing, Feb. 15, 2024
- New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively, Feb. 15, 2024
- Evidence Shows When Researchers Work Alongside Cops in the Field, De-escalation Training Is Implemented and Effective, Feb. 15, 2024
- Data Mining: Law Enforcement Pays Cash for Your Private Data and Saves on the Hassle of Complying With the Fourth Amendment, Feb. 15, 2024
More from these topics:
- Michigan Supreme Court: DOC Owes Attorney Fees in Public Records Case Even if Plaintiff Is Represented Pro Bono, Feb. 1, 2024. Attorney Fee Awards, Public Records, Public Records Act.
- Ohio Prisoner Wins $2,000 Settlement for Guard Abuse Claims, Loses Appeal to Uncover Identity of Prison Officials Who Negotiated It, Feb. 1, 2024. Settlements, Mandamus, Public Records, Public Records Act.
- California Bans Bogus ‘Excited Delirium’ Diagnosis as Cause of Death, Jan. 15, 2024. Medical Misconduct, junk science, Medical Neglect/Malpractice, Police--Excessive Force, Excessive Force (Wrongful Death), State Statutes.
- See No Evil, Hear No Evil, Treat No Evil: Centurion and the Curse of For-Profit Prison Healthcare, Jan. 1, 2024. MHM Inc., Corizon, Centurion, Misconduct/Corruption, Contractor Misconduct, Government Misconduct, Retaliation, Systemic Medical Neglect, Cancer, Private Contractors, Frivolous Litigation, Disclosure of Records, Declaratory Judgment, Public Records, Medical Neglect/Malpractice, PLN Litigation, Censorship, Articles About PLN, Public Records Act, Freedom of Information Act (FOIA), HRDC Litigation.
- $7.75 Million Paid by San Diego County After Jail Detainee Severely Injured in Fall from Top Bunk, Jan. 1, 2024. Guard Misconduct, Medication, Seizures, Failure to Treat, Bedding, Jail Specific, Disclosure of Records, Public Records.
- DeSantis Axes Florida Criminal Justice Reform, Dec. 1, 2023. Criminal justice system reform, Prior Convictions - Expungement or Reversal of.
- Ohio Supreme Court Awards Prisoner $700 From Sheriff Who Failed to Comply with Public Records Request, Nov. 15, 2023. Settlements, Public Records.
- The Almost Unknown Turkey Bowl and Black Sheep, Oct. 15, 2023. Exercise, Police.
- Academics Find Prisoners Denied Access to Public Information, Oct. 15, 2023. Public Records, Freedom of Information Act (FOIA).
- Utah Prisoner Blows Whistle on Abuse of Federal Grants, Leading to $1.55 Million Settlement – And New Law Restricting Prisoner Records Requests, Oct. 15, 2023. Whistleblowing, Settlements, Disclosure of Records, Public Records, Federal Funds.