NCJ Number
66508
Date Published
1979
Length
19 pages
Annotation
PROVIDENCE, RHODE ISLAND'S EXPERIENCE WITH POLICE USE OF DEADLY FORCE IS SURVEYED, THE CITY'S LAWS ON POLICE SHOOTING ARE COMPARED WITH DEVELOPMENTS ELSEWHERE, AND A LEGISLATIVE PROPOSAL IS RECOMMENDED.
Abstract
DEADLY FORCE USE BY PROVIDENCE POLICE IS SURVEYED FROM 1971-79. DURING THAT TIME, SIX PERSONS WERE KILLED AND SEVEN WERE WOUNDED; ALL BUT ONE OF THE VICTIMS WERE MALE. A DISPROPORTIONATE NUMBER (SIX) WERE BLACK AND ONE WAS HISPANIC. NINE SHOOTINGS OCCURRED ON WEEKENDS. ALLEGED OFFENSES RANGED FROM RUNNING A RED LIGHT TO ASSAULT ON A POLICE OFFICER, AND A FEW OF THE SHOOTINGS WERE ACCIDENTAL. NINE SUSPECTS WERE SHOT WHILE FLEEING THE SCENE OF A CRIME. IN MOST CASES, USE OF DEADLY FORCE WAS VIEWED AS AVOIDABLE. RHODE ISLAND PERMITS THE POLICE TO USE DEADLY FORCE TO MAKE LAWFUL ARRESTS FOR COMMITTED OR ATTEMPTED FELONIES WHEN THE OFFICER REASONABLY BELIEVES SUCH FORCE IS NECESSARY, AND WHEN THE PERSON BEING ARRESTED KNOWS THAT A POLICE OFFICER IS TRYING TO ARREST HIM. FURTHER, PROVIDENCE POLICE REGULATIONS ALLOW POLICE TO SHOOT TO PROTECT THEMSELVES OR OTHERS OR IF A SUSPECTED FELON FLEES. A FELONY IS ANY OFFENSE INVOLVING PROPERTY OF AT LEAST $500 OR INCURRING A PRISON SENTENCE OF 1 YEAR OR MORE. IN RECENT YEARS, FEDERAL APPEALS COURTS HAVE REVIEWED SUCH BROAD DEADLY FORCE STATUTES AND REGULATIONS, AND THE EIGHTH CIRCUIT HAS DECLARED THE TYPICAL 'FLEEING FELON' STATUTE UNCONSTITUTIONAL. NEW LEGISLATION TO BE INTRODUCED IN PROVIDENCE WOULD LIMIT POLICE SHOOTING TO SELFDEFENSE, WHEN AN OFFICER REASONABLY BELIEVES THAT HE, OR ANOTHER, IS IN DANGER OF DEATH OR GRIEVOUS BODILY HARM. FURTHER, THE PROVIDENCE HUMAN RELATIONS COMMISSION HAS CONCLUDED THAT THE USE OF FIREARMS WAS MORALLY UNJUSTIFIED IN MOST OF THE CASES REVIEWED SINCE 1970. A CURB ON POLICE SHOOTING SHOULD REVERSE THE TREND OF INCREASING VIOLENCE BETWEEN POLICE AND CITIZENS. CASES OF THE 13 PERSONS ARE PRESENTED; A BIBLIOGRAPHY OF 25 CITATIONS IS INCLUDED.