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August 31, 2021

Intro to criminal law

A law enforcement officer arrests an individual for creating a disturbance at a subway station. While the suspect is handcuffed, he fails to comply with the officer’s commands and begins to actively resist arrest and attempts to reach for the officers weapon. The officer shoots the suspect in question (The offender survives). During the investigation, the officer claims that he accidentally grabbed his gun instead of his taser.

Should the officer be charged with a crime? If so, is this an issue of criminal law or criminal procedure? Could the officer face civil charges? Should the offender be charged with a criminal act?

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