145k views
0 votes
Negligent discharge of ECD which is not considered use of force?

1 Answer

5 votes

Final answer:

A negligent discharge of an ECD that is not considered as use of force refers to an accidental release of its charge without intent to manage a suspect's behavior. In contrast, the incident involving Atatiana Jefferson in 2019 was an example of use of deadly force by police, not a negligent discharge.

Step-by-step explanation:

A negligent discharge of an Electronic Control Device (ECD), which is not considered as a use of force, refers to an accidental release of the device's electrical charge without the intention of controlling or managing a suspect's behavior. In law enforcement, any deployment of an ECD, intentional or accidental, is typically treated seriously and subject to review, given its potential to cause significant harm. In the tragic case of Atatiana Jefferson in 2019, the officer's discharge of his firearm, resulting in Jefferson's death, was an instance of use of deadly force, not a negligent discharge, as the officer fired perceiving a threat.

In policing policies, a negligent discharge of an ECD or firearm may occur in a variety of non-confrontational circumstances, such as during maintenance or if an officer mistakenly believes the safety is engaged. These incidents, while not counted as an intentional 'use of force,' may still have serious consequences. Incidents like the death of Atatiana Jefferson highlight the importance of stringent use-of-force policies and the critical need for clear and concise communication between officers and civilians to prevent such misunderstandings and resulting tragic outcomes.

User Loich
by
7.8k points