NCJ Number
43281
Journal
FBI Law Enforcement Bulletin Volume: 46 Issue: 9 Dated: (SEPTEMBER 1977) Pages: 27-31
Date Published
1977
Length
5 pages
Annotation
THE COMMON LAW DISTINCTION BETWEEN FELONY AND MISDEMEANOR CRIMES FOR THE PURPOSE OF DETERMINING THE SCOPE OF THE PRIVILEGE TO USE DEADLY FORCE IS INADEQUATE FOR MODERN LAW ENFORCEMENT.
Abstract
FROM THE 15TH CENTURY TO THE PRESENT, THE PROPRIETY OF THE USE OF FORCE BY A LAW ENFORCEMENT OFFICER FOR PURPOSES OF APPREHENDING A PERSON FLEEING FROM A CRIME HAS BEEN GOVERNED LARGELY BY THE FELONY-MISDEMEANOR DISTINCTION. UNDER EARLY COMMON LAW FELONIES WERE PUNISHABLE BY DEATH, AND THE USE OF DEADLY FORCE WAS ACCEPTED AS MERELY SPEEDING THE FELON ON HIS WAY. MISDEMEANORS WERE CONSIDERED PETTY OFFENSES FOR WHICH THE USE OF DEADLY FORCE WAS INAPPROPRIATE. THIS DISTINCTION IS NO LONGER AS MEANINGFUL AS IT USED TO BE. TODAY, MANY MORE CRIMES ARE CLASSIFIED AS FELONIES AND THE DISTINCTION IS NO LONGER BASED ON THE DANGEROUSNESS OF THE CRIME BUT RATHER ON THE LENGTH OF TIME REQUIRED TO BE SERVED BY ONE CONVICTED OF THE CRIME. MANY MISDEMEANORS INVOLVE A GREATER DEGREE OF DANGEROUSNESS THAN FELONIES. HOWEVER, WHILE THERE HAS BEEN SOME MOVEMENT AWAY FROM THE 'ANY FELONY' RULE IN RECENT YEARS, IT HAS REMAINED ESSENTIALLY INTACT. THOSE WHO HAVE SOUGHT TO RESTRICT THE USE OF DEADLY FORCE IN ARREST SITUATIONS HAVE DONE SO ON FOUR FRONTS: (1) LEGISLATIVE REFORM, (2) STATE CIVIL COURT ACTION, (3) DEPARTMENTAL POLICY RESTRICTIONS, AND (4) CHALLENGE TO THE RULE'S CONSTITUTIONALITY. THIS ARTICLE, PART I OF A THREE-PART PRESENTATION, EXAMINES THE POLICY ARGUMENTS INVOLVED IN THIS ISSUE AND DESCRIBES THE VARIOUS TYPES OF STATUTORY REFORM UNDERTAKEN BY SOME STATES WITH PARTICULAR EMPHASIS ON STATE ADOPTION OF THE MODEL PENAL CODE RULE. REFERENCES ARE INCLUDED. FOR PARTS II AND III SEE NCJ-47840 AND 47841. (MPK)