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

Regulation of the Police Use of Deadly Force (From Gun Control Issues and Answers, P 76-86, 1984, by David Lester - See NCJ-92314)

NCJ Number
92315
Author(s)
S J Smith
Date Published
1983
Length
11 pages
Annotation
This article discusses the criminal justice system's problem of determining the circumstances that justify the use of deadly force by police officers, other than for their defense and the protection of other persons.
Abstract
The common law position on police use of force is reviewed, as is the 1962 model penal code adopted by the American Law Institute specifying conditions under which use of deadly force by police is permissible. National consistency on the issue is lacking because even though the basic tenet prohibits use of deadly force against a misdemeanant (as opposed to a felon), States differ in their definitions of misdemeanors and felonies. The strictest regulation of the use of deadly force prohibits Federal Bureau of Investigation agents from shooting any person except as necessary in self-defense or the defense of another and under no other circumstances. The discussion speculates that in some future Supreme Court ruling, the use of deadly force by a police officer based solely upon the suspect's having committed a noncapital crime might constitute a denial of due process of law. In conclusion, various empirical studies are mentioned that examined incidents of officers' use of deadly force and noted the disproportionately high numbers of minorities who are the objects of police shootings. A total of 20 references are given.