12 MAY 27, 2021 RIDGEWOOD TIMES WWW.QNS.COM
Discretion and valor
New Yorkers are returning to
the streets for protests and
vigils marking the one-year
anniversary of the murder of George
Floyd at the hands of police offi cers in
Minnesota.
In the weeks after that horrific
event, New York saw a wave of new
legislation passed and signed into
law to better “police the police,” from
outlawing the use of chokeholds to
making police officer disciplinary
records open to the public in the name
of accountability.
With the fi rst anniversary of Floyd’s
murder approaching, state Attorney
General Letitia James introduced on
May 21 another reform measure: the
Police Accountability Act. If passed
and signed into law, it would redefi ne
the state’s law protecting an offi cer’s
use of force.
The bill would reclassify police use
of force against an individual “from
one of simple necessity to one of absolute
last resort,” according to James’
offi ce. Offi cers would be required, by
law, to implement other means fi rst
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New York State Attorney General Letitia James introduced the Police Accountability Act. If passed and signed
into law, it would redefi ne the state’s law protecting an offi cer’s use of force. REUTERS fi le photo by Lucas Jackson
in subduing an individual, including
verbal warnings, de-escalation tactics
and lower levels of physical force.
Essentially, it clears the way for
prosecutors across the state to potentially
prosecute an offi cer accused of
wrongfully assaulting or killing an
individual. According to James’ offi ce,
the current law permits the lethal use
of force by an offi cer based largely on
the officer’s reasonable belief that
someone committed a crime — and
that oft en acts as a barrier preventing
prosecutors and grand juries from
indicting an offi cer for wrongdoing.
But what exactly will this bill
change?
NYPD offi cers are already trained
to use other tactics to de-escalate situations.
We’ve written plenty of stories
of police shootings in which offi cers,
while guns drawn, directed an individual
to drop their weapon — only to
fi re when the suspect refused to do so
or even pulled the trigger.
Even more so, prosecutors and
grand juries exercise discretion when
considering a case and the law; they’re
not required to indict anyone unless
there’s proof beyond reasonable doubt
that a crime occurred.
We can’t accept a climate in which
an offi cer is permitted to get away with
acting as judge, jury and executioner
— but we also can’t accept a climate
in which an offi cer winds up being
restricted or unfairly punished for using
force when absolutely necessary.
It’s diffi cult to legislate discretion
— which is why lawmakers must be
careful to allow prosecutors to seek
justice against offi cers who break the
law while simultaneously protecting
good cops as they enforce it.
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