Democrat Lisa McCormick made this response to the decision not to prosecute Sacramento police officers Jared Robinet and Terrence Mercadal, who were pursuing a vandalism suspect on March 18, 2018, when they fired 20 shots at Stephon Clark, killing the a 22-year-old unarmed black man who was in his grandmother’s backyard at the time.
I believe the standard for police use of force must be changed to require more prudence among those charged with protecting and serving society.
Since Tennessee v. Garner and Graham v. Connor, police are allowed to use lethal force based on what they ‘believe’ regardless of the actual facts of the case, a right not afforded to ordinary citizens.
Officers aren’t required to use the least amount of force but they should be. Whether their life is actually threatened or if they express an imaginary fear for their life, they can escalate right to the top with deadly force.”
Graham v. Connor excused an officer for using excessive force with a man who was diabetic and suffering from an insulin reaction, depsite the fact that the victim did nothing wrong. The officer had no business interfering with the innocent person while he was seeking to correct a medical problem, but judges ruled it was okay for police to break his foot and inflict other multiple injuries.
I have seen inumerable police brutality cases as well as evidence the government was illegally spying on citizens, that strongly suggest that it is time to reasset the rights enshrined in the Fourth Amendment, which says “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
This is particularly important in light of the Eighth Amendment, which says “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” and the Fourteenth Amendment, part of which says, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.“
Nobody is secure against unreasonable searches and seizures, and it is the least to say that cruel and unusual punishment is inflicted when some of our brothers and sisters are deprived of life without due process of law because police are allowed to justify murder with an active imagination.
America must demand justice for all.