Saturday, October 19, 2019
The Tennessee v. Garner Case Assignment Example | Topics and Well Written Essays - 250 words
The Tennessee v. Garner Case - Assignment Example The gist of the matter was on the constitutional interpretation on what reasonable force or the necessary means required to effect an arrest was. This scenario is critical because it puts constitutional interpretation at the center, seemingly because the rights of the deceased were violated, under supposed provisions of the law. Ã The district court upheld the Tennessee statute and confirmed as valid the actions of the officer to have used reasonable force to effect an arrest. However, the higher court reversed that decision and questioned the authenticity of lethal force, if it left the suspect without life. In effect, the decision of the district court was rendered null and void relative to the Fourth amendment as held in the constitution. Ã Subsequently, the right to arrest a person must not exceed the right to life of the same person especially if the suspect is not armed. The officers must then strive to use alternative means that also protected the life and right of the suspects. This is to say that seizure ought to include actions such as restraining a suspect other than killing him or her. Ã This was a landmark ruling which informed and guided the actions of officers in subsequent times. If one regressed the law under similar circumstance, then one would be held criminally accountable.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.