Police Use of Deadly Force

PSCI 2481
Within a 10 month period, four NYC police
officers were killed in the line of duty.

In the tense aftermath, a city policeman shot and

killed a fleeing suspect. A New York Times
editorial expressed outrage:

“If a policeman needs to defend his life, the

use of force is permissible, but if he is
chasing a suspect, he has no right to shoot
the man.”
 Questions
• How much shooting -- not only by but of
the police -- is there now?
• Is the picture significantly different from
city to city?
• What rules govern officer discretion to
shoot?
• How controllable are police shootings?
 CRIME FILE
The Panel:
• Officer Dick Hickman (Dallas Police
Officers Association)
• Chief Neil Behan (Baltimore County)
• Prof. James Fyfe (Professor of
Criminology at American University,
former NYC police officer, and the drunk
driver in “Search & Seizure”)
What do we learn from Crime File?
• Changes in the law/department policies matter.
– Restrictive policies reduce shootings
– Restrictive policies do not make officers less safe
• The context matters
– Minorities and police officers are shot more in high
crime areas
– Minorities and police are hurt more when they are
increasingly likely to be exposed to violence
 Tennessee v. Garner
The Details:

• A Tennessee statute provides that if, after a police officer

has given notice of an intent to arrest a criminal suspect,
the suspect flees or forcibly resists, "the officer may use
all the necessary means to effect the arrest."

• Acting under the authority of this statute, a Memphis

police officer shot and killed Garner's son as, after being
told to halt, the son fled over a fence at night in the
backyard of a house he was suspected of burglarizing.

• The officer used deadly force despite being "reasonably

sure" the suspect was unarmed and thinking that he was
17 or 18 years old and of slight build.
 Tennessee v. Garner
The Decision

• In March 1985, the US Supreme Court decides that more

than half of all state laws governing the police use of
deadly force are unconstitutionally permissive.

• A NEW minimum standard is established – police may not

shoot at an unarmed fleeing felon:

“The Tennessee statute is unconstitutional insofar as it

authorizes the use of deadly force against…an apparently
unarmed, nondangerous fleeing suspect; such force may not
be used unless necessary to prevent the escape and the
officer has probable cause to believe that the suspect poses a
significant threat of death or serious physical injury to the
officer or others.”
 Katz v. USA
(Less Than Deadly Force)
• This case arises out of Katz's arrest for his
conduct during a speech given by Vice President
Gore at the Presidio Army base in San
Francisco in 1994. Katz, an animal rights
activist, seeks damages from the police for
violating his Fourth Amendment rights by using
excessive force.
• 9th Circuit ruling: Police do not automatically get
immunity from prosecution simply because they
are government employees if they behave
unreasonably.
 Denver –
The Paul Childs Shooting
 Precursors to the Shooting
Jan. 30, 2002: Denver Police Officer James Turney and
Sgt. Bob Silvas shoot and kill Gregory L. Smith, 18, as
he came up the stairs of his home armed with a knife.

Oct. 25, 2002: Denver District Attorney Bill Ritter

announces that no charges will be filed against the
officers in the Smith shooting because of a lack of
evidence.

July 4, 2003: Turney allegedly phoned his former mother-

in-law In Iowa and threatened to kill her. Later, Iowa
prosecutors agree to drop the misdemeanor harassment
charge against Turney in exchange for his promise not to
have any contact with her for five years.
 July 5, 2003
Paul Childs James Turney
What happened? Who did what,
when, where, and to whom?

• Paul Childs?
• Ashley Childs?
• Helen Childs?
• 911 Operator?
• Officer Turney?
• Other DPD Officers?
Who was most responsible for Paul
Childs death?
• Officer James Turney? (the actual shooter)
• The 911 Operator? (who communicated
information to the responding officers)
• The Denver Police Department? (for its training
and oversight)
• Paul Childs family (for calling the police)
• Paul Childs (for failing to obey police
instructions)
• The Community/Society? (Does it really take a
village to raise a child?)
 Options
• No Penalty (Returned to • Fined
Duty - RTD) • Fired
• Verbal Reprimand • Charged with Minor
• Written Reprimand Crime
• Removed from Patrol • Charged with Major
(RFP) Crime
• “Short” Suspension & • Fired & Charged with
RTD Crime
• “Short” Suspension & • Subjected to Civil Lawsuit
RFP • Prevented from working
• “Long” Suspension & for another law
RTD enforcement agency
• “Long” Suspension &
RFP
 The Continuing Saga
July 8: Turney is suspended with pay while internal affairs
investigates.

July 10: A community march to demand justice for Childs draws about
600 people.

