NCJ Number
52725
Journal
Criminal Law Bulletin Volume: 14 Issue: 6 Dated: (NOVEMBER-DECEMBER 1978) Pages: 577-583
Date Published
1978
Length
7 pages
Annotation
JUDICIAL, LEGISLATIVE, AND ADMINISTRATIVE RESTRICTIONS ON THE USE OF DEADLY FORCE BY POLICE ARE CONSIDERED.
Abstract
THE RIGHT OF POLICE OFFICERS IN MANY STATES TO KILL ALL FLEEING FELONY SUSPECTS, INCLUDING THOSE WHOSE ONLY FELONY IS FLIGHT ITSELF, REPRESENTS A VIRTUAL LICENSE TO KILL. A CASE STUDY IN SEATTLE, WASH., ILLUSTRATES THAT LICENSE TO KILL CAN BE INVOKED TO JUSTIFY THE USE OF DEADLY FORCE, EVEN IN PERSONAL DISPUTES. THE U.S. SUPREME COURT HAS TWICE REFUSED TO RULE INDISCRIMINATE KILLING OF FLEEING FELONS AS UNCONSTITUTIONAL. OTHER JUDICIAL, LEGISLATIVE, AND ADMINISTRATIVE BODIES HAVE IMPOSED STRICTER LIMITS, HOWEVER, ON THE POLICE USE OF DEADLY FORCE. IN A FEW STATE COURT CASES, THE RESULT HAS BEEN A RESTRICTION ON THE LICENSE TO KILL FLEEING FELONS. STATE COURTS ARE A MORE PROMISING SOURCE OF CHANGE THAN FEDERAL COURTS BECAUSE THEY DO NOT HAVE TO REACH CONSTITUTIONAL ISSUES IN ORDER TO RESTRICT THE LICENSE TO KILL FLEEING FELONS. SEVEN STATES HAVE ADOPTED THE MODEL PENAL CODE LANGUAGE FOR LEGISLATIVE RESTRICTIONS (HAWAII, NORTH CAROLINA, DELAWARE, NEBRASKA, TEXAS, KENTUCKY, AND MAINE). TEN OTHER STATES HAVE STATUTES MORE RESTRICTIVE THAN THE COMMON LAW STANDARD, ALLOWING USE OF DEADLY FORCE ONLY WITH VIOLENT OR FORCIBLE FELONIES (LOUISIANA, ILLINOIS, NEW YORK, GEORGIA, OREGON, PENNSYLVANIA, MONTANA, NORTH DAKOTA, COLORADO, AND UTAH). IN A GROWING NUMBER OF POLICE DEPARTMENTS, COMMUNITY RESPONSE TO SPECIFIC CASES OF HOMICIDE BY POLICE OFFICERS HAS RESULTED IN THE ADOPTION OF MORE RESTRICTIVE ADMINISTRATIVE POLICIES. TWO EXAMPLES ARE THE LOS ANGELES, CALIF., AND THE HOUSTON, TEX., POLICE DEPARTMENTS. CASE LAW IS REVIEWED. (DEP)