Death by Cop: Garner Decision, 1985

Posted: July 10, 2016 in -
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Police Use of Deadly Force: State Statutes 30 Years after Garner

Chad Flanders and Joseph C. Welling

“So two trends, working in opposite directions, made the common law rule otiose: the death penalty was becoming rarer, but more crimes (and more nonviolent crimes) were becoming felonies. To these two trends the Court added a third: it was getting easier to use deadly force.[54] Before, deadly force was mainly inflicted by hand to hand combat, that is, after a fight. Nowadays, police can kill with one pull of a trigger. There may be, in such a world, a greater need for caution in using force–and for a rule which would discourage the use of force unless and until it was really necessary.[55]…

 

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