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Best Web OpEds    H3'ed 7/10/16

Police Use of Deadly Force: State Statues 30 Years after Garner

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Reading the majority opinion in Garner is a bracing experience. Justice White’s extended discussion of the common law standard of police use of force makes clear on many levels that he did not merely want to replace the common law rule: he wanted to bury it. That police could use any amount of force, including deadly force, to “seize” a fleeing felon—the common law rule which at issue in Garner—was not only constitutionally infirm, it made little sense as a policy matter. When, if ever, police are justified in using deadly force against a suspect.  How do we decide when a police officer can not only use force, but shoot at a suspect--even shoot to kill? When is a police killing a justifiable homicide, and when is it just a homicide? One place to start in drawing the line between justified and unjustified uses of deadly force is the Supreme Court's 1985 opinion in Tennessee v. Garner.

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At portside.org

 

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Susan Lee Schwartz Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

I began teaching in 1963,; Ba and BS in Education -Brooklyn College. I have the equivalent of 2 additional Master's, mainly in Literacy Studies and Graphic Design. I was the only seventh grade teacher of English from 1990 -1999 at East Side (more...)
 

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