NCJ Number
101945
Date Published
1983
Length
13 pages
Annotation
Although American cultural values have evolved toward increased respect for human rights and human life, the English common law policy of using deadly force against a fleeing felon has been protected by many State laws and most courts.
Abstract
Karp's 1979 survey of State statutes pertaining to police use of deadly force found that 19 laws authorize deadly force in effecting a felony arrest, and 15 laws permit the use of deadly force to effect a felony arrest only if the felon poses a serious threat to the officer or citizens. Two laws incorporate the additional factor that failure to apprehend the suspect will lead to future serious injury or death. The author's 1982 survey of these State laws found them virtually unchanged. Constitutional challenges to common law fleeing felon statutes have been widely rejected in the courts. A notable exception was a California appeals court decision that police deadly force is permissible only if the felon uses deadly force or threatens the future use of deadly force. The most restrictive control over the police use of deadly force has been in departmental policy, which has in many cases gone beyond a State law in limiting situations where deadly force is permissible. In urban areas, this is due largely to the political influence of blacks, who typically feel they have been targets of the indiscriminate use of police deadly force. Successful civil suits against officers who have used deadly force against citizens have also tempered departmental policy. Graphic data on homicides by police.