Bringing Taser Misuse Into the Spotlight.
The state of Delaware is making progress in helping curb the misuse of Taser guns. Legislation that passed the House last Thursday makes the use of a Taser or stun gun against another person, unless in self-defense, a felony instead of a misdemeanor. The bill also increases the penalty for use of a stun device against any law enforcement officer, security officer, firefighter or other emergency medical personnel in the action of their job duties. What the bill does not do is outlaw the use or possession of these devices; it simply enhances penalty for misuse.
This legislation should be the example; other states considering legislation to ban Taser and stun guns altogether should instead look at this model and follow suit. Other “dangerous instruments,” (as a stun device is called in the bill), such as handguns are not outlawed, but there are simply stiffer penalties in place for their misuse and abuse. It doesn’t follow logic that a less harmful device like the Taser could possibly be banned completely. What other options do we have to protect ourselves? Tasers offer the luxury of keeping distance between ourselves and a potential attacker, as well as the momentary “paralysis” of the target which allows time to flee from the danger. What’s better, those of us law-abiding citizens who don’t wish to use violent force to resolve an issue (as opposed to the attackers who obviously have no problem with that) have the opportunity to protect ourselves without permanently harming another person.
If a Taser is going to be considered a “dangerous instrument,” its use should qualify for some protection under the law, when used for self-defense.
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Comments on Bringing Taser Misuse Into the Spotlight.
I want to preface my comment by saying I do not know about this bill except for what is said here.
I believe that this bill fails the people of Delaware. The biggest threat and misuse of the Taser is from the weapon's major users, the State. I have heard very little about citizens misusing the Taser. I have however heard and seen examples of my fellow officers using the Tazer as a convenient method to exert force on both the violent criminal and the citizenry. I have been branded and cast outside the "circle of trust" because of my open disgust of the misuse of power and breach of faith that this "covenient" use of overwhelming, but temporary, power.
I contend that Law Enforcement would serve the people better with out this tool or have it VERY heavily scrutinized at every use (more so possibly than a firearm) to prevent the misuse that I have seen and seems to becoming common place
I agree COMPLETELY! The law and policy should be that an officer OR citizen should only use the stun device IF they would otherwise have had to resort to their FIREARM. If they would have thought it appropriate to bring to bear their firearm in the situation, but instead opted for the stun device (obviously, if the officer felt his life was in danger he would SKIP the stun gun and go for his firearm) then it's use would be justified. IT SHOULD NOT BE USED as a means to facilitate the use of handcuffs, or to enforce the officer's will where he would not be equally willing to draw his firearm to ensure compliance. IN NO INSTANCE should the officer use the weapon where he/she is not in IMMEDIATE fear of bodily injury to their person or others. I have lately seen too many uses at traffic stops that 10 years ago (before the popularity of stun devices) would have been resolved by intelligent officers by other means. It would appear that it is being used INSTEAD of other less violent methods in the interest of saving TIME and avoiding FRUSTRATION for the officer rather than requiring the use of reasoning, diplomacy, and skillful application of intervention techniques. These uses are DISGRACEFUL and indicative of individuals possessing mindsets NOT COMPATIBLE or well suited for PEACE officer employment. The damage to the department's public image, and the law enforcement profession as a whole, is immediate and severe. It casts professional, and concerned officers in the same light as the THUGS and BULLIES that use these devices then later brag, or make humorous comments concerning their VICTIM'S responses to fellow officers. Would they make the same comments in the same tone, about how the suspect's body responded to the bullets had they felt the need to use their sidearm?