20060216

Could this law have helped Cory Maye?

From HB46, now passed out of Wyoming's House and headed to the Joint Committee on the Judiciary:
A person who uses force as permitted in W.S.
6-2-602 is justified in using such force and is immune from
criminal prosecution and civil action for the use of such
force, unless the person against whom force was used is a
peace officer, who was acting in the performance of his
official duties and the officer identified himself in
accordance with any applicable law or the person using
force knew or reasonably should have known that the person
was a peace officer.


Of course it always hinges on what a DA asserts that a person "reasonably should have known," and on how well a defense counsel can counter to a jury what that DA asserts. But would Cory Maye be on death row if this law had been in effect at that place and time?

The only loophole that I see in this bill is the 'applicable law' standard for how a peace officer must identify himself. Should shouting "police", even repeatedly and through a bullhorn, suffice?

Regardless, reforms like this one still don't address the root of the problem---the overuse of dynamic entry.

No comments: