NCJ Number
100196
Journal
American Journal of Police Volume: 4 Issue: 2 Dated: (Fall 1985) Pages: 110-132
Date Published
1985
Length
23 pages
Annotation
In response to D. B. Griswold's (1985) proposed defense-of-life law, the authors examine existing legal and administrative controls on police use of deadly force and propose a test of the justifiability of the use of deadly force.
Abstract
It is argued that the major controls on occupational behavior are professional standards and the civil courts. The most sweeping reform of police use of deadly force came from a civil case before the U. S. Supreme Court which ruled current laws permitting use of deadly force in the apprehension of nonviolent fleeing felons unconstitutional. Further, police have instituted their own policies limiting the use of deadly force, and these have been effective in reducing its use. The courts have placed further limits by finding municipalities liable for deprivations involving deadly force. It is argued that no criminal law can adequately cover all the situations in which use of deadly force may or may not be justified. Further, a defense-of-life law, such as proposed by Griswold, would hamper police in the execution of their duties. Because of these and tactical considerations in police work, it is proposed that a test of justifiability of deadly force should be based on a determination of whether the action is consistent with the police responsibility to protect life. Such a test, no less lenient than Griswold's law, is more useful because it can be applied to virtually every police action. 16 footnotes and 14 references.