Police Use of Deadly Force

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Police Use of Deadly Force

• PSCI 2481

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• 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.

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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?

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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)

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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

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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.

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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
  againstan 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.

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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.

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Denver The Paul Childs Shooting
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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.

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Paul Childs
July 5, 2003

• James Turney

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What happened? Who did what, when, where, and to
whom?

• Paul Childs?
• Ashley Childs?
• Helen Childs?
• 911 Operator?
• Officer Turney?
• Other DPD Officers?

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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?)

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Options

• No Penalty (Returned to Duty - RTD)
• Verbal Reprimand
• Written Reprimand
• Removed from Patrol (RFP)
• Short Suspension RTD
• Short Suspension RFP
• Long Suspension RTD
• Long Suspension RFP

• Fined
• Fired
• Charged with Minor Crime
• Charged with Major Crime
• Fired Charged with Crime
• Subjected to Civil Lawsuit
• Prevented from working for another law
  enforcement agency

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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.

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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.

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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.

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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.

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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 cant keep these things from happening.

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Writing Policy to Govern the Use of Deadly Force

• Houston PD
• Denver PD

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Houston PDUse of Deadly Force

• The Houston Police Departments 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 Departments 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.

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The Details

• Do not shoot unless your life or someone elses
  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
  suspects 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.

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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.

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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.

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NYPD Gunshots Fired 2006
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The Police Perspective

• The Danger on the Street

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Behavior Problems