Criminal Justice Paper

Criminal Justice Paper

Summary of facts

  • Officer Speedy of the Leo police department was patrolling in her cruiser around midnight last night. A black sports car came careening around the corner and almost hit the cruiser. Officer Speedy pursued the sports car at a rate of speed more than 100 mph through downtown Saint Leo.
  • The bars were closing, and some people were in the area. Officer Speedy lost control of the cruiser, jumped a curb, and hit and killed a pedestrian on the sidewalk. The sports car driver looked back to see what happened to the cruiser and drove into a telephone pole, killing him.
  • The sports car driver looked back to see what happened to the cruiser and drove into a telephone pole, killing him.
  • The department does not have a “hot pursuit” policy

Legal issues

Several legal issues erupt from the above facts that are presented in the case scenario. The legal issues emanating from the case are;

  • The first legal issue is whether the Officer speedy of Leo Police violated the law by deciding to persuade the sports car considering the department had no hot pursuit policy
  • Whether the Officer Speedy of Police broke the law by speeding downtown of Saint Leo at a rate of speed over 100mph while pursuing the sports car.
  • Whether the Officer Speedy of Leo Police is liable for the death of the sports car driver
  • Whether or not the Officer Speedy is responsible for the death of the patient that he hit and killed while chasing the driver of the sports car.

Arguments presented.

In this case scenario, there are three sides. The first is to accept that the driver was liable for the killing of the pedestrian and that the Sherif and the city should bear liability and pay the family of the pedestrian. The arguments for this case is that the officer was over speeding, an excess of 100 mph through downtown. Since this is an overcrowded place, unlike in rural areas of the United States, the speed exceeded the required minimum. Another argument for this side is that the pedestrian was walking on the sidewalk of the road which is the recommended area for pedestrians. Therefore it is not the fault of the pedestrians by all means that he/she was run over. The second side the family for the sports car driver who is suing the Sherif and City of Saint Leo for the death of the death of the driver. The arguments presented here is that the driver was driving at high speed to escape the Officer leading to hitting the telephone pole. This is because the pursuit was unlawful because the police department of Saint Leo had no hot pursuit.

Applicable laws

Car accident law

A car accident or single vehicle accident laws are laws that govern the determination of a liability in situations of an accident that involve one vehicle.[1]It implies an accident which only one vehicle is involved. Since its only one vehicle that is involved in the accident, the  laws infer any damage caused to the person who was in the best position to avoid the accident, which is usually the driver. This is usually a result of operators negligence, errors, overspeeding or driver fatig

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