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Transcript

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

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