1: Each state is responsible for the maintenance of public order and public safety within that
state. To do this, states enact criminal laws and establish a criminal justice system under the
police power of that state. The police power is an inherent power vested in each state.
The term police power refers to the broad legislative power of a state to pass laws that promote
the public health, safety, and welfare.
In enacting criminal laws though the use of the police power, the state is regulating the conduct
of citizens within the state by telling them what they may not do or what they must do. However,
the police power is not absolute. In addition to limitations placed on the police power by the U.S.
Constitution or state constitutions, the state may not regulate conduct capriciously or arbitrarily.
Yesterday afternoon, a woman was fatally shot in downtown Denver, Colorado, amid a citizen’s
protest against excessive use of force by the police department in that city. The woman who was
fatally wounded was among the protest organizers. According to other officers at the scene (those
not including the officer who fired the fatal bullet), the protest had turned aggressive, even
confrontational, and several officers had warned the protestors to stand down.
Witnesses on the other side (mostly protestors among these, but several bystanders not involved
in the protest as well) reported the police officer had had his gun drawn and pointed into the
crown of angry protestors for what seemed like several minutes before the fatal shot was fired.
The shooting officer claims that his use of deadly force was justified. This officer, coincidentally,
has had previous instances in recent months of reported excessive use of force, though neither
was a shooting or fatal incident.
Let’s review a few concepts before you make a decision about this scene.
To prevent misuses of the criminal justice system, in the United States _______ limits are placed
on the power of the government to regulate the conduct and lives of its citizens through the use
of criminal laws.
federal
judicial
constitutional
Legislative
2: Who is responsible for the maintenance of public order and public safety within a given state?
that particular state
the Supreme Court
all states collectively
the federal government
3: You are called to the crime scene as the lead investigator from the internal affairs unit (IAU)
into the shooting. Based on what you’ve been told by the other officers at the scene, not only was
the woman who was fatally shot not in possession of any type of firearm, she also had not been
among those most aggressive in pushing the protest line toward the police force on the street.
According to the accounts of several of the protestors as well as some of the public onlookers,
there were words between the officer and the female protest organizer, but it didn’t at any point
appear to be at a level of discourse that would warrant a weapon drawn or shots fired. What is
your response?
You emphasize that while you have strong concerns about the police power exhibited and the
eventual use of deadly force, based on all circumstances together you do not have enough
information to classify this as police homicide.
You explain that you believe, based on what you know about police power and the rights of law
enforcement officers to use deadly force in certain situations, the reports of the other officers at
the scene, the physical evidence left behind, and the eyewitness accounts, that this is probably
NOT a case of justifiable use of deadly force, which would most likely mean it is a case of
homicide by a law enforcement officer.
4: You consult further with other law enforcement personnel as well as constitutional law
experts. You and your office also continue to gather information on self-defense statutes, the use
of deadly force standards and procedures, and previous case files. The debate as to whether the
shooting should be classified as a justified use of deadly force or second-degree murder still,
somehow, is unresolved. The issue centers on the fact that the constitutional limitations on police
powers are real and that there must be clear distinctions and definitions in the laws and rules set
by the criminal justice system.
Let’s review a few more concepts before you make another decision about this scene.
Which amendment to the Constitution gives powers not delegated to the federal government to
the states?
Fourth Amendment
Tenth Amendment
Fourteenth Amendment
First Amendment
5: What is the state doing by enacting criminal laws through the use of the police power?
violating the Constitution of the United States
regulating the conduct of citizens
utilizing private law regulations
exercising its tort law capabilities
6:The law enforcement officer confesses to you and your IAU officers that, although there may
have been a weapon in the hand of the victim, he never saw the weapon brandished. In fact, he
says, “I truly believe that the shooting was unjustified . . . and I am ready to take the heat for my
actions.” Now there is still another question raised by this law enforcement officer’s
“confession.” If the victim, in fact, brandished a firearm and charged at the police, must the law
enforcement officer have seen this weapon to justify his police power in the form of a deadly use
of force? Or is his use of force justified just by the fact that an imminent danger existed?
You are the IAU officer charged with making a recommendation as to whether the incident
should be considered one of a justifiable use of deadly force. What is your decision?
You recommend that the incident be classified as a justifiable use of deadly force.
You recommend that this case, given the particular situation at the protest, the video surveillance
evidence, the officer’s own admissions, and his history of excessive use of force should not be
considered a justifiable use of deadly force and that the officer should be brought up on charges
of homicide.
