Tuesday 22 January 2013

" Death by Cop ! "

It is a fact of life that some people commit suicide by creating a situation where the police have no option other than firing their weapons.   Just such a situation seems to have occurred in Bowral on Saturday. It is often referred to as " Death by Cop " for want of a better explanation.

In this case, a twenty-two year old male approached police and claimed to have a gun.  He threatened officers and pushed that threat to the point when they fired in self defence.  The victim is still alive, in hospital in a critical condition.

There will be an exhaustive police enquiry and the officer concerned will be subjected to stress.  Every aspect of the incident will be minutely investigated and the various civic interest groups will seek to have input. In such situations, the usual " Dammed if he did and damned if he didn't " will apply.

One aspect certain to feature will be the question of Taser use.   When Tasers were adopted for police use it was claimed they were less lethal than police pistols.  It was suggested that in many cases they could take down an armed offender in preference to a   "  police bullet. "   It seems certain that the question will be asked - why a Taser was not used in this situation ?

The decision of how to react to a threat is a personal decision that applies to each and every person in a dangerous situation.   In the cold, hard light of an enquiry they are later required to justify that decision.  In many cases, with the benefit of hindsight - they may have chosen a different way of handling the problem.

This is a dilemma that not only applies to police.   The ordinary person - confronting an intruder in their home - has to decide on the degree of force that may be necessary.   We have seen incidents when aggressive drunks have " king hit " innocent people on the streets and that person has died of brain injuries.  A " brain snap " can have vastly unintended results - to both the aggressor and the victim.

The law seems fairly clear on the use of force.   We are all entitled to use sufficient force to prevent our death or serious injury by an aggressor.   The problem is that to get the sanction of the laws that prevail, we must convince an enquirer that our action was necessary in the circumstances that prevailed.

Unfortunately, such decisions are not clear cut.   They will involve the relatives of the deceased - who may see things very differently, and then there are usually independent witnesses.   In the aftermath of shock, some people find their imagination replacing what they actually saw - and that can be damning if they conclude such an impression as fact.

That incident at Bowral will eventually run it's course through the enquiry and conclusion.   It will take time and involve a lot of public money.   The conclusion will probably not satisfy everybody involved, but such is the vagary of the law.   Unfortunately, for the cop involved - that is simply one of the occupational hazards of the job he has chosen as his career !


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