mock trial justice smith

Question 1

where were you hired from after graduating from harmony state police academy

Answer 1

cardinal police department (as a uniform)

Question 2

what is a uniform patrol officer

Answer 2

assigned to a specific area of the community; they provide routine patrol, conduct premise inspections, apprehend and arrest law violators and enforce laws and ordinances

Question 3

when were you promoted to sergeant

Answer 3

1999

Question 4

what were you responsibilities as a sergeant

Answer 4

supervised an entire shift of uniforms and, among other duties, organized daily assignments prepared and presented roll call, reviewed and approved reports and assisted with difficult investigations.

Question 5

when were you promoted to lieutenant

Answer 5

2003

Question 6

what were your duties as a lieutenant

Answer 6

i was responsible for ensuring that all subordinate officers in the carnation hillls police department followed all statutes, regulations, and department policies. i drafted and revised department policies to comply with state and federal law and recommendations from national law enforcement organizations. I was primary liaison to the chief of police and often was asked to participate in community education events and programs. I also obtained certification as a subject control instructor. i had primary responsiblity to plan and execute all of the departments CPT programs, including educating officers on appropriate repsonses to a wide variety of situations faced by officers every day on the job, inlcuding following the ARC

Question 7

what were your primary areas of instruction

Answer 7

use of force
response to resistance
weapon and retention/shot avoidance
communication response tactics
defensive tactis instructor course
first responder training

Question 8

when did you retire

Answer 8

2014

Question 9

why did you retire?

Answer 9

i “maxed out” my years of serice to draw retirement benefits from the state of harmony

Question 10

what have you done in your retirement

Answer 10

i couldn’t just hang around the house so i started a small consulting business which allows me to work with law enforcement department around the state. i have been able to continue to lead trainings as a part of consulting work. i also work security at local event and started a small consulting business.

Question 11

can you elaborate on your consulting work

Answer 11

it requires me to keep current on best practices, legal requirements, and applicable policies and procedures for law enforcement

Question 12

what is the ARC

Answer 12

the arc teaches officers how to properly evaluate a situation to determine the type and extent of response that is reasonable to protect the public and themselves from harm and effectively gain control

Question 13

how should an officer choose his/her response

Answer 13

department policy, his/her physical capablities, perception of the situation, training and experience

Question 14

what circumstances should an officer asses when ariving at a scene

Answer 14

type and closeness of a weapon, distance from the subject, availability of other option, environmental conditions, inlcuding the actual or perceived threat of harm by others in close proximity, injury or exhaustion of the officer or subject, and whether the suspect is handcuffed, on the ground, or otherwise incapacitaded.

Question 15

how have previous medieval fairs gone?

Answer 15

most of the attendees at this festival are well behaved and historically we have had few arrests for minor misdemeanors. over the years we have found that having a commanding presence can make people feel at ease, or using authoritative body positioning and verbal cues can quickly diffuse a situation. in cases where the resistance is more significant, such as striking, kicking, or pushing the officer, it has been necessary to use greater force to respond, including mace, taser, or baton techniques

Question 16

why did you go to swifties

Answer 16

i was hungry and didn’t want a turkey leg because it didnt sound appetizing ad most of that food gives me heartburn

Question 17

how far were the kids from the store

Answer 17

20 feet

Question 18

why did you stick around at swifites

Answer 18

i saw the two kids arguing and even though i was off the clock i wanted to stick around and make sure things didn’t get ugly

Question 19

what did you ask the bystanders in the area and what did they reply

Answer 19

i asked how long they had been arguing and some people said they didnt think they were arguing and that they had been playing around

Question 20

what did the officer do after he shot the kidd

Answer 20

he moved forward with his weapon still drawn and kicked the bow away. then he surveyed the scene, lowered his weapon, and checked the archer’s vitals

Question 21

how did you assist in the situation

Answer 21

i applied pressure to the wound site, determined the archer was still breathing but unconscious. emergency medical services arrived within several minutes (there is medical assistance available at the faire). then i stepped back, allowed the paramedics to take over, and i remained at the scene for a statement

Question 22

who were you interviewed by

Answer 22

two detectives from intenral affairs division

Question 23

why do you thing that officer green should have recognized it was a toy

Answer 23

officers are trained to recognize a ide variety of weapons, inlcuding bows and arrows. although the bow and arrow looked somewhat realistic, even to someone who is not trained, it wouldn’t take the average person long to figure out that the “weapon” was just a toy..

Question 24

would the fact the officer green was responding to a “potential armed robbery” change your opinoin.

Answer 24

no the scene was not consistent with presenting a situation that posed risk of serious bodily harm that would justify the use of deadly force

Question 25

how did officer green fail to evaluate the environemental conditions at the scene?

Answer 25

the individual with whom the archer was arguing did not appear to be concerned for his/her safety or appear to be threatened by the bow and arrow. The small group of bystanders was not behaving in a manner to suggest that they felt they were in danger of serious harm. in fact, i observed that a couple of people appeared to be “joking around” with each other and were comfortable watching the argument between the two individual. none of the bystanders tried to wave officer green down, seek cover behind cars parked nearby or were seen running from the scene. If he had taken the time to see this, then maybe we wouldn’t be sitting in this court room right now

Question 26

what could officer green have done instead of firing shots?

Answer 26

he could have waited for assistnace, continued verbal and/or physical commands to the individuals to drop the weapon and disperse from the area

Question 27

why are you qualified to be an expert

Answer 27

i have been a police officer and instructor with more than 25 years of experience

Question 28

is it true that officers sometimes have to make split second decisions?

Answer 28

yes. our job isn’t always easy having to make tough calls every day, and at time have to make split second decisions. however, sometimes an additional 15 seconds to a minute can make the difference between saving a life or losing one. That is why I think regular and repeated training is critical to our success as officers.

Question 29

where did you graduate from

Answer 29

trillium high school

and state of harmony police academy

Question 30

6 officer characterisitcs factors (ARC)

Answer 30

1. age
2. sex
3. size
4. skill level
5. multiple subjects/officers
6. relative strength

Question 31

special circumstances (ARC) (8)

Answer 31

1. closeness of weapon
2. health
3. cover
4. distance from subject
5. special knowledge
6. availability to other options
7. environmental conditions
8. subject handcuffed

Question 32

use of deadly force: to be used only in compliance with the ARC

Answer 32

a. shall use deadly force to protect self or another from danger of imminent death or serious bodily injury
b. shall not discharge firearm to unreasonable endanger innocent persons;
c. shall not use deadly force to prevent property damage or harm to the suspect;
d. shall not discharge a firearm at a moving vehicle
e. when use of deadly force seems possible, should call for back assistance
f. should precede any use of deadly force by issuing a verbal warning