Running head: CRIMINAL CODE
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Criminal Code: Justification and Excuse Defenses
Student’s Name
Institutional Affiliation
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Criminal Code: Justification and Excuse Defenses
Violation of Policies and Procedures
In terms of violation, the police tased Lambert several times, which is contrary to their
guideline that requires a violent suspect to be tased only once. This is because a single, 5-second
Taser transmits 50,000 volts of electricity which could debilitate a person by temporarily turning
the human body to an electric conductor. However, law enforcement experts have cautioned
against a suspect being repeatedly tased, as this could result in serious injury or death.
Additionally, the suspect was already cuffed and the law prohibits against tasing a cuffed
suspect.
Criminal Code Charges
According to 2C:3-4 a on the use of force in self-protection a. protects the police officers
who had Lambert under arrest during this incidence. Additionally, also subject to the provisions
of this section and that of 2C:3-9, the use of force toward or upon a suspect, is justifiable when
the actor (the police) reasonably believes that such force is straightaway compulsory (2016 New
Jersey Code of Criminal Justice). In Lambert’s case, who was already in cuff’s the use of
excessive force was unnecessary. Moreover, according to the Criminal Code 2C:3-7 on the use
of force in law enforcement (2) Deadly force, like the one that was used on Lambert, is not
justifiable unless: (c) The actor (police officer) rationally believes that the crime of the suspect is
related to kidnaping, homicide, or any offenses under 2C:14-3 or 2C:14-2 like robbery, arson, or
burglary.—However, Lambert was just but on a medical trip.
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Opening Statement
On May 13th of 2013, a man shackled in police cuffs, was tased repeatedly, before he
was walked back into the police car. Here again, he was tased and before the police could get
him to jail for confessing to have been under the influence of cocaine, he had passed on. Prior to
all these, Lambert, the 46 year-old victim, had been found behaving strangely in a motel, Super 8
motel in South Boston, located in South Virginia (MSNBC, 2015). The police who had received
complaints from most customers on board at the motel came for him, and when they saw his
condition, they decided to take him for a drive medical drive to the nearest Virginia Emergency
Room, where he would get immediate medical attention. On arrival at the ER center, Lambert
became restless and violent, kicking the rear window. It is at this point that the story took a twist
that ended up in Lambert’s death.
Two Points Arguments for Conviction (two paragraphs)
The first point of conviction is with regards to Criminal Code 2C:3-4 on Use of force in
self-protection 2 (b) (ii), that states that a public officer is justified in using force in the
performance of his or her duties only in the case of preventing an escape or in the event that they
have threatened resistance of arrest. This was not the situation by Lambert however, as he was
already under arrest after his confession and in cuffs even before his arrival at the ER for the
medical trip. The police were therefore, not warranted to use excessive force (15 times of tasing
within a period of 2 minutes).
Moreover, Criminal Code 2C:4-1 on Insanity defense, protects a person from being
criminally responsible at the time of arrest if their conduct suggests some defect of reason like in
Lambert’s case (2016 New Jersey Code of Criminal Justice). The Police who arrested him were
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clearly aware of his insanity, as one of then was heard saying “please act sensibly” (MSNBC,
2015). This law posits that an insane person is not aware that what they are doing is wrong.
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References
2016 New Jersey Code of Criminal Justice.
MSNBC. (2015). Virginia Man Tased, Shackled And Dies In Police Custody. You Tube.
Retrieved from: https://www.youtube.com/watch?v=uSCeUvi9kcM&feature=youtu.be