Deadly Force
When is it legal to use deadly force? Should there be times when one person can lawfully kill another person? In South Africa, killing is justified when defending someone. (Bruce, 2002) In Michigan, deadly force can only be used when all other possibilities have been exhausted (Internet, 2003). In 1974, Tennessee statutes allowed police to use all necessary means to effect an arrest where a suspect fled or forcibly resisted after being notified of the intent to arrest. (Lexis, 1985) So what is deadly force and when can it be used? Are there laws against the use of deadly force in some situations? Deadly force is the highest degree of force considered reasonable only when used to counter an immediate threat of death or great bodily harm (Schmalleger, 2002). Deadly force cannot be used against non-deadly force (Schmalleger, 2002). This means, if there is a lessor degree of injury anticipated, or if a lessor degree of force affords an effective defense, it must be used (Schmalleger, 2002). Once danger has been averted, the use of force must cease (Schmalleger, 2002). If a person overcomes an attacker, leaving him incapable of further attack, this person is unjustified in tying the attac
When do is it ok to kill someone? Well, it is never ok to just turn around and kill another person. With state statutes and the Constitution of the United States, there are still problems with our use of deadly force laws. As seen here, Tennessee statutes allowed police officers to use whatever force they felt necessary to catch a felon. This was found unconstitutional by the United State Supreme Court on March of 1985 (Lexis, 1985). If our state statutes are miss understood we see the laws being interpreted in a way that allows others to determine what is right and what is wrong. Hopefully with Tennessee v. Garner, other states will realize that deadly force can only be used when all other means of reasonable force has been exhausted. Also, it has to be used under the right circumstances. An officer may not just shot someone, unless there is an imminent danger or a threat made against a person’s life. This makes me wonder if deadly force should be used by anyone at all. Who are we to determine when people are dangerous or non-dangerous? When we could be wrong and hurt innocent people, should we be able to use deadly force? The answer is not as easy as it seems.
Some topics in this essay:
Fourth Amendment,
Leslie Wright,
Penal Code,
Hymon Garner,
Force Deadly,
Tennessee Garner,
District Tennessee,
South Africa,
lexis 1985,
deadly force,
Process Clause”,
Court Appeals,
tennessee statute,
schmalleger 2002,
fourth amendment,
probable cause,
1985 hymon,
lexis 1985 hymon,
officer probable cause,
penal code,
cause believe,
probable cause believe,
serious bodily,
model penal code,
lexis 1985 court,
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Approximate Word count = 1704
Approximate Pages = 7 (250 words per page double spaced)
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