NCJ Number
96873
Date Published
Unknown
Length
65 pages
Annotation
Police officers should not rely on State statutes to provide complete operational guidelines for the use of deadly force; interpretive and elaborative departmental policies must also be developed.
Abstract
At least three different legal formulations exist in the United States regarding when a police officer may use deadly force. These are the common law, the modified common law rule known as the forcible felony rule, and the Model Penal Code formulation. Each has advantages and disadvantages. Courts have upheld the constitutionality of all of the existing laws. The laws permit police to use deadly force within certain limits, but do not give detailed structure or use specific legal terms. Police officers must interpret what is reasonable use of deadly force in any given situation. Law enforcement agencies must develop guidelines, general orders, and departmental policies pertaining to when to use deadly force. Further, officers must be trained to make deadly-force decisions that conform to departmental policy. The law is not clear regarding the administrator's authority in this area, but the police chief has the responsibility to make policy regarding the use of force by police officers. Discussions of specific cases and responses to audience questions and comments are also included in this transcript.