NCJ Number
95906
Date Published
1984
Length
122 pages
Annotation
This analysis of the law and trends in police use of deadly force concludes that police departments' lack of reasonable restrictive deadly force policies not only enhances the chances of needless bloodshed but also can lead to civil rights litigation.
Abstract
Local political leaders and police administrators should adopt the deadly force firearm policy of the U.S. Department of Justice. This policy eliminates the distinction between misdemeanors and felonies and prohibits shooting a fleeing suspect who poses a threat to the life of the police officer or civilians. Police shootings have negative consequences beyond the victim, causing severe stress for officers and possibly triggering riots. Deadly force rules are based on the common law tradition which permits shooting to apprehend any felony suspect, the Model Penal Code which allows shooting where a law enforcement officer concludes that a violent crime has occurred or is about to occur, or the violent felony rule which justifies deadly force to apprehend suspects. There is a national trend to restrict this license to kill. Some limitations have come from State and Federal courts, although few decisions have included constitutional underpinnings, but State legislatures have imposed most restrictions. Furthermore, recent court decisions have significantly increased the potential liability of local governments for the unconstitutional conduct of their employees. To reduce the risks of adverse litigation, police administrators should develop administrative rules governing deadly force policy, provide better training in constitutional conduct and firearms use, establish a monitoring system to identify officers whose conduct suggests they may become involved in needless shootings, and improve community relations. The paper includes 282 footnotes.