Exploring the Duty of Care in Law Enforcement

Guardian Mindset Podcast

Dec 13 2023 • 40 mins

Episode Summary:

Hosted by Attorney Eric Daigle, this episode of the Guardian Mindset Podcast offers a deep dive into the intricate landscape of duty of care in law enforcement. Attorney Daigle opens with a compelling analysis of the history of use of force, qualified immunity, and key Supreme Court cases, highlighting the critical importance of officers adhering to established laws.

The discussion explores essential questions surrounding the moral and legal obligations of law enforcement, particularly in crises like mental health emergencies and suicide threats. Drawing on real-life examples, the episode highlights a deputy initially charged with child abuse for hesitating during an active shooter situation, sparking a broader exploration into the historical aspects of use of force, qualified immunity, and recent Supreme Court cases that shape the legal landscape.

Shifting to the intersection of mental health and law enforcement, the episode conducts a thorough analysis of court cases, advocating for a joint approach to effectively assist individuals in crisis situations. The exploration extends to the use of force in medical cases, featuring an in-depth examination of two court cases and introducing the Hill Test as an evaluation tool for an officer's use of force against non-criminal suspects.

The episode concludes by scrutinizing the legal and moral responsibility of law enforcement to act against individuals posing a threat to themselves and others. As a thought-provoking finale, the implications of mental health applications on law enforcement are explored, emphasizing the nuanced balance between legal and moral obligations.

Tune in for an insightful conversation that unveils the duty of care concept, navigates the evolving landscape of policing, and underscores the crucial guardianship role of law enforcement in preserving both legal standards and moral imperatives.

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