Oct. 16: Ritter concludes that Turney perceived the boy, armed with a
knife with an 8-inch blade, as an imminent threat. Consequently,
Ritter said Turney could not be charged with a crime.

Oct. 20: A group of protesters gathered outside Denver Police

headquarters to demand that Turney be fired. Four people are
ticketed after they sat in front of the headquarters' doors and
refused to leave.

Dec. 16: Mayor John Hickenlooper orders a comprehensive package

of police reforms, including additional training for police, more
alternative weapons and increased citizen oversight.
 The Continuing Saga
Jan. 6, 2004: Childs' family files notice of its intent to seek at least $5
million from the city in a federal lawsuit alleging civil rights violations.

Feb. 17: Attorney Johnnie Cochran and members of Childs' family met
with Hickenlooper and urge him to seek the removal of Turney.

Mar. 1: A police disciplinary review board recommends that officer Jim

Turney receive a written reprimand for his role in the shooting death
of Paul Childs. The board, made up of four officers and two civilians,
reduced a recommendation by an all-officer panel to suspend
Turney for 30 days.

April 1: Denver Police Chief Gerry Whitman recommends a 20-day

suspension without pay for Turney.

April 2: The Greater Denver Ministerial Alliance calls on Hickenlooper

to push for a minimum one-year suspension of Turney.
 The Continuing Saga
• Al LoCabe, Denver Manager of Public
Safety, suspends Turney for 10 months.
• Turney appeals and wins. Suspension
reduced to 5 days – for threat against his
mother-in-law.
 The Continuing Saga

Final Results
• Childs family settle their civil lawsuit with City of
Denver for $1.35 million
• DPD mandates training changes.
• Turney gets 5 day suspension and desk
assignment.
• September 2005. Turney gets a transfer from
the DPD technology division to the property
bureau, a promotion and raise.
 How do we prevent another Paul
Childs from dying?
• Police training?
• Restrictions on the use of deadly force?
• Technology?
• New methods of oversight?
• Legal penalties?

or

• We can’t keep these things from happening.

Writing Policy to Govern the Use of
Deadly Force

• Houston PD
• Denver PD
 Houston PD:
Use of Deadly Force
The Houston Police Department’s policy regarding the use of firearms
sets forth the general values which must guide officers’ actions. The
policy is as follows:

The use of firearms is never to be considered routine, is

permissible only in defense of life, and then only when all
other means have been exhausted.

The Department’s policy is based on a belief that its primary duty is to

protect life. Police officers, therefore, are to use firearms only to protect
their lives or the lives of others. Since the use of firearms has the
potential to endanger life, it should occur only when there is no other
alternative. This means that officers are to use their firearms only when
failure to do so would result in death or serious bodily injury to
themselves or others,.

In situations where officers consider using firearms, they must carefully

determine whether it is probable that someone will be killed or injured as
a direct result of the observed actions of the suspect.
 The Details
• Do not shoot unless your life or someone else’s is in
immediate danger.
• Always use the minimum force necessary to accomplish your
mission.
• Do everything possible to de-escalate situations. so that you
do not have to resort to the use of firearms.
• If the suspects’ actions do not pose a threat of imminent death
or serious bodily injury to persons other than themselves, do
not discharge your firearms to achieve an arrest.
• Shoot only to protect life and never to protect property.
• Assess the immediate danger posed by the suspect’s actions
rather than characterize the person as dangerous.
• Get out of the way of vehicles rather than shoot at them.
• Never fire warning shots.
• Do not draw or display your firearm unless you have probable
cause to believe that you will have to discharge it in order to
protect life.
 The Denver PD Policy
• A police officer may resort to the lawful use of
firearms under the following conditions when he
reasonably believes that it is necessary:
– To defend himself or a 3rd party from deadly physical
force
– To effect an arrest or prevent the escape of a person
• Who has committed or attempted to commit a felony
involving a deadly weapon or
• Is attempting to escape by means of a deadly weapon or
• Who otherwise indicates except through motor vehicle
violation that he is likely to endanger human life.
• It is necessary, “when feasible”, to give some warning before
engaging in the use of deadly force. If possible identify
yourself as a police officer, give the command you want
followed and state your intention to shoot.
 The Denver PD Policy
• Officers will not discharge their weapons under
the following conditions:
– At another person unless the circumstances are
such that the officer would be justified under the law
if the shot killed the person.
– As a warning shot
– Firing at or from a moving vehicle
– Firing shots where there is a likelihood of serious
injury to persons other than the individual to be
apprehended.
NYPD: Gunshots Fired 2006
The Police Perspective

The Danger on the Street

Behavior Problems