NCJ Number
29746
Journal
Kriminalistik Volume: 29 Issue: 9 Dated: (SEPTEMBER, 1975) Pages: 385-389
Date Published
1975
Length
5 pages
Annotation
DISCUSSION OF THE PROVISIONS OF WEST GERMAN LAW CONCERNED WITH THE USE OF FIREARMS AGAINST PERSONS IN TERMS OF THEIR APPLICABILITY TO POLICE ACTIONS INVOLVING ATTEMPTS TO RELEASE PERSONS HELD AS HOSTAGES.
Abstract
NO FEDERAL OR STATE LAWS EXIST THAT SPECIFICALLY COVER THE KILLING OF AN OFFENDER. HOWEVER, THERE ARE TWO LAWS THAT CAN BE INTERPRETED AS BEING APPLICABLE. ONE, WHICH IS IN FORCE IN BADEN-WUERTTEMBURG, MAKES IT LEGAL FOR A POLICEMAN TO EMPLOY A FIREARM TO RENDER A PERSON 'INCAPABLE OF ATTACKING OR ESCAPING'. THIS COULD BE INTERPRETED AS IMPLYING AUTHORIZATION TO KILL. THE OTHER IS THE PROVISION IN FEDERAL AND STATE LAW WHICH AUTHORIZES THE USE OF A FIREARM IN SELF-DEFENSE OR OTHER EMERGENCY. THE LEGAL IMPLICATIONS OF THESE LAWS IN CONNECTION WITH THE KILLING OF TAKERS OF HOSTAGES BY POLICEMEN ARE DISCUSSED. FOR PART 2 OF THIS DOCUMENT, SEE NCJ-29752. --IN GERMAN