BehindBlueI's
Grandmaster
- Oct 3, 2012
- 26,608
- 113
If her husband/boyfriend/ neighbor shot her in the exact circumstances? What would be your thoughts? That should be the measure of reasonable actions the police can take as well. I think we all know the answer here, or considering it’s Ingo maybe not.
Maybe it "should be" but it isn't how it is. In a very high level overview, one element of criminal activity is mindset, which is why not guilty by reason of insanity and small children having no criminal culpability is a thing. You did something that was criminal, but did not have the intention to, or knowledge of, the act you were taking. (This doesn't always apply, voluntary intoxication isn't a defense since you purposefully lowered your own inhibitions/cognitive function)
Because of that, an officer's training and experience becomes relevant for both prosecution and defense (as can anyone's). It goes to establishing mindset. If I disregarded my training, why? Similarly, acting within training is a defense. I did X because I recognized Y as a deadly threat due to previous experience with the same behaviors or training to recognize pre-attack indicators, reactionary gaps, and action vs reaction timing. The sword cuts both ways, in other words.
This doesn't just apply to officers, and is why Massad Ayoob recommends keeping a copy of notes from training, books you've read, etc in a way that proves when you learned the thing you're using to justify your actions.
TLDR: IF he is outside his training, he's likely to be found more culpable than Average Joe in the same circumstances.