Disagree. Do you seriously want cops on the site to make a snap judgment whether it was justified or not?
I don't. In such a serious case, a hearing is entirely appropriate, possibly at minimum in the form of an inquest.
YMMV.
The cops did not make a judgment, the copes are PROHIBITED from making any self defense use arrest. The Prosecutor has to look the case over and see if it was a self defense case.
Prosecutors are held (alegedly) a high ethical standard in filing cases. It is not just let the judge sort it out. (”We who labor here seek only the truth”)
If there is no prohibition then you end up with a blanket arrest policy which leads to the fiascos of the domestic abuse courts where SOMEBODY has to be arrested as a matter of police policy.
There is no judgment for the police to make. The simple answer under the law is “no arrest”. The end.
Yes. Do you seriously believe a lawyer with a vested interest, far removed from the scene, is going to make a better determination?
The cops did not make a judgment, the copes are PROHIBITED from making any self defense use arrest. The Prosecutor has to look the case over and see if it was a self defense case.
Prosecutors are held (alegedly) a high ethical standard in filing cases. It is not just let the judge sort it out. (”We who labor here seek only the truth”)
If there is no prohibition then you end up with a blanket arrest policy which leads to the fiascos of the domestic abuse courts where SOMEBODY has to be arrested as a matter of police policy.
There is no judgment for the police to make. The simple answer under the law is “no arrest”. The end.