No one has to do anything. The question is not "did he have to" but "was it appropriate and correct".
Again, we go back to the rules of engagement and what is correct and not for an officer to do.
Does lets say resisting arrest give the right to an officer to punch you in the face? What about use mace? Here we have another example:
http://www.tcpalm.com/news/2007/oct/04/dramatic-arrest-caught-camera-fort-pierce/
Again, it's absolutely about "did he have to". Did he have to use pepper spray in this case? Yes? No? Why? If it's no because this level of violence was unwarranted in this situation, that's what escalation of violence is all about, if you don't have to punch someone, you don't, if you don't have to shoot someone, you don't. If you decide to use more violence than is appropriate, then it's excessive violence, which is what was the case with the punch. It might as well have come to punching the girl, but then it would have been when that level of violence was necessary. It it was not necessary, but was used none the less, then it cannot be "appropriate and correct"...
He was not proactive. He had already been hit. A woman, bigger than him, charged up to him, freed the person he was attempting to detail, and hit him. He hit back.
It's an absurd point. You might as well argue "she wasn't assaulted: he was just trying to control the sitution. She was merely pushed in the process of an arrest".
Not hit, pushed... Watch the vid again. He could have been eventually hit, possibility is there, but he wasn't...
You might think it's not relevant in which by legal terms it might be deemed assault, but the fact is she didn't hit him, merely pushed, and there's a difference there. You push someone to create a bit of distance, it can result in a fall where possible injury might incur, but it's a lesser level of violence than a hit; a punch. Maybe that's an absurd point for you, but not for me.
You don't know what the definition of "assault" or "battery" is.
Assault: 1 a : a violent physical or verbal attack b : a military attack usually involving direct combat with enemy forces c : a concerted effort (as to reach a goal or defeat an adversary)
2 a : a threat or attempt to inflict offensive physical contact or bodily harm on a person (as by lifting a fist in a threatening manner) that puts the person in immediate danger of or in apprehension of such harm or contact — compare battery 1b b : rape 2
Battery: 1 a : the act of battering or beating b : an offensive touching or use of force on a person without the person's consent — compare assault 2a
I don't know what he was thinking. I am not a mind reader. Are you? I know things he could have been thinking.
You've answered your own question.
So pulling the weapon was an entierly hollow threat that required undoing before any escelation? That's a really bad idea.
Are you referring to the officer who pulled out his weapon when finally the woman in the vehicle finally stopped after 8 miles? Who says it was an entirely hollow threat? Or the one where the other car refused to stop and the officer pepper sprayed them for no apparent reason? In all cases, it's definitely not a hollow threat, if a cop pulls out a weapon, it's not a hollow threat...
(referring to the officer who pulled out his weapon when finally the woman in the vehicle finally stopped after 8 miles)
Really? I think he over-reacted considerably. I find great fault with his action.
Great fault how? She failed to stop when he pulled behind her, she rode for 8 damn miles before stopping. He definitely had justification to pull out his gun because he had no idea who he was dealing with. She gave him justification when she didn't pull over right away and forced him to chase her for 8 miles... Had she stopped immediately like she should have, he'd not have been so upset and would not have had his firearm drawn. Funny you think he was wrong in screaming and pulling out his gun... Normal people stop immediately, those who don't usually have good reason to and are often more of a threat than a usual traffic violation... that's ample justification for drawing his gun right away...
And if the woman had been bigger than him, had 10 friends, and had resisted by shoving him and pulling away as happened in our J-walking situation? Does he shoot people you object to him punching?If not, then how is the firearm anything but a hinderance and escalation?
if and if and if and... If she turned into a bird and flew away, what then? You can go far with ifs. She had 4 friends, you see one holding the crazy black woman in pink at the start... I never said anything about shooting her (well seriously at least, I did sarcastically), as I said, after he took a step back, he would have been well within his right to punch her if she came at him. The punch imho was premature.
I would call it a murder. If anything, I hold police to a higher standard of restraint than non-police. It is their job to be at risk.
Then you don't know what murder means. Let me help you: "the crime of unlawfully killing a person especially with malice aforethought". If he shot her by mistake, thinking she was about to shoot him, it would not have been murder.
The difference there would be that the officer in the real event was complete correct that he had been assaulted.
But let's discuss your hypothetical and see if you are consistant. If she comes at him with a knife does he have to shoot her? Couldn't he do something less?
If she comes at him with a knife, his life is in danger and he's well within his right to draw his firearm and shoot her. If he thinks he can karate chop her or control her any other way, then he's well welcome to do so, but in no way is he obligated to do so. Drawing a knife and coming at an officer in all cases allows any officer or any man alive to use deadly force to defend himself.
Of course he *could*. What the outcome of that would be we would not know unless he tried.
Right, it's his life on the line, if he wants to take the risk, I believe he can, unless some regulation forces officers to defend themselves by shooting when came at with a knife...
You seem to repeatedly make "if this was done than that would have happened" without any real way of knowing what would have actually happened.
Not really. For an officer to use physical violence on someone I believe certain conditions must be met. No one specified those exact circumstances so far... Gov maybe can clarify? I don't think those conditions were met.
I don't think that the filmed scene warrants an officer to punch someone in the face. I don't think it was necessary, and so I think the level of force used by the officer was excessive.