School Resource Officer

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  • KG1

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    I guess they are probably going with the notion that the resource officer was specifically tasked with campus security and he neglected his duties by not coming to the students aid.

    Who knows if any prosecution will be successful on those grounds.
     

    Alamo

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    Posted this link in another thread. Not sure on perjury charges as well but i definitely don't see the other sticking. The courts have already ruled that Leo has no duty to protect, other than those in police custody.

    https://mises.org/power-market/police-have-no-duty-protect-you-federal-court-affirms-yet-again

    There are at least 14 SCOTUS decisions dealing with (lack of) duty to protect, but as far as I can remember they are all civil cases. Peterson is being charged with criminal acts relating to a failure to perform his job. I dunno if that will make a difference in the end.
     

    d.kaufman

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    There are at least 14 SCOTUS decisions dealing with (lack of) duty to protect, but as far as I can remember they are all civil cases. Peterson is being charged with criminal acts relating to a failure to perform his job. I dunno if that will make a difference in the end.

    I sure hope it does. I know he certainly shouldn't be enjoying full retirement benefits like he is
     

    HoughMade

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    There are at least 14 SCOTUS decisions dealing with (lack of) duty to protect, but as far as I can remember they are all civil cases. Peterson is being charged with criminal acts relating to a failure to perform his job. I dunno if that will make a difference in the end.

    Yeah, this is more complicated than the "no duty" analysis in federal civil rights cases. Without getting into too much detail, it's not so much that there is no duty, it is that the duty is owed to the public at large and not to an individual such that an individual may not enforce such a duty for the failure to fulfill it.

    In a criminal case, there is a different analysis because it is not an individual trying to assert the violation of a right.

    The reason why I think it is a stretch is that there is almost never a legally enforceable duty to expose yourself to physical harm to prevent harm, of another. Almost​ and this may be the case that tests that.
     

    actaeon277

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    My non-attorney brain is also skeptical. I think the guy is reprehensible (assuming the allegation are true), but I don't see how being a coward is a crime. And it was decided by courts a long time ago that the police don't have a responsibility to protect any individual. If they convict him for what seems to be failing to do that (multiple times), I think an enormous can will be opened and the worms will be everywhere. If he is criminally negligent for failing to protect those kids, why aren't the local government and the school also guilty of the same for not allowing teachers and other staff to be armed?

    It's not against the law to be a coward.
    But, if someone takes a job to run into gunfire, then there should be consequences.
     

    newtothis

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    Considering deputy’s serve at the pleasure, and discretion, of the sheriff. It’s not entirely uncommon for folks to “leave” once the management changes. Be interesting to see how any of that impacts the Florida police pension (If they have a police/fire pension) or if he’s on board for something through PERF/ County-Municipal.

    not sure how it will play out... but certainly interestingz
     

    Dead Duck

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    You guys are right.
    For letting those he was suppose to be protecting from harm just die, he shouldn't be jailed.

    He should be hanged, drawn and quartered........ and then maybe shot just because. And the same punishment for all the brass involved. Including the school board, faculty and whoever is in favor of GFZs to protect their students.

    This is so ridiculous!
    Parents should be DEMANDING for guns in their schools. :xmad:

    This left liberal mentality is the problem. They are the ones that are killing our kids.
     

    amboy49

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    This may have been stated already. See Warren vs District of Columbia (2005). Law enforcement has no responsibility or duty to protect an “individual” unless that individual is in their custody. If I read, and recall correctly, the officer failed to make any attempt to confront/engage the shooter AND, reportedly, he also instructed other law enforcement arriving on the scene to also not engage.

    I suspect they interrogated gated him and he crawfished on his action and lied to investigators. He eventually admitted to what he did (or didn’t) do and that’s the reason they are charging him with making false statements. Probably the only charge that might eventually stick.

    There is great opposition to either either arming teachers and administrators or hiring armed individuals for on site protection of students. If the police can’t/won’t protect the kids and there is no internal protective element that pretty much leaves an open season on school children. The Boone County sheriff’s office has, at each school administration’s request, placed a “school resource officer” in each school building in Boone County at a reported annual expense well into the hundreds of thousands of dollars. Not sure what the directive SOP is if there were to be an active shooter incident.
     

    Kutnupe14

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    Tell this to the parents. Just saying.

    I sympathize with the position, but what does jailing the guy accomplish, other than making people feel good? Is this guy a threat to society? Could the cell he occupies be better used. Let him live out his day with a yellow streak on his back, but as a free man, shunned in the public eye.
     

    churchmouse

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    I sympathize with the position, but what does jailing the guy accomplish, other than making people feel good? Is this guy a threat to society? Could the cell he occupies be better used. Let him live out his day with a yellow streak on his back, but as a free man, shunned in the public eye.

    And I agree with this as well.
    But in this twisted up world we are building for ourselves none of this makes any sense at all Kut.
    I can not even begin to understand not going to help regardless of direct orders. Makes no sense to me.
     

    ArcadiaGP

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    At some point, how do you punish someone for not dying?

    Look, I don't like the guy because he pussied out. But jailing someone for not committing suicide is the slope this is on.

    What if there's a cop outside the school, and he sees 10 men with automatic rifles walk in. Should he try to engage? Should he be punished if he doesn't?

    It's an odd thing to judge. "Oh you coulda made a difference" definitely has a line at some point.
     

    churchmouse

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    At some point, how do you punish someone for not dying?

    Look, I don't like the guy because he pussied out. But jailing someone for not committing suicide is the slope this is on.

    What if there's a cop outside the school, and he sees 10 men with automatic rifles walk in. Should he try to engage? Should he be punished if he doesn't?

    It's an odd thing to judge. "Oh you coulda made a difference" definitely has a line at some point.

    Would you or I engage.
     

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