Justice David Souter stated that police could be reprimanded only if the conduct of the officer was "so egregious, so outrageous, that it may fairly be said to shock the contemporary conscience." The idea of a "contemporary conscience" is open to much interpretation and lacks any concrete basis. The idea of "shocking" may not apply to situations in which an officer clearly made an error that could have been avoided. All high-speed chases are by definition extreme. In determining an officer's liability, common sense deserves principle consideration. The places a chase may run through, the number of people put at risk and the likelihood for a safe resolution of the chase are all factors the police must consider, and form the standards by which officers should be measured in terms of liability.
Understandably, the decision delights law enforcement personnel across the nation. Robert Scully, a retired officer and executive director of the National Association of Police Organizations, said after the verdict, "We applaud the Supreme Court for following our logic and not second-guessing law enforcement officers when they make a split-second decision to engage in a high-speed pursuit." Certainly, high-speed pursuits are a part of the job police officers perform. The decision of a police officer to pursue one resisting arrest is a complicated, quick process.
We as citizens must maintain faith in the ability and training of our law enforcers, while at the same time realizing the tragic implications that high-speed chases may bring. On average, 300 deaths each year are caused from police pursuits. In Michigan, at least 110 people have died due to police chases since the start of the decade. Sometimes, though the pursuing officer may take every precaution, lives are lost. But when officers do not take expected precautions they must be liable. These occurrences are not acceptably accounted for in the Supreme Court's decision.
Each time the sirens go on and civilians pull to the side of the road as squad cars roar on, certain understandings must prevail. Citizens need to recognize the police are trying to protect them, but dangerous circumstances exist and require the judgment call of an officer. Officers must determine whether the fleeing individual poses more harm unpursued than the risk of participating in a high-speed chase. If the police perform unacceptably and create a deadly situation, they must have accountability.
06-01-98
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