Malcolm Rivera
The use of deadly force by law enforcement officers is a highly sensitive topic that is subject to strict regulations. Deadly force, also known as lethal force, is defined as force that is likely to cause serious bodily injury or death. In the United States, law enforcement officers are permitted to use deadly force when they reasonably believe that they or another person are in imminent danger of serious harm or death. However, the use of deadly force is only justified as a last resort when all other alternatives have been exhausted. This raises important questions about when and how deadly force should be employed, especially in situations where the threat may not be immediately clear, such as with moving vehicles or when facing a fleeing suspect. The justifiable use of deadly force by civilians, often referred to as self-defence, is also a critical aspect of this discussion, with legal interpretations varying across different states and jurisdictions.
| Characteristics | Values |
|---|---|
| Definition of deadly force | The use of force that is likely to cause serious bodily injury or death to another person |
| Justification for use by civilians | When they reasonably believe that they or another person are in imminent danger of death or serious injury |
| Justification for use by law enforcement | When the officer reasonably believes that they or another person are in imminent danger of death or serious injury, or to prevent the escape of a fleeing felon |
| Justification for use by correctional officers | When the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or another person |
| Firearms use | Firearms may not be discharged at a moving vehicle unless the occupant is threatening the officer or another person with deadly force, or the vehicle is operated in a manner that threatens death or serious injury |
| Warning required | Verbal warning to submit to the authority of the officer shall be given prior to the use of deadly force, if feasible |
| Training | Officers will be trained in, and must recognize and act upon, the duty to intervene to prevent or stop any officer from engaging in excessive force or any other use of force that violates the Constitution, federal laws, or Department policies |
| Investigation | An investigation may be performed by a local or state police agency and also a civilian agency, such as a county prosecutor or State Attorney General |
| Self-defence | A person is justified in using or threatening to use deadly force if they reasonably believe that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to themselves or another |
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What You'll Learn
Self-defence
In the United States, citizens can legally act in self-defence, even if it results in the attacker being harmed or killed. However, the use of deadly force in self-defence is only justified under conditions of extreme necessity as a last resort. A person is justified in using or threatening to use deadly force if they reasonably believe that they or another person are in imminent danger of death or serious injury. The danger must appear so real that a reasonably cautious person under the same circumstances would believe that the danger could only be avoided through the use of such force.
The use of deadly force in self-defence is also allowed to prevent the imminent commission of a forcible felony. For example, if someone is attempting to rob your home and you try to stop them, and they pull out a knife in a threatening manner, you would be justified in using deadly force to prevent the commission of the robbery/aggravated assault.
It is important to note that self-defence cases are not always straightforward to argue in court. A defendant who started a fight or did anything to antagonise the assailant could lose their self-defence claim. The court will also consider the Castle Doctrine and the Duty to Retreat, which are similar doctrines.
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Preventing serious offences
The use of deadly force is a serious matter and is generally a last resort when all other means have failed or cannot be reasonably employed. Deadly force is defined as force that is likely to cause serious bodily injury or death. In the context of law enforcement, officers may use deadly force when they reasonably believe that the subject poses an imminent danger of death or serious harm to themselves or others.
- Community Engagement and Education: Law enforcement agencies should focus on building strong relationships with the communities they serve. By fostering trust and collaboration, police officers can gain valuable insights into potential issues and work together with community members to address them before they escalate. Education programs can also be implemented to raise awareness about the dangers of certain behaviours and activities that could lead to serious offences.
- Early Intervention and Social Services: Identifying and intervening in situations that have the potential to escalate into serious offences is crucial. This includes providing social services, mental health support, and conflict resolution resources to individuals and families in need. By addressing underlying issues and providing alternative paths, the likelihood of offences occurring can be reduced.
- Targeted Crime Prevention: Law enforcement can utilise data and analytics to identify areas or trends that are prone to serious offences. By allocating more resources and implementing targeted strategies in these areas, such as increased patrols or collaborative efforts with community groups, the presence of law enforcement can act as a deterrent.
- Training and De-escalation Techniques: Regular and comprehensive training for law enforcement officers is essential. This includes instruction on de-escalation techniques, cultural competency, and mental health crisis intervention. By equipping officers with the skills to effectively handle tense situations, the need for deadly force can be minimised.
- Collaboration with Mental Health Professionals: Developing partnerships with mental health professionals can provide law enforcement with additional tools to respond to individuals experiencing mental health crises. Co-responding or having mental health professionals accompany officers can help ensure that individuals in crisis receive the appropriate care and support, reducing the potential for serious offences.
- Strict Adherence to Use-of-Force Policies: Law enforcement agencies should have clear and stringent policies regarding the use of force, including deadly force. These policies should emphasise the protection of life and the use of force only when absolutely necessary. Regular training and accountability measures should be in place to ensure that officers understand and adhere to these policies, with consequences for violations.
By implementing these strategies and prioritising the prevention of serious offences, law enforcement agencies can reduce the potential for situations that may require the use of deadly force, thereby enhancing the safety of both officers and the communities they serve.
