WA Initiative 940 passes on police use of force

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Initiative 940, the measure that would remove a 32-year-old barrier in state law that has made it virtually impossible to bring criminal charges against police officers believed to have wrongfully used deadly force, has passed with strong support. Passage of the measure means that prosecutors will no longer have to prove law-enforcement officers acted with “evil intent” — or so-called “malice” — when considering whether to file criminal charges such as manslaughter. Washington is the only state with such restrictive language. The measure passed with 60 percent of the vote statewide. In King County [Seattle], support exceeded 70 percent.

In a statement, the I-940 campaign said the win means “Washington becomes the first state in the nation to pass a police training and accountability measure in response to a national conversation about use of force and relationships between law enforcement and the communities they serve.” I-940 also requires de-escalation and mental-health training for police; requires officers to administer first aid to a victim of deadly force; and requires independent investigations into the use of deadly force. At one point, state legislators passed a compromise bill earlier this year that addressed concerns raised by some law-enforcement organizations about certain wording in the initiative.

I-940 proponents accepted the bill, agreeing to keep the initiative off the ballot. But the state Supreme Court agreed with a challenger that the initiative couldn’t be modified by the Legislature and must be presented to the voters in its original form. With its passage, lawmakers can amend it when they return for the 2019 session, although for two years that would require a two-thirds majority. Both sides have vowed to maintain their support for the modifications.

I-940 requires proof that a reasonable officer would have used deadly force in the same circumstance and sincerely believed the use of deadly force was warranted. The compromise bill simplified the standard, asking prosecutors only to examine whether a reasonable officer would have deemed deadly force necessary to prevent death or serious physical harm to police or others if placed in the same situation. Some law-enforcement groups, including the Seattle Police Officers Guild, the King County Police Officers Guild and the Washington State Patrol Troopers Association, opposed the initiative on its face. They said that instead of running toward danger, officers fearing prosecution will hesitate, especially since confrontations often involve rapidly evolving situations requiring split-second decisions.

Proponents said passage of the initiative would build community trust, help police interact with mentally ill people and de-escalate confrontations and make police work safer. They were spurred by controversial police shootings statewide and the Black Lives Matter movement.
https://www.seattletimes.com/seattle-ne ... s-returns/
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: WA Initiative 940 passes on police use of force

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I agree with this measure. As a RN I was held to higher professional standard in my practice as a nurse, than the average person. I had patients become violent in the Emergency Department but I didn’t attack them. We did restrain some but in a way that didn’t cause them any further physical harm.

The police are supposed to be trained to handle situations they may encounter without escalating the situation. They should. E held to that higher standard. They are not in a war zone.
Facts do not cease to exist because they are ignored.-Huxley
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Re: WA Initiative 940 passes on police use of force

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TrueTexan wrote: Sat Nov 10, 2018 6:29 pm I agree with this measure. As a RN I was held to higher professional standard in my practice as a nurse, than the average person. I had patients become violent in the Emergency Department but I didn’t attack them. We did restrain some but in a way that didn’t cause them any further physical harm.

The police are supposed to be trained to handle situations they may encounter without escalating the situation. They should. E held to that higher standard. They are not in a war zone.
It's a place to start and the results could impact other states. Cops have a tough job, some much more stressful than others. There might not be a criminal conviction when cops are charged, but the later civil lawsuits are very expensive. More training and research is needed - how do they evaluate a situation and determine if they can safely use a less lethal before using lethal, it's all in the training and of course hiring. Are local police department too small to provide adequate training and supervision and should be combined with larger entities?

At the oppose end, police forces in Britain are again discussing arming officers at least those in rural areas. They have armed response vehicles with armed officers but what if you're a cop (unarmed) in a rural area and the closest ARV is an hour away. Policing everywhere has issues.
"Everyone is entitled to their own opinion, but not their own facts." - Daniel Patrick Moynihan

Re: WA Initiative 940 passes on police use of force

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TrueTexan wrote: Sat Nov 10, 2018 6:29 pm I agree with this measure. As a RN I was held to higher professional standard in my practice as a nurse, than the average person. I had patients become violent in the Emergency Department but I didn’t attack them. We did restrain some but in a way that didn’t cause them any further physical harm.

The police are supposed to be trained to handle situations they may encounter without escalating the situation. They should. E held to that higher standard. They are not in a war zone.
The patients were probably not armed.

Actually, some cops are in a war zone. Gangs are getting heavy weapons and seem to have no fear of punishment. Militias are training with weapons and seem to distrust anything govt. The occasional individual sets up an ambush. Telling the good guy from the bad is getting more difficult.

Even the Dalai Lama admits that you may have to meet violence with violence. The police frequently get brought in when the situation has already escalated to violence levels that result in injury or death. You want to police to go into danger to protect some people, you have to let the cop use what works and allows the cop to go home later.

Note that most cops never use the gun in line of duty shootings, and most never even fight. There are over a million cops in the US, and we average one cop death in the line of duty per week We are a big nation with a real mix of people.
In 2015, police shot and killed 94 unarmed individuals, a number that fell to 51 in 2016 before rising to 68 in 2017. This year, police have shot and killed 18 unarmed people, eight fewer than at the same time last year.


Academics warn against over-interpreting the data relating to a decline of evidence of bias. The numbers are so small, they said, that even a few cases recorded in error could produce a different result.

The Post researchers began tracking deadly police shootings in 2015 after the fatal shooting by police of Michael Brown in Ferguson, Mo. Information about shootings is gleaned from news reports and other public sources and compiled in a publicly available database.
https://www.washingtonpost.com/investig ... f4d7818c36

Note that an unarmed person can kill you dead and if the cop loses a fight, the other party is now armed.
Freedom is never more than one generation away from extinction. It must be fought for, protected, and handed on or one day we will spend our sunset years telling our children what it was once like in the United States where men were free.
- Ronald Reagan

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