When can police use deadly force?

When Can Police Use Deadly Force?

The use of deadly force by police officers is a controversial topic that has been at the forefront of public discourse in recent years. As a society, we rely on our law enforcement officers to protect us and keep us safe, but we also expect them to do so in a manner that is lawful and respectful of our constitutional rights. But when is it appropriate for police to use deadly force?

The General Rule

The general rule is that police officers may use deadly force only when necessary to protect themselves or others from imminent harm. This principle is rooted in the Supreme Court’s decision in Tennessee v. Garner (1975), which held that a police officer may use deadly force only when there is a "serious and imminent threat to life."

The Imminent Threat Test

The "imminent threat test" is the standard used to determine whether a police officer has the right to use deadly force. To meet this test, the officer must be able to show that the person being shot at poses an immediate and serious threat to their life or the life of others. This test is often referred to as the "serious and imminent threat to life" standard.

Examples of Imminent Threats

• Armed suspect who is attempting to shoot at the officer or others: If an armed suspect is actively attempting to shoot at the officer or others, the officer has the right to use deadly force to protect themselves or others.
• Suspect who is attempting to kill or harm others: If a suspect is attempting to kill or harm others, and the officer believes that they have the means and intent to do so, they may use deadly force to prevent the harm from occurring.
• Suspect who is fleeing from the officer: If a suspect is fleeing from the officer and the officer believes that they may be armed and pose a threat to others, they may use deadly force to stop the suspect and prevent harm from occurring.

Other Factors That Can Affect the Decision to Use Deadly Force

In addition to the imminent threat test, other factors that can affect the decision to use deadly force include:

• The severity of the crime: If the crime being committed is serious and the suspect poses a significant threat to the public, the officer may be more likely to use deadly force.
• The level of training and experience of the officer: An officer with more training and experience may be more likely to use deadly force in a situation where a less experienced officer might not.
• The presence of witnesses: If there are witnesses to the situation, the officer may be more likely to use deadly force to prevent harm from occurring.
• The availability of alternatives: If there are alternative ways to resolve the situation, such as using non-lethal force or de-escalation techniques, the officer may be less likely to use deadly force.

Challenges in Determining When to Use Deadly Force

Determining when to use deadly force is not always a clear-cut decision. Police officers must make quick and often split-second decisions in high-pressure situations, and they may be faced with incomplete or unreliable information. Additionally, there may be cultural, socioeconomic, and racial biases that can influence the decision to use deadly force.

Statistics on Deadly Force Use

According to the Bureau of Justice Statistics (BJS), there were 965 reported instances of police officers using deadly force in 2018, resulting in 507 deaths. African Americans were 23.9% of the population but 31.6% of the victims of police deadly force. Latino/as were 16.6% of the population but 15.6% of the victims of police deadly force.

Table: Fatal Police Shootings by Race (2018)

Conclusion

In conclusion, the use of deadly force by police officers is a complex and controversial topic that requires careful consideration of the circumstances and the potential consequences. While there is no one-size-fits-all answer to the question of when police can use deadly force, the general rule is that they may use deadly force only when necessary to protect themselves or others from imminent harm. Additionally, other factors such as the severity of the crime, the level of training and experience of the officer, and the presence of witnesses can all affect the decision to use deadly force. As we move forward, it is essential that we continue to educate our law enforcement officers about the importance of de-escalation techniques and non-lethal force, and that we work to build trust and understanding between law enforcement and the communities they serve.

Recommendations for Reform

• Implement de-escalation training: Provide law enforcement officers with training on de-escalation techniques and non-lethal force.
• Increase transparency and accountability: Ensure that law enforcement agencies are transparent about the use of deadly force and hold officers accountable for their actions.
• Build trust and understanding: Work to build trust and understanding between law enforcement and the communities they serve.
• Address systemic racism: Address systemic racism and biases that may influence the decision to use deadly force.

Resources

• Tennessee v. Garner (1975) – 428 U.S. 154
• Bureau of Justice Statistics – www.bjs.gov
• National Institute of Justice – www.nij.gov
• American Civil Liberties Union – www.aclu.org
• Families and Police Accountability – www.familiespaa.org