NCJ Number
32041
Journal
POLIZEISPIEGEL Volume: 11 Issue: 12 Dated: (DECEMBER 1975) Pages: 241-242
Date Published
1975
Length
2 pages
Annotation
THE MODEL POLICE LAW PROPOSED BY THE PERMANENT CONFERENCE OF WEST GERMAN STATE INTERIOR MINISTERS SANCTIONS SHOOT-TO-KILL ACTION BY A POLICEMAN 'IF THAT IS THE ONLY MEANS OF AVERTING IMMEDIATE DANGER TO LIFE AND LIMB'.
Abstract
THIS PROPOSAL IS PRIMARILY AN ATTEMPT TO GIVE POLICEMEN WHAT APPEARS TO MANY TO BE AN INDISPENSABLE TOOL IN CASES INVOLVING THE TAKING OF HOSTAGES. IF HE CANNOT SHOOT TO KILL AND HIS ACTION IS GOVERNED BY A LAW THAT ONLY SANCTIONS SOMETHING LIKE SHOOTING TO RENDER THE OFFENDER INCAPABLE OF RESISTANCE, THE POLICEMAN MAY WELL ELECT TO ABSTAIN FROM ANY ATTEMPT AT ALL TO INTERVENE. HE MIGHT QUESTION HIS ABILITY TO AIM ACCURATELY ENOUGH TO PRODUCE THAT RESULT WITHOUT KILLING AND IF DEATH DID RESULT HE WOULD THEN HAVE THE UNPLEASANT PROSPECT OF POSSIBLY RECEIVING A COURT SENTENCE. IN ANY EVENT, IT IS DIFFICULT TO DETERMINE WHETHER AN INDIVIDUAL HOSTAGE, CLOSELY GUARDED BY AN ARMED AND DESPERATE OFFENDER, DOES OR DOES NOT WISH THE POLICE TO INITIATE A FIREFIGHT IN WHICH HE HIMSELF MIGHT GET HIT. CERTAINLY, THE CONTROVERSY OVER THIS QUESTION OF SHOOT-TO-KILL POLICY HAS BEEN CARRIED ON IN AN ATMOSPHERE THAT IS MUCH TOO EMOTIONAL. IT SHOULD BE DISCUSSED AND SETTLED IN CALM, MATTER-OF-FACT NEGOTIATIONS. --IN GERMAN