Remedies for Police Shootings: A Comment on Slater
21 Berkeley J. Afr. Am. L. & Pol'y. 37 (2020)
6 Pages Posted: 24 Jun 2021
Date Written: June 17, 2021
Abstract
A recent article by Allen Slater observes that in a typical case arising out of a police shooting, the jury instruction gives the jurors a binary option--the police officer's conduct was either justified or unjustified. In other areas of the law, for example torts, the law of negligence is much more nuanced and gives the fact-finder a much broader ranger of options. This Comment offers a reason why this may be so, namely that in the typical negligence case, a great deal of money is often on the line, and the defendant is often a pillar of the community--a large corporation, an insurance company, or a municipality--hence the law has developed a host of sophisticated options that consider a wide ranger of interests, not just two.
Keywords: police liability, critical legal studies, criminal justice, remedies
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