Despite Police Union Protests, I-940 Passed. Now What?



Lester, I hope the subjective standard does not mean that the PROSECUTOR has to prove good faith, that would be doing the defense’s job.


Yeah, you got that spun around there. Under 940 the officer has to meet both the subjective and the objective tests to be okayed to kill. The prosecutor has to show that one or both is not met.

Taking off the subjective test will make it somewhat easier to kill, in theory, but I can't envision a hypothetical where it matters. Where a reasonable officer would shoot the person, and yet this officer did not sincerely believe it was necessary and lawful -- how does that happen?,PoliceTraining_and_Criminal_Liability_in_Cases_of_Deadly_Force_Measure_(2018)#Full_text