from you. You then
notice that a door at the side of the theater is open. You call to
the man to stop. As he turns toward you, you observe something shiny
in his hand reflected by the street light. Discussion
Do you have a reason to
believe a crime is being committed other than the fact that the
theater utility door is open at an odd hour? Should you take cover
in the event he is armed? Should you approach him to investigate
further? Should you draw your weapon? Should you withdraw? Should
you observe and report? Should you call the police? If he runs,
should you pursue?
Case Study #20
You are assigned a
patrol car to supervise other guards. A guard at warehouse reports
that he thinks someone has broken into the warehouse. As you drive
up you hear a shot and at the same time you observe a man run from
the back of the building with a gun in his hand. You call to the man
to STOP but he keeps running towards a fence that runs along the
backside of the building.
Discussion
Should you pursue?
Should you immediately call police to inform them of the situation?
Should you call for immediate medical assistance since someone may
be shot? Should you shoot?
D.
SHOOTING INCIDENTS. (Civil and Criminal Liability)
1. Criminal Liability
Criminal liability is
the potential for a criminal penalty one incurs for committing a
criminal act. This liability may include an arrest and booking; a
court trial; a conviction; and sentencing. A sentence may include
payment of a fine, a prison sentence, probation or community
service, and monetary restitution. An entry is also made on the
subject's criminal history record, maintained by the Department of
Justice.
The parties in a
criminal process include the defendant (the accused) and the
prosecution (the People of the State of California).
For example, suppose a
guard fatally shoots a fleeing suspect in the back. The guard may be
subject to criminal prosecution for the shooting. The guard may be
charged with a crime (such as manslaughter), arrested, booked, and
prosecuted in a criminal court, convicted, and sentenced to prison.
