ShadowsPapa
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Hmmm, just at a glance - well said.Karen's attempt to put people in their place without guns all the time without being armed. The lunacy there is beside the point. The people that carry guns and then brandish them are not usually legal carriers. But there are idiots everywhere. That doesn't stop you from being the guy who's gliding down the road staying away from crazies. You can't control others, and having your own weapon doesn't stop you from being that same guy gliding down the road.
New Jersey police are sworn to "protect and serve" the public through their oaths and mission statements, BUT they generally do not have a specific legal duty to protect individuals from immediate harm. U.S. Supreme Court rulings have established that police lack this individual duty to protect, with some exceptions like their duty to intercede when fellow officers violate rights. This means that while officers are expected to respond to emergencies and take action, a specific individual cannot sue police for failing to protect them unless a special relationship or known danger creates an exception.
The "Public Duty Doctrine"
General Obligation vs. Individual Duty:
The concept of police having a "duty to protect" is often limited by the public duty doctrine. This means that while police have a general duty to the community as a whole to prevent crime and maintain order, this duty does not automatically extend to a specific individual.
Supreme Court Rulings:
In cases like DeShaney v. Winnebago County Department of Social Services (1989) and Town of Castle Rock v. Gonzales (2005), the U.S. Supreme Court ruled that police do not have a constitutional obligation to protect individuals from private harm, even when aware of specific threats.
Exceptions to the Rule:
Special Relationship:
An exception to the public duty doctrine can occur when a "special relationship" exists between the police and an individual. This might include situations where:
An individual is taken into police custody.
An individual is being threatened or is under police protection.
Duty to Intercede:
Police officers have a legal duty to intercede when they witness a fellow officer using excessive force or violating a citizen's constitutional rights.
What This Means in New Jersey:
Oaths and Mission:
New Jersey police officers take oaths and have mission statements that commit them to protecting the public and upholding the law.
Action vs. Legal Duty:
This means they will routinely respond to and take action in dangerous situations. However, the failure to be present or prevent harm does not automatically create liability for the police, unless one of the specific exceptions applies.
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