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law enforcement

KN, p. 252 “Tasers and Stun Guns”

 

TASER devices and stun guns each have slightly different functions, but the common purpose is to shock the aggressor and allow time to move strategically for improved control over the situation, without using lethal force. A TASER can be shot from a distance, and a stun gun requires direct contact with the attacker.

 

Stun Gun

 

 

This stun gun has sharp points which might pierce clothing and will even set off an electric charge if somebody tries to grab it.

 

Other stun guns resemble cellphones, while another type looks just like a mag light. Neither has great power, so in order to get close enough to use it effectively, an attacker may be able to get the upper hand against an untrained civilian. Some stun guns are in the shape and length of a baton (12-19 inches) allowing the user to be a step or two away, rather than just at arm’s length.

 

In many states, law enforcement groups have been using stun guns to subdue targets for years. Pepper spray occasionally blows back at the user, so private citizens sometimes opt for using a stun gun as a self-defense tool.

 

Designed in the 1960s for use in tight spaces (inside airplanes) when firing a gun would be especially dangerous, a Taser is considered a safer (non-lethal) alternative to a handgun if used correctly. Concerned about a rise in gun-related injuries during arrests or captures, some law enforcement jurisdictions around the country have required that Tasers and/or stun guns be added to their officers’ equipment belts, giving the officer a choice in tense or escalating situations.

 

Taser and cartridge

 

How does a Taser work? The cartridge contains 15-20 foot wires with probes attached at the end. The wires shoot out when the weapon is used. When the probes reach the target, they deliver a shock as well as pain, but this will only happen if both probes insert into the person’s body. In general, the person loses muscle control when hit with the probes, making an arrest easier or allowing the officer to stop an ongoing attack.

 

There are a variety of Tasers on the market, some of which guarantee contact even through clothing. Some recent Taser models also include the stun gun feature so that the prongs don’t have to be fired during every use.

 

One criticism of some Tasers is that they can misfire, causing real problems for the officer during an attack. The LATimes ran an article about the issue, comparing effective use in successive years:

 

https://www.latimes.com/local/crime/la-me-lapd-tasers-20160401-story.html?utm_campaign=meetedgar&utm_medium=social&utm_source=meetedgar.com&fbclid=IwAR17l2SVeCW7idV6PJVIm3nzh-U-jkmIh0bqVSfcFi_UoZlIp7xFXTwtaKs

 

Less critical, but potentially disturbing to a civilian Taser owner, is that storage in the home might become an issue. A curious friend or neighbor happening upon the Taser might fire it ‘just to see what it does.’ If it happens to misfire accidentally, somebody could get hurt. Burn marks on floors and ceilings from mis-firing have been reported by Kerrian followers, even when the Tasers have been handled properly. (True story)

 

Expense is a factor. Stun guns usually cost between $10 and $30. TASER devices have a lot more power and are a lot pricier because of that – running anywhere between $450 to $1,100. If the department in a town of 100,00 people has 180 officers working in the field and the units cost a minimum of $450 each – do the math. That’s an initial hit to the city budget of $81,000 and that’s before the replacement cartridges, etc. Each time the Taser is fired, it needs to be recharged and in some cases, a new cartridge must be inserted – at a cost of between $25 to $35 each.

 

Need to replace the Kevlar vests this year (a necessity every five years) or get that new million dollar fire truck the city needs so badly? Even if the Taser (or stun gun) is a great idea, the budget may not be able to handle it. So, if your town’s officers would like to have that option available to them, grants and donations from local law enforcement supporters may need to be sought out.

 

Legality

As of 2018, four states required background checks for Taser ownership.

  • Illinois
  • Maryland
  • Massachusetts
  • Minnesota


Two (2) states where Tasers and stun guns are completely banned for use for anyone other than law enforcement:

  • Hawaii
  • Rhode Island


But, most states do not regulate the purchase of Tasers or stun guns. That means no training requirements, background checks, or paperwork. Anyone in those states can buy and use them for self-defense. In many states, it is illegal to carry a concealed stun gun outside of your own home, and specifically illegal to carry it on school property. In some jurisdictions, stun guns are considered dangerous or deadly weapons, and as such, fall under those laws. Deadly weapons are generally banned from:

  • parades
  • funerals
  • public demonstrations
  • government buildings


It’s important to note about ownership of either a stun gun or a Taser or a combo of the two:

 

If someone falls and suffers a heart attack or other injury during the commission of a crime after being shocked with a stun gun or Taser, there are serious consequences. Instead of seeing its non-lethal purpose, the court may conclude that the tragic result came from the use, not the intent. i.e. the person might not have had the heart attack if not for being Tasered. If that happens, we now have a deadly weapon, and the legal concerns change under the law.

 


What are your thoughts about the use of Tasers and/or stun guns? Let us know in the comments below.

 

*Photos from Amazon

 

 

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KN, p. 251 “2019 TopTen New Posts”

 

 

Many warm thanks to all the Kerrian followers. Readership was up by over 50% in 2019. That’s not a typo. You spread the word and people kept on reading and sharing.

 

The Kerrians’ 2019 was a year of returning to fan favorite topics that focused on how law enforcement officers work, with the result that four of those articles were in the TopTen new articles for the year.

