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NCJ Number: 47840 Find in a Library
Title: USE OF DEADLY FORCE TO ARREST A FLEEING FELON - A CONSTITUTIONAL CHALLENGE, PART 2
Journal: FBI LAW ENFORCEMENT BULLETIN  Volume:46  Issue:10  Dated:(OCTOBER 1977)  Pages:27-31
Author(s): J P BOUTWELL
Corporate Author: Federal Bureau of Investigation
US Dept of Justice
United States of America
Date Published: 1977
Page Count: 5
Sponsoring Agency: Federal Bureau of Investigation
Washington, DC 20535-0001
National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Publisher: https://www.fbi.gov 
Language: English
Country: United States of America
Annotation: THIS ARTICLE EXAMINES ATTEMPTS TO REFORM THE COMMON LAW RULE REGARDING POLICE USE OF DEADLY FORCE THROUGH ADMINISTRATIVE POLICY DECISIONS, STATE CIVIL COURT DECISIONS, AND CONSTITUTIONAL CHALLENGES.
Abstract: THE COMMON LAW RULE REGARDING THE USE OF DEADLY FORCE BY POLICE OFFICERS TO ARREST PERSONS FLEEING FROM THE SCENE OF A CRIME IS GENERALLY CONSIDERED INADEQUATE. PART I OF THIS ARTICLE EXAMINES THE RULE'S INADEQUACIES AND BRIEFLY DESCRIBES THE STATUTORY REFORMS WHICH SOME STATES HAVE ENACTED IN ORDER TO MORE CLEARLY DEFINE SITUATIONS IN WHICH THE USE OF DEADLY FORCE IS APPROPRIATE. PART II DEALS WITH REFORM ATTEMPTS WHICH HAVE HAD THEIR ORIGINS IN THE POLICYMAKING DECISIONS OF LAW ENFORCEMENT ADMINISTRATORS, THE DECISIONS OF STATE COURT JUDGES DEALING WITH CIVIL CASES IN WHICH A POLICE OFFICER IS CHARGED WITH NEGLIGENCE OR INTENTIONAL TORTIOUS CONDUCT, AND FEDERAL CONSTITUTIONAL CHALLENGES. IN THE CONTEXT OF ADMINISTRATIVE POLICYMAKING, IT IS NOTED THAT LAW ENFORCEMENT ADMINISTRATORS OFTEN PROMULGATE DEPARTMENTAL GUIDELINES WHICH ARE MORE RESTRICTIVE THAN THE APPLICABLE STATUTORY STANDARD. PROBLEMS AND INCONSISTENCIES BETWEEN STATES HAVE ARISEN WITH RESPECT TO THE ADMISSIBILITY AND RELEVANCY OF THESE GUIDELINES AND REGULATIONS IN CASES WHERE A POLICE OFFICER IS SOUGHT TO BE CHARGED WITH CRIMINAL OR CIVIL LIABILITY FOR USING DEADLY FORCE IN A SITUATION WHICH IS PERMITTED UNDER THE STATUTORY STANDARD BUT NOT PERMITTED UNDER THE DEPARTMENTAL STANDARD. THE FEDERAL CONSTITUTIONAL CHALLENGE MAY BE MADE EITHER AS A SUIT FOR DECLARATORY OR INJUNCTIVE RELIEF, HOWEVER, SUCH CHALLENGES MOST FREQUENTLY OCCUR AS A CLAIM UNDER 42 U.S.C. SECTION 1983 ALLEGING A VIOLATION OF A CONSTITUTIONAL RIGHT. THE FEDERAL REMEDY IS INDEPENDENT OF AND SUPPLEMENTARY TO ANY STATE REMEDIES WHICH MAY BE AVAILABLE. REFERENCES ARE INCLUDED. FOR PART I AND III SEE NCJ-43280 AND 47841. (MPK)
Index Term(s): Civil liability; Civil rights; Constitutional Rights/Civil Liberties; Federal Code; Federal law violations; Law reform; Lawful use of force; Police legal limitations; State laws; State police
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=47840

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