There are at least four alleged crimes and one possible civil suit in the case study. The alleged crimes include obstruction of justice, resisting arrest, possession of illegal drugs and a case of domestic violence. The potential civil suit in the case study is that of use of deadly force during arrest. This paper will briefly and concisely canvas each of these legal actions.
The lady who approached Officer Jones and reported that she has been robbed and assaulted committed the offense of obstruction of justice. She lied to a police officer that she was attacked by a robber wearing a red shirt and white pants when in fact she is a victim of domestic violence. Lying to a police officer on the course of investigations or interfering with the collection of evidence constitutes the offense of obstruction of justice. She intended to mislead the officer’s quest for the truth, which would have led to the arrest of her husband. This is a crime governed by a series of criminal statutes, which aim at protecting not only the integrity of the police investigations, but also of any form of judicial inquiry. For the prosecution to obtain a conviction, in the case against the lady who approached Officer Jones, they have to prove that she knew of the investigations and that she had a corrupt intent to interfere with or any express attempt to interfere with the course of the investigations. She expected the officer to rely on that information.
When the individual wearing a dark shirt and white pants refused to comply with instructions from Officer Jones even after the officer identified himself, the individual committed the offense of resisting arrest. The offense of resting arrest has many elements. The prosecution needs to prove only one of these elements in court. Some of the elements include fleeing, threating an officer during arrest, physically struggling, attacking and false identification during arrest. In the case study, the individual refused to comply with the officer’s instructions and continued to walk away. In the case of Tennessee v. Garner, the Supreme Court held that an officer has the power to use force to enforce an arrest if a suspect refuses to comply. Furthermore, the officer had a probable and reasonable cause under the 4th Amendment to enforce the arrest.
The individual who was shot down by Officer Jones was found in possession of Cocaine, which is an illegal substance. The willful possession of an illegal controlled substance is against state and federal laws. The prosecutor has to prove beyond reasonable doubt that the individual knew the drug he was found with is a controlled drug. The fact that he refused to keep his hands off the drug when a police officer approached him can be used to infer his guilt. The individual had control over the drug as they were found in his pockets. The prosecutor, depending on circumstances, will elect either to charge the individual with simple possession or possession with intent to distribute. In the case, the fact that the drug were found in baggies may inform the prosecutor to charge the individual with possession with intent to distribute, which carries a much stiffer sanction.
Finally, in the case study is the criminal offense of domestic violence. Domestic violence is a crime which occurs when one member of a family commits acts of violence towards another member of the same household. In most cases, this happens between married couples. In the case study, the offense was committed by the husband of the woman who approached Officer Jones at around 2:00 AM. It is has two cardinal elements, which are assault and battery. It is punishable by a fine or a sentence of up to one year depending on the circumstances of each case. Additionally, the woman can also request for a temporary restraining order, a permanent injunction or file a civil law suit against the husband. There are many case laws with regards to cases of domestic violence. They are usually determined on a case to case basis examining the circumstances of each case closely. Aggravating factors may cause a case that would otherwise have been treated as a misdemeanor to be treated as a felony.
The last suit emanating from the case study is a civil suit for use of a deadly force by a police officer against a civilian during an arrest. The use of deadly force against another person which results in injuries or places the other person in substantial risks by causing grievous harm or death is a tort. The individual shot by Officer Jones can file a suit against the officer under these grounds. The Supreme Court has held that an officer can only use reasonable force to enforce the law. In this case, the individual had no gun and did not do anything that would have put the officer’s life at risk. Irrespective of whether an officer has reasonable cause or not, he is supposed to exercise restraint and use excessive force only when necessary.
References
Dammer, H. R. (2013). Comparative Criminal Justice Systems, 5th ed. Dallas: Cengage Learning.
Lippman, M. (2010). Criminal Procedure. New York: SAGE.
