Officers’ use of force legal under Tennessee v. Garner (1985)

 

Sean Bell, a 23-year-old African-American, and two other friends were leaving Bell’s bachelor party at a strip club on November 25, 2006, when they were shot by a group of undercover detectives who had been monitoring the club. More than 50 shots were fired at the car containing the three men.

Research the circumstances of the case and consider the officers’ thought process leading up to the shootout.

Was the officers’ use of force legal under Tennessee v. Garner (1985) https://supreme.justia.com/cases/federal/us/471/1/? If yes, why? If no, why not?
Explain with reference to case law whether or not the suspect had the right to resist the stop and whether the suspect could use force to resist the stop.
Did the officers who shot the suspect have a reasonable belief that other officers were in danger? Explain.
Was the use of force by the officers excessive under Graham v. Conner (1989)? https://supreme.justia.com/cases/federal/us/490/386/ Why?
If you were an officer in a similar situation, and had been indicted, would you opt for a bench trial or jury? Explain your choice.
Support your responses with adequate research and supporting data. Review and comment on the submissions of at least two of your classmates by the end of the week.

Sample Solution

premieres, parties and more. The time, place, and people in that theater would have been entirely different due to many safety, and other events going on at that time. There are many issues but I’ll name the main few, Hitler would have not been present in a room with many other leaders of the Nazi regime, especially if word of a shooting involving Americans dressed as Germans that had tickets to that movie were going to be there. There also would have been more security guards. And finally, even stated in the movie, the Americans were invading Europe, D-Day had just happened, there would not have been a party. Though highly impossible for the war to end the way the movie shown, it was a great “what if” to be able to compare to.

When the war had started in 1939, the United States of America was not involved the way that other countries were. Although, there was a lot of propaganda and speeches up until the invasion on D-Day this movie was not made in the time of the war or before it, there was propaganda inserted into the film. On June sixth of 1944, there was a speech/letter given by Dwight D. Eisenhower to the enlisted men about to invade. The speech was a form of propaganda and talked about how America can prevail against the enemies of the German war machine. The speech is one that was remembered by many real soldiers as a letter of inspiration and could have helped them be reminded of what they were fighting for. In the intro of “Inglourious Basterds” Lieutenant Aldo Raine, gives a speech that is telling his men not to give up and how to fight off the Germans. He even challenges them to each kill 100 Nazis each. The comparison of the two very different sounding speeches, have a similar focus on encouraging or challenging the men to win the war or task at hand. The other primary source(s) that help support the story are photos during the wartime period. The photos also helped validate the use of places or props in the movie, by proving the atmospheres or setting to be as realistic as possible. Some of the photos were very helpful in understanding what the reactions were of people in the photos at that time, whether it was Hitler grinning at victory (Forty, 51) or Jewish men being forced out of their homes (Forty, 51). Although, the photos and speeches helped validate parts of the films accuracy, it really he

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