PLUMHOFF V. RICKARD
The Respondent
Ethical Approaches
General Overview
The Petitioner
The Power of Perception
"In the law, justice is upholding social control, mitigating and deterring crime."
-Environment; Perception of Officer During Pursuit.
-Importance of Mind Set
*Focused
*Maintain Composure
-Why would people flee from the police?
*Flight or Fright response kicks in where there is a perceived threat
1. Teleological: Uses a combination of intentions, potential outcomes, and reality of the situation.
2. Consequentialist: The moral value of an action comes from the consequences of an action.
3. Deontological: Focuses on the intention of the action.
4. Relativism: Each person and each situation is unique because each person creates their own moral beliefs.
-Michael Mosely, is arguing on behalf of the six police officials from West Memphis, Arkansas.
-Two Precedent Cases:
1. Smith v. Cupp (2005)
2. Scott v. Harris (2007)
-Issue of Public Safety
-The Presence of the Passenger
-Gary Smith filed the lawsuit for the daughter of Donald Rickard.
Smith's Case: use of excessive force endangered innocent bystanders.
-Contends Rickard did not try to start fleeing again, Justice Kennedy replied, "What do you mean? He is going to the police station?"
-Police could have shot the tires
-The Essential Question:
Was there clearly established law that made it apparent that this was improper police conduct?
Video: July 3, 2004
Our Reflection
Resources
-The Precedent: Scott v. Harris (2007); SCOTUS held that respondent posed a substantial and immediate risk of serious physical injury to others.
-The Importance of Plumhoff v. Rickard
-The families of the decedents filed this suit against the police officers involved in the shooting.
-Conflict:
Rickard's lack of compliance.
Was the officer's use of force excessive?
-Result:
The death of two people.
Barnes, Robert. (2014). Supreme Court justices grill plaintiff’s lawyer in suit over police chase that ended in 2 deaths. http://www.washingtonpost.com/politics/supreme-court-justices-grill-plaintiffs-lawyer-in-suit-over-police-chase-that-ended-in-2-deaths/2014/03/04/93255382-a3de-11e3-8466-d34c451760b9_story.html?hpid=z3
Bloomberg Law. (2014). Plumhoff v. Rickard. http://www.scotusblog.com/case-files/cases/plumhoff-v-rickard/
Transcript: http://www.supremecourt.gov/oral_arguments/argument_transcripts/12-1117_f2ag.pdf
Banks: Discrimination in Criminal Justice System http://www.sagepub.com/upm-data/4031_Banks_Chapter_1_Proof.pdf