NCJ Number
49196
Journal
POLICE LAW QUARTERLY Volume: 7 Issue: 4 Dated: (JULY 1978) Pages: 5-16
Date Published
1978
Length
12 pages
Annotation
ILLINOIS STATUTORY AND CASE LAW CONCERNING THE JUSTIFIED USE OF FORCE BY POLICE IN A VARIETY OF SITUATIONS IS REVIEWED.
Abstract
UNDER ILLINOIS STATUTE, THE OFFICE IS JUSTIFIED IN USING FORCE TO PREVENT THE COMMISSION OF A CRIME. FORCE MAY BE USED TO DEFEND THE OFFICER OR ANOTHER PERSON. DEADLY FORCE IN DEFENSE OF PERSON IS ONLY JUSTIFIED TO PREVENT IMMINENT DEATH OR GREAT BODILY HARM, OR TO PREVENT ANY FELONY WHICH INVOLVES THE USE OF PHYSICAL FORCE OR VIOLENCE AGAINST ANY INDIVIDUAL (FORCIBLE FELONY). FORCE MAY ALSO BE USED TO THE EXTENT REASONABLY BELIEVED TO BE NECESSARY TO PREVENT AN UNLAWFUL ENTRY OR ATTACK AGAINST A DWELLING OR TO PROTECT PROPERTY LAWFULLY IN POSSESSION OF THE ACTOR, HIS IMMEDIATE FAMILY, OR A MEMBER OF THE HOUSEHOLD. THE DEGREE OF FORCE JUSTIFIABLE WILL DEPEND UPON THE CIRCUMSTANCES OF THE SITUATION. DEADLY FORCE MAY NEVER BE USED TO PROTECT NONDWELLING PROPERTY, UNLESS IT IS BELIEVED NECESSARY TO PREVENT A FORCIBLE FELONY. UNDER COMMON LAW, AN OFFICER MAY USE ANY QUANTUM OF FORCE, UP TO AND INCLUDING DEADLY FORCE, TO APPREHEND SOMEONE REASONABLY BELIEVED TO BE A FELON. UNDER ILLINOIS LAW, HOWEVER, DEADLY FORCE IN MAKING AN ARREST IS PERMITTED ONLY WHEN THE SUBJECT IS ESCAPING AND HAS ATTEMPTED TO COMMIT OR HAS COMMITTED A FORCIBLE FELONY, IS ATTEMPTING TO ESCAPE USING A DEADLY WEAPON, OR WHEN THE OFFICER BELIEVES THE FORCE IS NECESSARY TO OVERCOME RESISTANCE. WHETHER THE SUBJECT IS BEING ARRESTED FOR A MISDEMEANOR OR A FELONY, THE EXTENT OF RESISTANCE TO ARRESTS MAY JUSTIFY THE USE OF GREATER AMOUNTS OF FORCE BY THE OFFICER THAN MIGHT OTHERWISE BE PERMITTED. THE SAME DEGREE OF FORCE MAY BE USED TO PREVENT AN ESCAPE FROM CUSTODY AS WOULD HAVE BEEN USED TO ARREST. IF THE SUBJECT IS IN INSTITUTIONAL CUSTODY, DEADLY FORCE MAY BE USED TO PREVENT ESCAPE. UNDER THE FEDERAL CIVIL RIGHTS ACT, SUBJECTS MAY SEEK REDRESS AGAINST OFFICERS WHOSE USE OF FORCE HAS BEEN EXCESSIVE. TORT LIABILITY IN EXCESSIVE FORCE CASES WILL DEPEND ON STATE LAW. IN STATES WHERE COMMON LAW PREVAILS, THE OFFICER'S REASONABLE BELIEF THAT THE SUBJECT HAS COMMITTED A FELONY AND THAT DEADLY FORCE IS NECESSARY TO EFFECT CUSTODY IS THE BASIS FOR JUDGMENT. IN MODEL PENAL CODE STATES, THE OFFICER MUST DEMONSTRATE A BASIS FOR BELIEVING A SUBJECT USED A DEADLY WEAPON OR COMMITTED A FORCIBLE FELONY TO BE EXEMPT FROM LIABILITY. NOTES ARE INCLUDED. (JAP)