NCJ Number
2032
Date Published
1971
Length
52 pages
Annotation
AN INVESTIGATION INTO THE USE OF DEADLY FORCE IN THE DETROIT RIOT AND RECOMMENDATIONS REGULATING SUCH USAGE.
Abstract
THE PRESENT STATE OF THE LAW GIVES INDIVIDUAL LAW ENFORCEMENT OFFICERS BROAD DISCRETION IN THE USE OF DEADLY FORCE, BOTH IN AND OUT OF THE RIOT SITUATION. IT DOES THIS BY ACCORDING THE POLICE THE RIGHT TO SHOOT AT ANY FLEEING FELON IF IT IS NECESSARY TO EFFECT HIS ARREST AND BY INCLUDING BROADLY WORDED STATUTES JUSTIFYING ALMOST ANY HOMICIDE INCURRED IN THE SUPPRESSION OF A RIOT. AS A RESULT OF THIS DISCRETION MANY OF THE PEOPLE KILLED IN THE RIOTS HAVE BEEN INNOCENT BYSTANDERS OR GUILTY OF PROPERTY CRIMES ONLY. THESE DEATHS ARE NOT NECESSARY TO QUELL THE RIOTS, AND THEY ONLY INCREASE THE HOSTILITY AND BITTERNESS THAT RESIDENTS OF THE NORTHERN NEGRO GHETTOS FEEL TOWARD THE POLICE AUTHORITIES. IN ORDER TO IMPROVE THIS SITUATION, THE GENERALLY WORDED RIOT STATUTES SHOULD BE REPEALED, AND THE LAW SHOULD LIMIT POLICE USE OF DEADLY FORCE. POLICE SHOULD UNDERSTAND THAT THEIR PROPER FUNCTION IN USING THEIR WEAPONS IS A PROTECTIVE ONE -- NOT PUNITIVE. ADDITIONALLY, THERE EXISTS THE NEED FOR COMPREHENSIVE GUIDELINES AND REGULATIONS GOVERNING THE USE OF FIREARMS AND POLICE CONDUCT AT THE INTERNAL ADMINISTRATIVE LEVEL. THE FOCUS OF THE ARTICLE IS ON THE LOCAL POLICE AND NOT THE NATIONAL GUARDS. REFERENCES MAY BE FOUND IN THE NOTES. (AUTHOR MODIFIED)