California's 'Model' Police Use-Of-Force Law Won't Change Much About Deadly Force Deployment

In response to controversial shootings of citizens by police officers, California's governor has (far too proudly) signed into law a bill that will do almost nothing to prevent more of these kinds of killings:

The precipitating factor in changing the standard was the March 2018 police shooting of Stephon Clark in Sacramento.

Police shot and killed him in the back yard of his grandmother's house, after mistaking his cell phone for a weapon. Police suspected Clark of breaking into cars, and they shot him after he refused orders to show his hands. Instead, police said, he pointed what turned out to be a cell phone at them.

As is almost always the case when police officers kill unarmed people, the officers' decision to kill Stephon Clark was found to be justifiable -- a reasonable response to a situation in which the officers feared for their safety.

The new law says these kinds of killings will no longer be justified. Oh, wait. It says nothing of the sort. In fact, it says officers can keep killing people as long as they fear for their safety or the safety of others.

A peace officer is justified in using deadly force upon another person only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary for either of the following reasons:

(A) To defend against an imminent threat of death or serious bodily injury to the officer or to another person.

(B) To apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts.

This law would have done nothing for Stephon Clark. It will do nothing for future Stephon Clarks -- people who aren't carrying weapons but are responding poorly to conflicting commands being shouted by multiple officers who are carrying weapons.

This failure to make any substantial change to the everyday business of killing citizens is being hailed by the man who signed the bill as the future of police use of force legislation.

California Gov. Gavin Newsom (D) announced on Monday that California is now a "model for the rest of the nation" when it comes to the use of deadly force by police officers.

Good news, rest of the nation! To keep up with California, you really won't have to do anything.

The reason this law is so weak is because it had to be this weak to even get passed. Concessions were made after the bill got hung up in negotiations with law enforcement agencies and their unions. Assemblywoman Shirley Weber's bill only moved forward once it had been watered down enough to be agreeable to the government agencies it would affect.

To get the bill through the Legislature, Weber accepted amendments that eliminated provisions that would have made it easier to prosecute officers.

It still gives some power to courts to decide if an officer’s application of force is justifiable, but it’s unclear if more officers will face criminal charges because of the new law.

It's not a total loss, though. It does make at least one drastic change to police force deployment. It forbids the killing of people who pose a threat only to themselves.

A peace officer shall not use deadly force against a person based on the danger that person poses to themselves, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person.

This will keep officers from "helping" suicidal people end up dead faster. Hopefully, it will also slow down the rate at which cops