Eleanor Finch
The use of deadly force by police officers is a highly controversial topic that has been the subject of much legal debate and scrutiny. Deadly force refers to any force that is likely or intended to cause serious bodily injury or death. While the specific laws and regulations governing the use of deadly force vary across different jurisdictions, there are some common principles that generally apply. In most cases, the use of deadly force by law enforcement officers is only justified when there is an imminent danger of death or serious physical injury to the officer or another person, and all other lesser means of de-escalation or control have failed or cannot reasonably be employed. The perception and belief of the officer are critical factors in determining the legality of their use of force, and officers are typically trained to use alternative methods and tactics when possible. The legality of using deadly force against a fleeing suspect is particularly contentious, with court rulings providing conflicting guidance. While some rulings suggest that deadly force may be justified to prevent the escape of a dangerous felon, others emphasize the importance of considering the totality of the circumstances and whether the suspect poses an imminent threat to others.
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What You'll Learn
The use of firearms
Deadly force is generally defined as any force that is likely or intended to cause serious bodily injury or death. This includes the use of firearms, bladed weapons, explosives, and vehicles. In the context of firearms, deadly force refers to the discharge of a firearm at a person or vehicle with the intent to stop or disable them.
The legal use of deadly force by police officers is typically limited to situations where there is an imminent danger of death or serious physical injury to the officer or another person. In the United States, the Fourth Amendment prohibits the use of deadly force against a non-violent, unarmed felon who is fleeing. However, in Tennessee v. Garner (1985), the Supreme Court held that deadly force may be justified to effect an arrest or prevent the escape of a dangerous fleeing felon who is suspected of committing a violent crime. This ruling established that deadly force may be used when necessary to prevent the escape of a fleeing felon, provided that the officer has probable cause to believe that the suspect poses a significant threat of death or serious bodily harm to the officer or others.
Officers are trained in alternative methods and tactics for handling resisting subjects, and they have a duty to intervene and stop any excessive use of force by their colleagues. The use of deadly force is carefully scrutinized, and officers must be able to justify their actions based on the totality of the circumstances, including the reasonableness of their beliefs and actions from the perspective of a reasonable law enforcement officer.
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Preventing escape
The use of deadly force by police officers is a highly sensitive issue and is subject to strict legal scrutiny. In the context of preventing the escape of a fleeing suspect, the following principles generally apply:
Firstly, the use of deadly force to prevent escape is only justified when the suspect poses an imminent threat of serious bodily harm or death to officers or the public. This principle was affirmed in the Tennessee v. Garner ruling in 1985, where the U.S. Supreme Court held that deadly force may not be used solely to prevent the escape of a non-violent, unarmed felon. The Court clarified that there must be probable cause to believe the suspect poses a significant threat of harm to others, and the force used must be necessary to prevent escape.
Secondly, the perception and belief of the officer play a critical role. The officer must have a reasonable belief that the suspect poses an imminent danger, and this belief must be judged from the perspective of a reasonable officer at the scene, taking into account the totality of the circumstances. The Supreme Court's "objective reasonableness" standard, introduced in Graham v. Connor in 1989, emphasizes that the use of deadly force must be objectively reasonable given the information available to the officer at the time.
Thirdly, the use of deadly force should be a last resort when all other lesser means have failed or cannot reasonably be employed. This principle is reflected in the “use of force continuum” model adopted by many law enforcement agencies, which aims to control situations with the minimum force necessary. Officers are trained in de-escalation techniques and alternative methods to handle resisting subjects without resorting to deadly force.
Fourthly, the use of deadly force to prevent escape must be proportional to the threat posed by the suspect. This proportionality consideration includes assessing the suspect's actions, possession of weapons, and the potential harm to officers or civilians. The Supreme Court has also considered the dangerousness of the suspect, including whether they are suspected of a violent crime or are actively threatening or using force against others.
Lastly, the use of deadly force is subject to strict departmental policies and legal updates, which officers must be trained in annually. These policies outline the specific circumstances under which deadly force may be used to prevent escape, such as when the suspect has committed or is suspected of a felony involving the infliction or threatened infliction of serious physical injury. Officers have an affirmative duty to intervene if they witness excessive force by their colleagues and to provide medical aid when necessary.
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Protecting civilians
In the United States, the Fourth Amendment prohibits the use of deadly force against non-violent, unarmed felons who are fleeing. However, in Tennessee v. Garner (1985), the Supreme Court ruled that deadly force may be justified if the suspect is threatening the officer or there is probable cause to believe the suspect committed a violent crime. This ruling was further clarified in Graham v. Connor (1989), where the Court introduced the “objective reasonableness” standard, judging the use of force from the perspective of a reasonable officer at the scene.
To protect civilians, officers must receive regular training on the use of force policies and legal updates. They are required to intervene and stop any fellow officer from using excessive or unconstitutional force. Additionally, officers must be trained in alternative methods and tactics for handling resisting subjects, such as de-escalation techniques, to minimize the need for deadly force.