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Preventing escape
In the United States, the use of deadly force by law enforcement officers is lawful when the officer reasonably believes that the suspect poses a significant threat of serious bodily injury or death to themselves or others. This is also the case when the use of deadly force is deemed necessary to prevent the escape of a fleeing felon, and the officer believes that the escapee would pose a significant threat of serious bodily injury or death to the public.
The Tennessee v. Garner ruling in 1985 narrowed the conditions under which deadly force could be used. It stated that "deadly force... may not be used unless necessary to prevent the escape, and 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."
In the US, officers may only use deadly force when it is deemed necessary, and when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to themselves or another person. Deadly force may not be used solely to prevent the escape of a fleeing suspect.
In the case of civilians, the use of deadly force is generally justified if they reasonably believe that they or another person are in imminent danger of death or serious injury. Justification and affirmative defences vary by state and may include certain property crimes, specific crimes against children, or the prevention of sexual assaults.
In the UK, the Criminal Justice and Immigration Act of 2008 allows householders to use reasonable force against intruders, which can, in certain circumstances, include lethal force.
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Use of firearms
The use of firearms constitutes deadly force and is subject to strict regulations. Deadly force, also known as lethal force, is the use of force that is likely to cause serious bodily injury or death. In most jurisdictions, the use of deadly force is only justified under conditions of extreme necessity as a last resort when all other means have failed or cannot be reasonably employed.
Firearms are considered deadly weapons, and their use by law enforcement officials is highly regulated. The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, outlined by the OHCHR, provide guidelines for the use of firearms. Law enforcement officials should only use firearms in self-defence or the defence of others against an imminent threat of death or serious injury. Firearms may also be used to prevent the perpetration of a particularly serious crime involving a grave threat to life, to arrest a person presenting such a danger and resisting authority, or to prevent their escape.
The use of firearms is only permissible when less extreme means are insufficient to achieve these objectives. In the United States, the use of deadly force by law enforcement officers is lawful when the officer reasonably believes the subject poses a significant threat of serious bodily injury or death to themselves or others. This includes situations where the use of force is necessary to prevent the escape of a fleeing suspect when the officer believes the escape would pose a significant threat.
However, there are important restrictions on the use of firearms. For example, firearms may not be discharged solely to disable moving vehicles, and warning shots are generally not permitted outside of specific contexts like prison settings. Officers are trained in de-escalation tactics and techniques to gain voluntary compliance from subjects before using force, and they have a duty to intervene to prevent excessive force.
The use of firearms by civilians in self-defence or defence of others may also be justified in certain situations, depending on the specific laws of the jurisdiction. Civilians may use deadly force when they reasonably believe they or another person are in imminent danger of death or serious injury.
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Use of vehicles
The use of vehicles can constitute deadly force, which is defined as "the use of force that is likely to cause serious bodily injury or death to another person". The use of vehicles as deadly force typically refers to intentional collisions with other vehicles or pedestrians.
In the United States, the use of deadly force by law enforcement officers is considered lawful when the officer reasonably believes that the suspect poses a significant threat of serious bodily injury or death to themselves or others. This includes situations where the use of a vehicle is the force in question. For example, in the Adams v. St. Lucie County Sheriff's Department case, an officer rammed the suspect's vehicle, resulting in a fatality. The Eleventh Circuit Court of Appeals ruled that unlawful deadly force should not be presumed in such incidents, as fatalities from intentional collisions are infrequent. However, this precedent was later questioned in the Harris v. Coweta County case, which was ultimately reversed by the U.S. Supreme Court in Scott v. Harris.
The use of firearms against moving vehicles is generally prohibited unless specific criteria are met. Firearms may be discharged at a moving vehicle if a person in the vehicle threatens an officer or another person with deadly force by means other than the vehicle itself, or if the vehicle is operated in a manner that threatens death or serious injury, and there are no other reasonable means of defense.
In terms of civilians, the use of deadly force is generally justified if they reasonably believe that they or another person are in imminent danger of death or serious injury. This includes the use of vehicles as deadly force. For example, if a civilian intentionally collides with another vehicle or a pedestrian out of reasonable fear for their safety, it may be considered justifiable use of deadly force.
It is important to note that the specific laws and interpretations of deadly force may vary by state and jurisdiction, and each case is evaluated based on its unique circumstances.
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Frequently asked questions
Deadly force is the use of force that is likely to cause serious bodily injury or death to another person. Firearms, bladed weapons, explosives, and vehicles are among those weapons the use of which is considered deadly force.
Law enforcement officers may use deadly force when necessary, i.e., when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to themselves or others.
A civilian's use of deadly force is generally justified if they reasonably believe that they or another person are in imminent danger of death or serious injury. Justification and affirmative defenses vary by state and may include certain property crimes, specific crimes against children, or the prevention of sexual assaults.
Warning shots are generally not considered to be the use of deadly force, though they are not permitted outside of the prison context.
Deadly force may be used to prevent the escape of a fleeing suspect if the officer believes escape would pose a significant threat of serious bodily injury or death to members of the public.
