Anonymous wrote:It’s pretty hard to call a policeman doing an arrest “... during the commission of a felony ...” That’s using 20/20 hindsight.
Although we haven’t seen the final jury proposals, I don’t think the judge will choose to include the defense’s proposed “20/20” specification because it’s distracting and redundant. In the Noor jury instructions, the wording was “a reasonable police officer, in the same situation, without the benefit of hindsight.” They actually used the wording “peace officer” instead of police officer. The Noor case did not involve an arrest. But I think for that section about reasonable use of force, we could speculate that Judge Cahill would go with pretty similar wording.
So the question is whether a lawful arrest can become a felony assault if force is escalated beyond “what a reasonable police officer, in the same situation, without the benefit of hindsight, would believe to be necessary”, and that’s essentially what this jury is deciding.