NCJ Number
48658
Journal
Journal of Social Issues Volume: 31 Issue: 1 Dated: (1975) Pages: 163-184
Date Published
1975
Length
22 pages
Annotation
THE SCOPE OF THE POLICE HOMICIDE PROBLEM IN THE U.S. IS OUTLINED AND THE SYSTEMATIC INSTITUTIONAL AFFIRMATION OF POLICE USE OF DEADLY FORCE IS CRITICIZED.
Abstract
A SELECTION OF 1,500 POLICE KILLINGS OCCURRING IN THE U.S. PRIOR TO 1970 WERE STUDIED; OF THIS NUMBER, ONLY 3 WERE FOUND TO HAVE RESULTED IN CRIMINAL PUNISHMENT FOR THE OFFENDING OFFICERS. IN A SIZEABLE PERCENTAGE OF CASES THE KILLINGS SEEM QUESTIONABLE AND JUSTIFIABLE. USING THE THREAT OF DEATH OR SEVERE INJURY TO A PERSON AS CRITERIA FOR JUSTIFICATION, INFORMATION ON THE 1,500 INCIDENTS FROM 1960 THROUGH 1970 SUGGESTS THAT TWO-FIFTHS WERE JUSTIFIABLE, ONE-FIFTH QUESTIONABLE, AND TWO-FIFTHS UNJUSTIFIABLE, ONE-FIFTH QUESTIONABLE, AND TWO-FIFTHS CLEARLY ACADEMIC BECAUSE LESS THAN 1 PERCENT OF ALL POLICE HOMICIDES ARE LEGALLY JUDGED TO BE UNJUSTIFIABLE. THE LEGAL LIMITATIONS ON POLICE USE OF FORCE VARY FROM STATE TO STATE, BUT THE GENERAL THRUST IS THAT AN OFFICER IS JUSTIFIED TO DEADLY FORCE ONLY WHEN IT IS NECESSARY TO SAVE HIMSELF OR ANOTHER PERSON FROM DEATH OR GRAVE BODILY HARM. ANOTHER GENERAL RULE IS THAT AN OFFICER MAY NOT USE DEADLY FORCE TO EFFECT THE ARREST OF A SUSPECTED MISDEMEANANT. HOWEVER, THE AVAILABLE STATISTICS SHOW THAT SUCH GUIDELINES ARE SYSTEMATICALLY BEING IGNORED WITH FEW CONSEQUENCES ACCRUING TO THE OFFENDING OFFICERS. ALSO, IN SOME STATES, A SUSPECTED MISDEMEANANT ATTEMPTING TO FLEE ARREST IS AUTOMATICALLY CLASSIFIED A FELON. IN MOST STATES IT IS LAWFUL FOR THE POLICE TO RISK KILLING WHEN NECESSARY TO EFFECT THE ARREST OF A PERSON ACCUSED OF A FELONY. FLEEING FELON RULES ARE OFTEN STRETCHED TO JUSTIFY POLICE KILLINGS FOR SUSPECTED TRAFFIC VIOLATIONS AND OTHER SIMPLE MISDEMEANORS. BECAUSE OF A LACK OF PENALTIES AND THE THE ABSENCE OF AN EFFECTIVE FEDERAL AND JUDICIAL ROLE THERE IS A STARTLING DISPARITY BETWEEN POLICE HOMICIDE STATISTICS AND SUCCESSFUL PROSECUTIONS OF OFFENDING OFFICERS. IN MANY CASES, ABUSE OF THE CORONER'S INQUEST SYSTEM PROVIDES POLICE OFFICIALS, PROSECUTORS, AND JUDGES SUFFICIENT GROUNDS TO UNDERCUT JUSTICE IN FAVOR OF INSTITUTIONAL CONSIDERATIONS. REFERENCES AND TABULAR DATA ARE PROVIDED. (KBL)