As part of New York State's sweeping police reform, a bill has now been introduced and will likely pass, that codifies police use of force. This bill follows a recently passed law that eliminated civil liability protection for police, subjecting them to near limitless civil lawsuits for money damages with personal liability. The new law would specify the amount of force police are allowed to use in a situation and if exceeded, the police officer is subject to arrest and prosecution. Depending on the circumstances, a police officer may be charged with a felony offense.
This latest effort in New York to criminalize police behavior, while actual criminals are being set free and their behavior decriminalized, has solidified New York State's effective war on the police. Proponents argue that laws like this are necessary to combat what they believe to be systemic racism and prejudice throughout the police force and nation. Further, that it is an extension of a certain political belief and mentality, that the way to solve crime in New York is to have less prisons.
Opponents believe that this new law would impede an officer's ability to make necessary split second decisions in dangerous situations, thereby increasing the safety risk to police officers and citizens alike. By making police officers both civilly and criminally liable for doing their jobs, will preclude any worthwhile candidates from joining the force and compel existing officers to stand down from doing their job. In addition, that such a law would effectively render police as powerless as mere safety patrol officers.
New York State is quickly mutating and joining the ranks of states where criminals are set free and police officers are incarcerated. Laws are intended to promote unity, civility and societal order, but this newly proposed law appears to fall well short of that goal. Instead, it may result in the complete opposite increasing the 50/50 divide in our country. This is not the unity we were promised and is not the unity we desperately need.
Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com