NCJ Number
45968
Date Published
1978
Length
15 pages
Annotation
THE PROBLEM OF POLICE USE OF EXCESSIVE OR LETHAL FORCE, PARTICULARLY IN MINORITY GROUP COMMUNITIES, AND ITS REMEDIES ARE EXAMINED. THE WORK OF THE COMMUNITY RELATIONS SERVICE (CRS) IN THIS AREA IS REVIEWED.
Abstract
THE MOST IMMEDIATE PROBLEM AFFECTING PEACEFUL RELATIONS BETWEEN BLACKS AND HISPANICS AND THE CRIMINAL JUSTICE SYSTEM RESTS LARGELY WITH THE INDIVIDUAL POLICE OFFICERS AND THEIR DEALINGS IN THE MINORITY COMMUNITY. EXCESSIVE USE OF FORCE BY POLICE HAS THE GREATEST POTENTIAL FOR GENERATING COMMUNITY RESENTMENT AND CONFLICT. ALTHOUGH HERE IS A PAUCITY OF RESEARCH IN THIS AREA, SEVERAL STUDIES HAVE INDICATED THAT POLICE ARE RESPONSIBLE FOR MORE CIVILIAN KILLINGS THAN ARE CIVILIANS RESPONSIBLE FOR POLICE KILLINGS, AND THAT A DISPROPORTIONATELY LARGE PERCENTAGE OF CIVILIAN INJURIES OR KILLINGS INVOLVE MINORITY GROUP VICTIMS. THE ISSUE OF DEADLY FORCE ARISES IN RURAL, SUBURBAN, AND URBAN AREAS. THE EXISTENCE OF CITIZEN ADVISORY BOARDS OR COUNCILS MAY RESULT IN FEWER CASES OF EXCESSIVE POLICE FORCE, BUT RARELY PROVIDES FOR A MORE SUBSTANTIVE REVIEW. THERE DOES NOT SEEM TO BE A DEFINITE PROGRESSION LEADING UP TO USE OF EXCESSIVE FORCE; SUCH INCIDENTS MAY RESULT FROM A WIDE VARIETY OF CONFRONTATIONS. IN GENERAL, THE POLICE OFFICER'S USE OF FORCE IS LARGELY DISCRETIONARY, AND STATE LAWS VARY. APPROACHES INCLUDE THE COMMON LAW APPROACH WHICH SANCTIONS USE OF DEADLY FORCE TO ARREST A FELONY SUSPECT, FOUND IN 24 STATES; THE FORCIBLE FELONY RULE, WHICH SPECIFIES THE KINDS OF OFFENSES IN WHICH THE USE OF DEADLY FORCE IS JUSTIFIED, ADOPTED BY 7 STATES; AND THE MODEL PENAL CODE APPROACH WHICH ATTEMPTS TO BALANCE THE INTEREST OF THE SOCIETY AND THE SUSPECT, THE SAFETY OF THE OFFICER, AND THE VALUE OF HUMAN LIFE, ADOPTED BY 7 STATES. THE REMAINING 12 STATES HAVE NO JUSTIFICATION STATUTES LIMITING POLICE USE OF DEADLY FORCE. IN ADDITION, THERE IS A LACK OF CONSISTENCY IN THE CLASSIFICATION OF CRIMES BY THE VARIOUS STATES; IN SOME STATES, FLEEING THE POLICE CONSTITUTES A FELONY REGARDLESS OF THE SUSPECTED OFFENSE. A SPECIAL CRS TASK FORCE ON IMPROVING POLICE-COMMUNITY INCIDENTS AND MINORITY KILLINGS BY POLICE, AS WELL AS REVIEWING POLICE FIREARM POLICIES AND THEIR RELATIONSHIP TO POLICE KILLINGS. IT IS HOPED THAT, THROUGH WORK WITH THE POLICE OFFICIALS AND COMMUNITY AGENCIES REPRESENTING MINORITY INTERESTS, MORE EFFECTIVE POLICE POLICIES ON THE USE OF FORCE IN MINORITY CASES CAN BE EVOLVED. (JAP)