NCJ Number
176791
Journal
FBI Law Enforcement Bulletin Volume: 68 Issue: 2 Dated: February 1999 Pages: 27-32
Date Published
1999
Length
6 pages
Annotation
The critical nature of law enforcement decisions regarding the use of deadly force requires the clearest possible guidance with respect to legal standards controlling police officer actions.
Abstract
Constitutional provisions relevant to the use of force by government officials include the fourth amendment, the eighth amendment, and the due process clause. Recent court decisions provide guidance on when these provisions are applicable and on what types of conduct are likely to violate them. In particular, the U.S. Supreme Court has historically held the concept of due process embodies both procedural and substantive rights. The due process standard gives considerable deference to a police officer's judgment in high-stress situations. The application of the due process standard in non-seizure and pretrial detention cases is discussed, and due process cases involving police officer actions are noted. 35 endnotes and 2 photographs