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Insight

 

Insight creates conversation to build community, exploring issues and events that connect people in our region. Insight covers breaking news and big ideas, music, arts & culture with responsible journalism, civil discussion and diverse voices.

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Insight Web Special: Professor Robert Weisberg Explains California’s Police Use Of Force Bills

  •  Cody Drabble 
Wednesday, March 6, 2019 | Sacramento, CA
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A Yee / Flickr
 

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Sacramento County District Attorney Anne Marie Schubert and Attorney General Xavier Becerra’s decisions not to file criminal charges against the two police officers who killed Stephon Clark has prompted a statewide discussion about police use of force policy.

Mayor Darrell Steinberg himself has expressed interest in updating California state law to change the rules around when police officers are allowed to use deadly force.

Professor Robert Weisberg, who co-directs the Stanford Criminal Justice Center, joined CapRadio’s Ben Adler to talk about what current law states and what new bills are on the table to change state use of force policy for law enforcement.


On current use of force policy

Use of force by police, use of deadly force, is really not that different from the general law of self-defense. Because first of all, the police are defending themselves against possible harm from the person they're pursuing. But also the law of self-defense also includes the right of so-called third party defense, where I can take reasonable action, including deadly force, to protect people other than myself. Obviously, more leeway is given to the police state. They have powers and responsibilities that others don't have to capture suspects and they expose themselves to harm. But the gist of it has always been that you're allowed to use deadly force if it is actually necessary to prevent deadly force from being used against you or others, or if it reasonably appears that it is necessary.

On how state use of force law could go further than federal use of force law

They can go as far as they want because remember, we're talking about protecting the victims of a shooting. The federal cases say what the minimum protection is that is provided by the Fourth Amendment. The states cannot violate the Fourth Amendment by giving people weaker rights than the Fourth Amendment requires. But it is perfectly legitimate for a state to give people more rights than the federal constitution offers.

On the two use of force bills in the Legislature

SB 230, the law enforcement-backed bill, requires that a state agency generate best practices for avoiding deadly force by police except where absolutely necessary. In other words, we'd go into some details about particular steps and approaches that the police should take before using deadly force and the criteria they must think about. It encourages local jurisdictions to adopt whatever practices would be announced at the state level… Obviously the opponents of 230 will say it just doesn't change the law. The proponents will say, well, it will change the police practices. It will make the police more professional and more careful.

The other bill, AB 392, would very significantly change the law. It would say that a killing is not reasonably justified —, it is not legal in other words, it could be manslaughter — even if at the time of the shooting the officer reasonably perceived he had no choice, if the police officer had choices earlier in the encounter that could have avoided this critical moment in the first place. And what those earlier steps could be will depend on a huge variety of factors including, for example, whether you can surround the area in which the suspect is by bringing in lots of other police and avoiding directly encountering him, trying to seize the area and lock down the area so that the person can't escape… particularly in cases where there's any reason to think of a mental health problem on the part of the suspect

… a requirement that the police take all kinds of steps to calm him down, soothe him, avoid direct encounters and so on and so on.

It also might in certain circumstances, though, mean that police officers might have to allow felons to escape. If when they first see a felon trying to escape from a felony and there's no evidence that the person poses any deadly force, it may be under AB 392 that there will be situations where the police will simply have to run the risk of him escaping because if they try to seize him, he might do something which could then cause them to believe that he has a gun.

This interview transcript has been edited for clarity and brevity.

    Related Stories

  • Rich Pedroncelli / AP Photo

    California Assembly Backs Bill To Deter Shootings By Police

    Wednesday, May 29, 2019
    (AP) — The California Assembly approved Assemblymember Shirley Weber's AB392 Wednesday. The bill is intended to deter deadly police shootings by restricting when officers can legally open fire.
  • Ben Adler / Capital Public Radio

    Police Use Of Force Deal Reached By California Lawmakers Seeks To Rein In Fatal Encounters With Officers

    Thursday, May 23, 2019
    Under an agreement made public Thursday, law enforcement officers will only be able to use lethal force when it is “necessary” and if there are no other options. Their actions leading up to the incident will also be considered.
  • Andrew Nixon / CapRadio

    Capitol Chat: New Bills Moving Through The Capitol

    Thursday, April 11, 2019
    Capitol Bureau Chief Ben Adler joins us to talk about the legislation making its way through California's Legislature right now, including use of force bills, charter school regulations and a proposed soda tax.
  • Andrew Nixon / Capital Public Radio

    Live From The Capitol: AB 392 Committee Hearing

    Tuesday, April 9, 2019
    Capitol Bureau Chief Ben Adler reports live from the capitol on a bill that would make California the first state to raise the legal standard for deadly force by law enforcement.
  • Andrew Nixon / Capital Public Radio / File

    CALmatters Journalist Laurel Rosenhall Launches 'Force Of Law' Podcast

    Monday, April 8, 2019
    Political reporter Laurel Rosenhall shares her new “Force of Law” podcast on legislation to reduce police shootings and previews the first committee hearing for AB 392.
  • Andrew Nixon / Capital Public Radio

    With No Charges In Stephon Clark Shooting, Activists Switch Focus To Changing California's Use-Of-Force Laws

    Thursday, March 7, 2019
    Of all the Stephon Clark protesters’ demands for change, the one they’re probably most likely to achieve is raising the standard for when California police officers can use deadly force. But they’ll need to be willing to compromise.

Andrew Nixon / Capital Public Radio

Cody Drabble

Former Insight Producer and On-Air Director

Cody Drabble learned to love public radio growing up in San Francisco with KQED on every morning during breakfast. In addition to producing and directing the live broadcast of Insight each morning, he also fills in as guest host for Beth Ruyak.   Read Full Bio 

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