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Mother of Police Chase Victim Seeks Reform

By TChris, Section Legislation
Posted on Thu Jul 28, 2005 at 06:48:13 AM EST
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by TChris

Kristie's Law would prohibit high speed police pursuits in California unless the fleeing driver is suspected of involvement in a violent felony. Kristie was the innocent victim of a high speed chase. Her mom complains that "[l]aw enforcement's meaningless alternative to Kristie's Law, Senate Bill 719, is sailing through the Legislature."

SB719 would require law enforcement to adopt a pursuit policy, but this reform is mostly symbolic. Police departments must already adopt a pursuit policy to receive blanket immunity from civil liability. Romero's bill retains California's unique injustice of immunity even when the policy is not followed. It states only that departments must adopt, distribute and have officers read the policy. This reform implies that officers are not even reading their policy! Where is the accountability? Can you think of any other public-safety priority where thoughtful policy is developed, adopted, and then legally ignored?

And while Romero's bill would create a statewide reporting system for police pursuits, all review and reporting would remain under law enforcement's domain. There would be no outside, independent reviews of any kind. "The bill does not require testing or certification for officers," says Geoffrey Alpert, chairman of the Department of Criminology and Criminal Justice at the University of South Carolina and a recognized expert on police pursuit. "There is no policy review at the state level."

More information about Kristie's Law is available here.

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    Mother of Police Chase Victim Seeks Reform | 9 comments (9 topical)
    Re: Mother of Police Chase Victim Seeks Reform (none / 0) (#1)
    by swingvote on Sat Dec 17, 2005 at 01:01:42 PM EST
    I can understand the incentive these peopel feel, but this is a dumb idea. If we outlaw high speed chases except when the suspect is suspected of inivolvement in a violent felony, we open the door to every criminal with a gas pedal to just flee. If the police can't chase a fleeing burglary suspect beyond a certain speed limit, that suspect will exceed that speed limit. If the police can't chase a fleeing drug runner beyond a certain speed limit, that drug runner will exceed that speed limit. Speeders will become impervious, as they can't be classified as violent felons and all they have to do is go fast enough to outrun the police who have been told they can't give high speed chase. The end result will be that felons will begin evading pursuit in ever higher number as they realize that a fast car is the answer, and the first time one of this idiots hits and kills someone, the same people advocating for this law will be complaining about how the cops weren't there to protect this person. There has got to be a better answer. In the meantime, if they pass this kind of law, California had better invest heavily in helicopters. It will be their only chance at catching people.

    Re: Mother of Police Chase Victim Seeks Reform (none / 0) (#2)
    by Pete Guither on Sat Dec 17, 2005 at 01:01:42 PM EST
    I have a problem supporting any law that's named after a victim. In my experience, they tend to be emotionally crafted rather than following sound legal principles. And a whole lot of the bad legislation we're stuck with today came out of legislative "response" to a tragedy.

    Re: Mother of Police Chase Victim Seeks Reform (none / 0) (#3)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:01:43 PM EST
    justpaul wrote: If we outlaw high speed chases except when the suspect is suspected of inivolvement in a violent felony, we open the door to every criminal with a gas pedal to just flee.
    What the law seems to be trying to do is protect the public from over-zealous and adrenaline-fueled cops from giving chase to just anyone. While some may see this as giving the green light (no pun intended) to "every criminal with a gas pedal," I see it more as a call for police agencies to seek alternative methods to stopping fleeing suspects. I would suggest better strategies such as improved radio communication, coordinated road blocks, more helicopters and the like. Sure, it would cost more money, but saving lives is more important than money.

    Re: Mother of Police Chase Victim Seeks Reform (none / 0) (#4)
    by Sailor on Sat Dec 17, 2005 at 01:01:43 PM EST
    No cop car is faster then the speed of light. Try using a radio to contact units ahead. My experience in LA in that choppers are always in the air. Burglary, by definition, is a violent felony. You've invaded a home. Most of the cop chases are for minor misdemeanors. Is it worth killing anyone for a misdemeanor?

    Re: Mother of Police Chase Victim Seeks Reform (none / 0) (#5)
    by swingvote on Sat Dec 17, 2005 at 01:01:44 PM EST
    Labrinth, I understand what the proposed law is trying to do, but ignoring the law of unintended consequences has never proven to be a good strategy. The first time a roadblock end in the car they wish to stop ramming it and killing someone, the same people who propose this law will be back saying no roadblocks. After all, if it's better to spend money than risk lives, it's better to let criminals simply escape than risk lives, isn't it? Sailor, I seriously doubt a burglary which takes place when no one is home can be classified as a violent crime. But I could well be wrong. Do you know of any state that considers breaking and entering when no one is there a violent crime? As I said above, speeding is a misdemeanour. Should the police just ignore it because of that? Or should they just ignore you when you refuise to stop, knowing that they won't chase you for a misdemeanour?

    Re: Mother of Police Chase Victim Seeks Reform (none / 0) (#6)
    by roy on Sat Dec 17, 2005 at 01:01:44 PM EST
    Sure, it would cost more money, but saving lives is more important than money.
    That's kind of a cop-out analysis. What else might that money be spent on, whether as tax revenue or private income? If somebody has to give up, say, teaching cops to shoot straighter, health insurance, vitamins, superior education, burlar alarms, or buying a car with two air bags instead of one, we might end up costing more lives than we save or missing an opportunity to reduce crime so chases are less of an issue in the first place. Or, somebody might just spend the money on ale and whores (literally or the shirt).

    Re: Mother of Police Chase Victim Seeks Reform (none / 0) (#7)
    by kdog on Sat Dec 17, 2005 at 01:01:44 PM EST
    Sailor nailed it...the high speed chase should have been made obsolete when car radios were invented. Radio ahead and set up a road block...it's safer for all parties.

    Re: Mother of Police Chase Victim Seeks Reform (none / 0) (#8)
    by sarcastic unnamed one on Sat Dec 17, 2005 at 01:01:44 PM EST
    It might be useful if Patrick weighed in on this one...

    Re: Mother of Police Chase Victim Seeks Reform (none / 0) (#9)
    by peacrevol on Sat Dec 17, 2005 at 01:01:44 PM EST
    Uh...it seems to me that you cant just block the roads. There are thousands of roads in urban areas and you cant just call ahead and simultaneously block all the avenues that these guys might take. That's a little idealistic. Helicopters may be the answer. Put the media to use. They have helicopters too. But then you run the risk of having too much traffic in the air. I think what it boils down to is that we must train our police to handle these high speed chases without letting them get so out of control. I'm as much against keeping a short leash on the power of our cops as the next guy, but in these situations, they have to be able to react, within the limits of the situation and only with warranted cause, in a way that gives them the upper hand. It's a touchy situation when you have to trust these guys we call cops, given that many of them have some kind of chip on their shoulder that makes them hate regular citizens, but sometimes we just have to if we want to have caught those people being chased.

    Mother of Police Chase Victim Seeks Reform | 9 comments (9 topical)