U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Influence of the Garner Decision on Police Use of Deadly Force

NCJ Number
153594
Journal
Journal of Criminal Law and Criminology Volume: 85 Issue: 1 Dated: (Summer 1994) Pages: 241-260
Author(s)
A N Tennenbaum
Date Published
1994
Length
20 pages
Annotation
In March 1985, the U.S. Supreme Court ruled in Tennessee v. Garner that laws authorizing police use of deadly force to apprehend fleeing, unarmed, nonviolent felony suspects violate the Fourth Amendment's prohibition against illegal search and seizure.
Abstract
This article investigates the impact of that ruling on the number of homicides committed by police officers nationwide. The results show that Garner had a clear effect on justifiable police homicides, reducing the total of police homicides by approximately 60 homicides per year (over 16 percent). Garner had an influence in States with both constitutional and unconstitutional laws, however its impact was greater on the latter. Finally, the analysis indicates that Garner reduced all police shootings, even those not related to defending life, through the adoption of restrictive police department policies regarding use of deadly force. 3 tables, 5 graphs, and 61 notes

Downloads

No download available

Availability