 

Interest continues in the new recipes from the Kerrian Kitchen and we’re delighted that you enjoy them as well! Like I keep saying, we taste-test everything and nobody ever died after eating at our house. 😉

 

Sadly, suicide is on the rise in the USA again and the interest in the article seen here is welcome. It is based on the death of a real family friend. Pass along the information to others, please.

 

Here are your Top Ten favorites from 2019:

(Click on the links and enjoy them again or read them for the very first time.)

 

10: “Greek Salad

 

9:  “Pumpkin Pancakes (GF)

 

8:  “Meatloaf – Comfort Food

 

7:  “Suicide

 

6:  “Where Did They Move the Graves?

 

5:  “Scotland Yard Is Not in Scotland

 

4:  “Do You Want to be an FBI Agent? – Part 2

 

3:  “SWAT Team Experience

 

2:  “Cucumber Slushies

 

1:  “Do You Want to be an FBI Agent? – Part 1

 

 

Keep a lookout for changes at the Kerrian website. Many will be behind the scenes as we make www.kerriansnotebook.com more cellphone friendly.

 

The changes will occur over the next few months and I’ll let you know through the newsletters and on Facebook as soon as they happen.

 

Happy New Year, everyone, and keep those cards, emails, letters, and messages from around the world coming. We read and enjoy them all!   🙂

 

 

 

 

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KN, p. 245 “Was It Burglary or Robbery?” and other questions answered

 

Crime scene investigations have a few terms associated with them that are sometimes misused or misunderstood. Check out some accepted legal definitions.


Robbery or Burglary?

Robbery is a crime where someone takes an item without permission directly from someone else, without any intention of giving it back, and does this by force or threat of force. The wording of the criminal act may differ slightly from State to State.


A burglary occurs when someone enters a home or business illegally, intending to steal an item or commit a felony while inside the building.


While you might think that robbery and burglary are talking about the same act – a theft of your property – they are indicative of different circumstances. In a robbery, someone actually came and took something from you (often face-to-face), perhaps threatening you while demanding your money or cellphone. But, a burglary occurs when you are not present, like a break-in and theft at your house while you’re at work.

 

Assault or Battery?

Assault and Battery are sometimes used interchangeably but refer to different legal occurrences. Assault is when a person is threatened with attack (someone says they will hit the targeted person), and battery takes place when a person is physically attacked (someone hits him/her).


Battery
is the unlawful use of force resulting in the injury of someone else. Battery always includes assault.

 

 

Civil or Criminal Cases?

Civil Actions are brought before the court to protect and enforce private rights.


Criminal Law
determines what is criminal behavior and sets punishment to be imposed for that criminal behavior. The idea behind criminal law is to prevent harm to society.

 

 

Murder or Homicide or Manslaughter?

Homicide is a legal term for any killing of a human being by another human being and is not always a crime. Hearings are held to determine whether shooting deaths are justifiable killings in self-defense. Murder and manslaughter fall under the category of unlawful homicides.

 

Murder is an intentional killing when it is:

  • unlawful (not legally justified), and
  • committed with “malice aforethought.”

 

“Malice aforethought” means that the killer intended to kill someone without legal justification. But, in some jurisdictions, malice aforethought can also be in place if the perpetrator causes the victim’s death during an intentional beating or other reckless disregard for life – even if the original intent had not been to kill, but do bodily harm.

 

Voluntary Manslaughter occurs when a person:

  • is strongly provoked in a situation that could provoke any reasonable person and
  • kills in a heat of passion caused by that extreme frustration.


Interesting to note that for the “heat of passion” defense to hold up in court, the person must not have had time to “cool off” after being provoked. Example: a husband comes home to find his wife committing adultery and is so incensed that he kills the lover right then.

 

But, in that same scenario, if the husband chases the lover out of the house, then buys a gun, and only after a few hours goes to the guy’s house and shoots him, that might be considered premeditated murder. He had time to cool off and consider his options before the shooting.

 

Involuntary Manslaughter often refers to unintentional homicide from criminally negligent or reckless conduct. It can also refer to an unintentional killing through commission of a crime other than a felony.

 

Manslaughter convictions often result in prison time, depending on the jurisdiction’s laws, as well as the judge/jury assessment of the circumstances and the credibility of the person on trial.

 

Determining State of Mind at the time of the alleged crime is an important component to deciding whether unintentional second degree murder or involuntary manslaughter has been committed. In general, the decision centers on whether the defendant has been found ethically responsible.

 

Deposition or testimony?

During a deposition, witness testimony is given under oath, just not in a courtroom. A deposition is not conducted in front of the Judge or the Jury. Information gathered during a deposition can be used to discover evidence that the opposing side has prior to the trial date.

 

Testimony given either in court or at the deposition is equally legally bound by perjury laws. You can’t lie under oath without consequence, some quite severe.

 

Barrister or Solicitor? (in England and Wales)

Up until recently, only barristers had an exclusive right to plead in all English and Welsh courts. Barristers are not paid directly by the clients.

 

Until recently, clients could only hire (and pay) solicitors, not barristers. The solicitors hire the barristers to represent their clients in superior court (high court) if that step is needed. Solicitors are allowed to represent clients in magistrate or county court. Since 2004, if a solicitor has enough experience, they might be allowed to speak in superior court, but serious criminal or civil cases are much more likely to be handled by a barrister with extensive trial experience.

 

*Source of murder/manslaughter information: www.nolo.com

 

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