The 2023 DLG Use of Force Summit opening keynote by Attorney Eric Daigle will delve into current trends in the industry related to the use of force. His keynote, titled “The Legal Balance Between Duty of Care and Use of Force,” scrutinizes how the concept of ‘duty of care’ actively reshapes our understanding of liability and duty, guiding the evolving responsibilities of law enforcement toward individuals and society while upholding our duty to protect and serve.
In a world where every decision holds significant weight, comprehending the nuances of Duty of Care has never been more critical. This topic is of paramount importance in today’s fast-evolving legal landscape. As we find ourselves at the crossroads of change and responsibility, it becomes imperative to address the pressing and highly controversial question: “Do officers have a duty to care to intervene in crises, and what defines this duty in the contemporary landscape of law enforcement?”
The concept of ‘Duty of Care’ serves as a pivotal starting point for discussion. This concept notably manifests itself in scenarios involving both criminal and non-criminal barricades. The differentiation between ‘suspect’ and ‘subject’ language transcends mere semantics; it forms the basis for evaluating governmental interests and anticipating potential liabilities for our officers.
Duty of Care brings to light the multifaceted challenges officers face daily, necessitating their navigation of the thin line between moral obligation and legal duty. This balancing act demands both knowledge and training. It signifies a transition from historical approaches, which often leaned toward direct intervention and the possible use of deadly force, to modern strategies that prioritize de-escalation and scrutinize the role of armed officers during crises.
