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NCJ Number: NCJ 141994     Find in a Library
Title: Forces of Change in Police Policy: The Impact of Tennessee v. Garner
Journal: American Journal of Police  Volume:11  Issue:3  Dated:(1992)  Pages:97-112
Author(s): S Walker ; L Fridell
Date Published: 1992
Page Count: 16
Type: Survey
Language: English
Country: United States of America
Annotation: In 1985 the U.S. Supreme Court ruling in Tennessee v. Garner severely restricted the circumstances under which law enforcement officers may use deadly force to arrest a suspect. In assessing the reasonableness of a deadly force seizure per the fourth amendment, the Court ruled that the need for a police intrusion had to be weighed against its risks, and determined that common law any-fleeing-felon statutes were unconstitutional.
Abstract: To determine the impact this ruling has had on departmental policies and procedures, chiefs of police in departments of the 96 largest cities completed a questionnaire. According to their responses, nearly 70 percent of the departments did not have to revise their deadly force policies following Garner. The remaining departments did have to revise their policies, although only a small proportion had the common law rule in effect at the time of the Garner decision. This study found that, in contrast to other policy areas, the Supreme Court actually lagged behind police departments in developing standards to protect individual rights. The Garner decision merely served to bring into compliance those agencies that had yet to meet existing law enforcement norms. The change process effected by Garner can be explained by a number of models: the classic professional model, statutory change, political pressure, court-initiated change, and change in laws regarding civil liability. 2 tables and 26 references
Main Term(s): Police use of deadly force ; Police policies and procedures
Index Term(s): US Supreme Court decisions ; Fleeing felons
   
  To cite this abstract, use the following link:
https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=141994

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