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Tennessee V. Garner 1985 and Making of a New Force - Case Study Example

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The case study examines the conditional liabilities of the police department and the Tennessee statute during the prosecution and after the verdict by the Apex Court of the US. This case attained global attention as it was an unforeseen event of an “individual v/s constitution debate”. …
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Tennessee V. Garner 1985 and Making of a New Force
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Download file to see previous pages The U.S constitution is the most standardized design of an administration that provides for the freedom of its citizens with all due consideration for the real value of life. Unhealthy situations and times of emergency actions are separately handled by the national policing department which is subject to the boundaries of the judiciary. Thereby they are responsible and prosecutable for any deliberate or impulsive or situational action taken against any individual without consideration of the provisions of the law of civilian rights in the United States of America.
 There are specifications of situational advantage to the police, as had been rendered by the law which resulted in the shooting-to-death of a 15-year-old 8th grader during his attempt to escape arrest for a suspected burglary attempt in the night on October 3, 1974. The incident was thus described as Edward Garner, an apparently unarmed felon, tried to flee the crime spot and a police officer, Elton Hymon chasing him, shot him in the back of his head while he was trying to climb over a 6-feet-high fence in order to elude the arrest; and as a result, the victim died during a surgical operation at a hospital.
This case was sensational for the controversial verdict of a Tennessee stature that approved the officer to use all necessary means to enforce the arrest of fleeing or forcibly resisting defendant while the Police Department allowed the use of deadly force only in cases of burglary.  ...Download file to see next pagesRead More
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