NCJ Number
66948
Journal
Criminal Law Journal Volume: 3 Issue: 2 Dated: (APRIL 1979) Pages: 50-58
Date Published
1979
Length
39 pages
Annotation
NEW AUSTRALIAN RESTRICTIONS ON POLICE USE OF DEADLY FORCE DURING ARREST ARE COMPARED WITH THE LAW GOVERNING CITIZEN ARREST AND INTERCEPTION OF CRIME; SELF-DEFENSE AND OTHER PERTINENT ISSUES ARE INCLUDED.
Abstract
THE NEW AUSTRALIAN DEADLY FORCE RULES, PART OF THE REFORMED ARREST LAW, FORBID THE POLICE TO USE MORE FORCE THAN NECESSARY IN MAKING AN ARREST. FURTHER, POLICE MAY USE FORCE LIKELY TO LEAD TO GRIEVOUS BODILY HARM OR DEATH ONLY TO SAVE THEIR OWN LIVES OR OTHERS OR TO PREVENT SERIOUS INJURY; THEY MAY NOT USE DEADLY FORCE TO APPREHEND SUSPECTS UNLESS NO OTHER MEANS EXISTS. BECAUSE COMMON LAW PERMITS CITIZENS TO USE WHATEVER MEANS NECESSARY TO PREVENT A CRIME OR ASSIST IN ARREST, POLICE SEEM MORE RESTRICTED THAN CITIZENS IN THE USE OF DEADLY FORCE. NEVERTHELESS, NO INCONGRUITY EXISTS WHEN LEGALLY EXCUSABLE AND JUSTIFIABLE ACTS ARE DISTINGUISHED AND CONSIDERED. BECAUSE ORDINARY CITIZENS ARE UNTRAINED IN THE USE OF FORCE, UNUSED TO DANGER, AND MORE LIKELY THAN POLICE TO BE DEFENDING THEMSELVES OR THEIR OWN PROPERTY, THEY SHOULD BE EXCUSED FROM OTHERWISE REPREHENSIBLE USE OF FORCE IN CRIME SITUATIONS. HOWEVER, POLICE ACTIONS SHOULD BE JUSTIFIED. FURTHER, IN MAKING CITIZEN ARRESTS (AS OPPOSED TO DEFENDING THEMSELVES OR OTHERS), CITIZENS SHOULD BE AS TIGHTLY REGULATED AS POLICE IN USING DEADLY FORCE. WHETHER OR NOT USE OF LETHAL FORCE BY POLICE OR CITIZENS IS JUSTIFIED DEPENDS UPON THE PERSON'S JUDGMENT, AND CONSIDERATIONS OF NEGLIGENCE, SELF-DEFENSE, OR EXCESSIVE SELF-DEFENSE, NONE OF WHICH ARE CLEARLY OUTLINED BY THE LAW. JURIES SHOULD BE LEFT TO DECIDE WHETHER THE USE WAS NECESSARY AND PRORPORTIONATE IN THE CIRCUMSTANCES. BUT CITIZEN USE OF FORCE CAN NEVER BE FULLY JUSTIFIED IN UNAUTHORIZED ARREST BECAUSE OF MISTAKES OF LAW OR FACT; MOREOVER, CITIZENS, UNLIKE POLICE, ARE NEVER PERMITTED TO KILL IN MAKING AN ARREST. SOME RECOMMENDATIONS AND FOOTNOTES ARE INCLUDED. (PAP)