NCJ Number
83456
Journal
American Journal of Forensic Medicine and Pathology Volume: 3 Issue: 2 Dated: (June 1982) Pages: 165-177
Date Published
1982
Length
13 pages
Annotation
Because the decision to use deadly force has irreversible consequences, the development of strict guidelines to govern its use should receive the highest community priority.
Abstract
The legal aspects surrounding the use of deadly force in the United States are significantly changing. Police may use deadly force only to protect themselves or other innocent persons from serious bodily harm or death. Appropriate force may be used to arrest a malefactor or a fugitive from jail or prison. The documented, excessive percentage of deaths to blacks and Hispanics from 'police intervention' is a festering sore in American society. Numerous groups are aroused by the situation and will force some sort of controls nationwide on the use of deadly force by the police. The changing climate surrounding civilian use of deadly force is dramatic and worrisome. At present, retreat carried to the extreme is the prudent legal course for the civilian victim of attack to take. Deadly force may be prudently used only when faced with immediate, fatal attack. Ethical considerations do not, in this instance, mesh with the law as it seems to be diverging from the traditional common law concepts of self-defense and sanctuary in the home. Ethical considerations must be given precedence, especially since the history of the U.S. Supreme Court decisions clearly demonstrate that law and morality are not necessarily related. A total of 24 notes are appended. (Author abstract modified)