In situations where a civilian's life is threatened by another person, their use of deadly force may be justified if they reasonably believe that they or another person are in imminent danger of death or serious injury. This justification can vary by state and may include specific crimes against children or the prevention of sexual assaults.
Overall, the legal use of deadly police force is carefully regulated to ensure the protection of civilians. Officers are expected to exercise discretion and judgment, using deadly force only as a last resort when faced with an imminent threat of serious bodily harm or death.
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Officer's perception
An officer's perception is critical when determining whether the use of deadly force is legally justified. The officer must have a reasonable belief that the suspect poses an imminent danger of death or serious physical injury to themselves or others. This perception must be judged from the perspective of a reasonable officer at the scene, taking into account the totality of the circumstances.
Officers are trained to recognize and act upon the affirmative duty to intervene to prevent excessive force and to use alternative methods and tactics when deadly force is not authorized. They are also trained to provide medical aid when necessary. The use of force continuum, adopted by most law enforcement agencies, guides officers to use the minimum force necessary to control subjects and situations.
In certain situations, such as high-speed car chases, an officer's attempt to terminate the chase may be deemed lawful even if it places the fleeing motorist at risk of serious bodily injury or death, as seen in the Scott v. Harris case. However, officers must also consider whether their conduct prior to the use of deadly force unreasonably escalated the situation.
When facing a fleeing felon, the officer's perception of the suspect's level of danger plays a crucial role. The Tennessee v. Garner ruling narrowed the common law, stating that deadly force may not be used solely to prevent the escape of a non-violent, unarmed felon. However, if the suspect is threatening the officer or there is probable cause to believe they committed a violent crime, deadly force may be justified.
In Connecticut, the use of deadly physical force is justified when an officer reasonably believes it is necessary for self-defence or to defend a third person from the imminent use of deadly physical force. Additionally, it can be used to prevent the escape of a dangerous fleeing felon who the officer reasonably believes committed or attempted to commit a felony involving the infliction or threatened infliction of serious physical injury.
Overall, an officer's perception of the level of threat posed by a suspect and the reasonableness of their belief in the necessity of using deadly force are crucial factors in determining the legal justification for their actions.
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Use of vehicles
The use of vehicles can be considered a form of deadly force, which is defined as any force that is likely or intended to cause serious bodily injury or death. In most jurisdictions, the use of deadly force is only justified in conditions of extreme necessity as a last resort when all other means have failed or cannot be reasonably employed.
In the context of vehicles, there have been legal cases that have addressed the legality of using vehicles as a form of deadly force by law enforcement. In Scott v. Harris, the U.S. Supreme Court ruled that a police officer's attempt to end a dangerous high-speed car chase that endangered innocent bystanders did not violate the Fourth Amendment, even though it put the fleeing motorist at risk of serious injury or death. The court recognized that while intentional collisions between vehicles may be characterized as unlawful deadly force, the officer's action in this case was justified to protect the public.
However, in Donovan v. City of Milwaukee, the Seventh Circuit Court of Appeals held that collisions between automobiles and motorcycles often result in the death of the motorcyclist, and therefore, intentional collisions in such cases are more likely to be considered unlawful deadly force.
When it comes to the use of firearms against moving vehicles, the Department of Justice has specific policies in place. Firearms may not be discharged at a moving vehicle unless certain conditions are met. These conditions include situations where a person in the vehicle is threatening with deadly force by means other than the vehicle, or when the vehicle is operated in a manner that threatens death or serious injury, and no other reasonable means of defense exist, such as moving out of the path of the vehicle.
Officers are also generally trained to use alternative methods and tactics for handling resisting subjects, and to prioritize de-escalation techniques and the preservation of human life. They are required to receive regular training on the use of force policies and legal updates, as well as techniques for de-escalation and the appropriate exercise of discretion in using deadly force.
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Frequently asked questions
Deadly force, also known as lethal force, is the use of force that is likely to cause serious bodily injury or death to another person.
Police officers can legally use deadly force under two circumstances: first, when they have probable cause to believe a suspect poses an imminent threat of serious bodily harm; and second, when a dangerous suspect of a crime involving the infliction of serious physical injury is attempting to flee.
Deadly force should not be used against persons whose actions pose a threat solely to themselves or property. It should only be used when all other lesser means have failed or cannot be reasonably employed. Additionally, firearms may not be discharged solely to disable moving vehicles.
Officers have a duty to intervene and stop any fellow officer from engaging in excessive force or any other use of force that violates the Constitution, federal laws, or department policies. Investigations are required when a person causes another person's death, and these investigations will vary by state.
Some notable court cases include Tennessee v. Garner (1985), where the Supreme Court held that deadly force may not be used against a non-violent, unarmed felon who is fleeing, and Scott v. Harris (2007), where the Supreme Court ruled that terminating a high-speed car chase that endangered innocent bystanders did not violate the Fourth Amendment, even if it placed the fleeing motorist at risk of serious injury or death.
