NCJ Number
60160
Date Published
1978
Length
0 pages
Annotation
THIS FILM DEPICTS SITUATIONS IN WHICH POLICE OFFICERS WRONGLY OR JUSTIFIABLY USED DEADLY FORCE, AND ADVANCES STATEMENTS ON WHEN DEADLY FORCE MAY BE USED, SUBJECT TO THE LEGAL CODES OF VARIOUS STATES.
Abstract
POLICE OFFICERS MAY USE DEADLY FORCE AS A LAST RESORT IN SELF-DEFENSE WHEN THREATENED WITH DEATH OR BODILY INJURY. IN THESE SITUATIONS, AN OFFICER HAS NO MORAL OR LEGAL DUTY TO RETREAT FROM DANGER, SO LONG AS HIS ACTIONS DO NOT IMPERIL THE SAFETY OF BYSTANDERS. DEADLY FORCE IS PERMISSIBLE TO PREVENT AN UNLAWFUL KILLING, MAYHEM, AND THE COMMISSION OF A 'DANGEROUS' AND VIOLENT FELONY. UNDER LIMITED CIRCUMSTANCES, DEADLY FORCE IS ALSO PERMISSIBLE TO APPREHEND A FLEEING FELON. FINALLY, DEADLY FORCE MAY BE USED TO OVERCOME ACTUAL AND FIERCE RESISTANCE TO CERTAIN ARRESTS, TO PREVENT THE ESCAPE OF OR TO RECAPTURE CONVICTED FELONS, AND TO SUPPRESS A RIOT. REASONABLENESS, NOT CERTAINTY, IS THE TEST USED TO JUDGE AN OFFICER'S CONDUCT. A NUMBER OF STATES HAVE CODIFIED THE CIRCUMSTANCES UNDER WHICH OFICERS MAY USE DEADLY FORCE; STRICT COMPLIANCE TO THESE LAWS IS REQUIRED. DISREGARD OF DEPARTMENTAL POLICY SUBJECTS AN OFFICER TO DISCIPLINARY ACTION AND IN SOME STATES, CIVIL LIABILITY. MANY SUITS ARE BROUGHT FOR NEGLIGENCE, BASED UPON THE ACCIDENTAL DISCHARGE OF A WEAPON, THE WOUNDING OF A BYSTANDER, THE IDENTIFICATION OF AN INNOCENT PARTY AS A SUSPECT, OR THE RECKLESS DISCHARGE OF AMMUNITION. CARE MUST BE USED IN DRAWING A WEAPON, IN FIRING WARNING SHOTS, OR WHEN FIRING FROM OR AT MOVING VEHICLES. THE DANGER OF RICOCHETS IS ALWAYS PRESENT. A GUIDE IS INCLUDED. (MHP)