Abstract:
In the United States, police officers fatally shoot over one
thousand people every year. A surprising few of these incidents
are fully investigated. In fact, very few police officers are
criminally prosecuted for, and are rarely found guilty of,
homicide resulting from the unjustified use of lethal force. This
Article contends that the lack of criminal prosecutions results
mainly from leading United States Supreme Court decisions that
establish the criminal liability standard for police use of lethal
force. Ultimately, this standard discourages a full investigation
of such incidents. While unintended, this produces negative
consequences, including injustice for the victims and their
families, danger and fear for future victims, and increased
danger to police officers.
Using empiricism and normative principles, this Article seeks
to re-direct the doctrinal approach for assessing the legality of
police use of lethal force in non-custodial situations. Through a
case study, it analyzes how some police officers used lethal force
in an unjustified manner and initially got away with homicide.
It posits that a constitutional right to life principle requires the
lowering of the criminal liability standard for assessing police
shootings. And it proposes federal legislation mandating the investigation and, where appropriate, the prosecution of all
incidents of police officers’ use of lethal force.
