Un-Justifiable Homicide:
The subjectivity for the use of force and how it’s justified
Duhaime’s Criminal Law Dictionary defines deadly force as a force which creates a substantial risk of causing death or serious bodily injury.1 The U.S. Model Penal Code provides the following description of deadly force:
"Deadly force means force that the actor uses with the purpose of causing, or that he knows to create a substantial risk of causing death or serious bodily injury.
"Purposely firing a firearm in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force.
"A threat to cause death or serious bodily injury, by the production of a weapon or otherwise, so long as the actor 's purpose is …show more content…
Definitions tend to have various similarities, but the actual interpretation one may have is what makes this topic subjective. There have been several cases within the last few years that has the public questioning whether or not policemen are using the appropriate amount of force to handle possible suspect that may or may not pose a threat. Law Enforcement Officers can employ varying levels of force necessary to restrain a suspect in order to ensure his or her safety and the safety of others. These levels can be separated into three …show more content…
Unfortunately there are numerous cases pertaining to law enforcements misappropriation of deadly force for me to choose from. Perhaps the most authoritative and widely cited case related to the use of use of deadly force is Tennessee v. Garner, 471 U.S. 1 (USSC) (1985) where the officer shot and killed a fleeing 15 year suspected of stealing $40. The facts were that a police officer shot and killed a 15-year-old male who was fleeing a burglary. The juvenile stole $40 dollars and paid with his life. The decedent’s parent’s later sued the Memphis Police Department for the use of deadly force and violating their son’s constitutional
The subjectivity for the use of force and how it’s justified
Duhaime’s Criminal Law Dictionary defines deadly force as a force which creates a substantial risk of causing death or serious bodily injury.1 The U.S. Model Penal Code provides the following description of deadly force:
"Deadly force means force that the actor uses with the purpose of causing, or that he knows to create a substantial risk of causing death or serious bodily injury.
"Purposely firing a firearm in the direction of another person or at a vehicle in which another person is believed to be constitutes deadly force.
"A threat to cause death or serious bodily injury, by the production of a weapon or otherwise, so long as the actor 's purpose is …show more content…
Definitions tend to have various similarities, but the actual interpretation one may have is what makes this topic subjective. There have been several cases within the last few years that has the public questioning whether or not policemen are using the appropriate amount of force to handle possible suspect that may or may not pose a threat. Law Enforcement Officers can employ varying levels of force necessary to restrain a suspect in order to ensure his or her safety and the safety of others. These levels can be separated into three …show more content…
Unfortunately there are numerous cases pertaining to law enforcements misappropriation of deadly force for me to choose from. Perhaps the most authoritative and widely cited case related to the use of use of deadly force is Tennessee v. Garner, 471 U.S. 1 (USSC) (1985) where the officer shot and killed a fleeing 15 year suspected of stealing $40. The facts were that a police officer shot and killed a 15-year-old male who was fleeing a burglary. The juvenile stole $40 dollars and paid with his life. The decedent’s parent’s later sued the Memphis Police Department for the use of deadly force and violating their son’s constitutional