Law Commons^™

A Tactical Fourth Amendment, Brandon L. Garrett, Seth Stoughton

Faculty Scholarship

What rules regulate when police can kill? As ongoing public controversy over high-profile police killings drives home, the civil, criminal, and administrative rules governing police use of force all remain deeply contested. Members of the public may assume that police rules and procedures provide detailed direction for when officers can use deadly force. However, many agencies train officers to respond to threats according to a force "continuum" that does not provide hardedged rules for when or how police can use force or deadly force. Nor, as recent cases have illustrated, does a criminal prosecution under state law readily lend itself …

Dismantling The Trap: Untangling The Chain Of Events In Excessive Force Claims, Cara Mcclellan

All Faculty Scholarship

In the wake of repeated police shootings of unarmed Black men and women, police departments across the country are focusing on de-escalation. Yet federal courts reviewing Fourth Amendment excessive force violations are often unwilling to take into account how an officer’s pre-seizure conduct may have affected the need to use force during a civilian encounter. I argue that as part of the Graham v. Connor reasonableness analysis, courts reviewing excessive force claims should consider prior police conduct that impacted the need for force when the officer predictably causes the civilian to respond by employing an overly aggressive tactic. I provide …

The Grand Jury: A Shield Of A Different Sort, R. Michael Cassidy, Julian A. Cook

Scholarly Works

According to the Washington Post, 991 people were shot to death by police officers in the United States during calendar year 2015, and 957 people were fatally shot in 2016. A disproportionate percentage of the citizens killed in these police-civilian encounters were black. Events in Ferguson, Missouri; Chicago, Illinois; Charlotte, North Carolina; Baton Rouge, Louisiana; and Staten Island, New York - to name but a few affected cities - have now exposed deep distrust between communities of color and law enforcement. Greater transparency is necessary to begin to heal this culture of distrust and to inform the debate going forward …

Deaths Due To Use Of Lethal Force By Law Enforcement: Findings From The National Violent Death Reporting System, 17 U.S. States, 2009–2012, Sarah Degue, Katherine A. Fowler, Cynthia Calkins

Publications and Research

Introduction: Several high-profile cases in the U.S. have drawn public attention to the use of lethal force by law enforcement (LE), yet research on such fatalities is limited. Using data from a public health surveillance system, this study examined the characteristics and circumstances of these violent deaths to inform prevention.

Methods: All fatalities (N¼812) resulting from use of lethal force by on-duty LE from 2009 to 2012 in 17 U.S. states were examined using National Violent Death Reporting System data. Case narratives were coded for additional incident circumstances.

Results: Victims were majority white (52%) but disproportionately black (32%) with a …