Minn. judge allows enforcement of law requiring justification of police use of force - MPR News
A Minnesota judge has reinstated a new law dictating justified use of deadly force by police after he modified it to address a constitutional flaw.
Ramsey County District Court Judge Leonardo Castro had previously put the law on hold. His latest ruling declines to toss the law entirely. Instead, he struck five words that he says will remove an expectation that officers outline why they used force.
The ruling is a split decision for the law enforcement groups that sued. They had argued the 2020 law that took hold in March could force officers to incriminate themselves.
The new law says deployment of lethal force must be justified with specificity. But Castro cut the words “by the law enforcement officer” — that means the justification could be based on an objectively reasonable standard for officers generically.
“It is beyond this court’s comprehension how training is provided to prepare police officers to make split-second, life-and-death decisions,” Castro wrote. “And although understanding of the need to provide such training, plaintiffs seek a remedy that is not this court’s right to give.”
The judge added: “Having remedied the constitutional infraction within the Revised Statute, this court must immediately give it the full force and effect intended by the Legislature.”
In issuing his ruling late Friday, Castro lifted his prior suspension of the law. He said courts can work around any problems as they craft jury instructions.
The Hennepin County judge presiding over the trial of former police officer Kimberly Potter in the on-duty killing of Daunte Wright is expected to instruct the jury on Monday. The defense concluded its case Friday.
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source: https://www.mprnews.org/story/2021/12/17/minnesota-judge-allows-enforcement-of-law-requiring-justification-of-police-use-of-force
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