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| NCJ Number:
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NCJ 100196
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| Title:
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Response to Griswold - A More Valid Test of the Justifiability of Police Actions
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| Journal:
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American Journal of Police Volume:4 Issue:2 Dated:(Fall 1985) Pages:110-132
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| Author(s):
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J J Fyfe ; M Blumberg
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| Publication Date:
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1985 |
| Pages:
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23 |
| Type:
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Issue overviews |
| Origin:
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United States |
| Language:
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English |
| Annotation:
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In response to D. B. Griswold's (1985) proposed defense-of-life law, the authors examine existing legal and administrative controls on police use of deadly force and propose a test of the justifiability of the use of deadly force. |
| Abstract:
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It is argued that the major controls on occupational behavior are professional standards and the civil courts. The most sweeping reform of police use of deadly force came from a civil case before the U. S. Supreme Court which ruled current laws permitting use of deadly force in the apprehension of nonviolent fleeing felons unconstitutional. Further, police have instituted their own policies limiting the use of deadly force, and these have been effective in reducing its use. The courts have placed further limits by finding municipalities liable for deprivations involving deadly force. It is argued that no criminal law can adequately cover all the situations in which use of deadly force may or may not be justified. Further, a defense-of-life law, such as proposed by Griswold, would hamper police in the execution of their duties. Because of these and tactical considerations in police work, it is proposed that a test of justifiability of deadly force should be based on a determination of whether the action is consistent with the police responsibility to protect life. Such a test, no less lenient than Griswold's law, is more useful because it can be applied to virtually every police action. 16 footnotes and 14 references. |
| Main Term(s):
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Police use of deadly force |
| Index Term(s):
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Police responsibilities ; Police command and control ; Police policies and procedures |
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To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=100196
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