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21 Tex. J. on C. L. & C. R. 155 (2015-2016)
Judge, Jury, and Executioner: The Excessive Use of Deadly Force by Police Officers

handle is hein.journals/tfcl21 and id is 175 raw text is: Judge, Jury, and Executioner: The Excessive Use of Deadly Force by Police Officers John P. Gross* I. INTRODUCTION................... ...............155 II. THE LACK OF JUDICIAL OVERSIGHT OR CLEAR GUIDANCE ON THE USE OF FORCE BY LAW ENFORCEMENT ....... ....... 157 III. INACCURATE ASSUMPTIONS ABOUT LAW ENFORCEMENT ........ 161 A. Police Officers' Aggressive Use of Force ....... ..... 161 B. The Absence of Effective Deterrents..... ..........1 63 C. A Lack of Professionalism and Internal Discipline............ 166 D. Exaggerated Impression of the Danger of Policing............ 167 IV. SLOSHING THROUGH THE MORASS OF REASONABLENESS .... 170 A. Police Officer Randall Kerrick..................... 171 B. Police Officers Dominique Perez and Keith Sandy............ 172 C. Police Officer Lisa Mearkle............. ........... 173 D. The Reasonable Officer Standard...... ........... 174 V. UNRECOGNIZED BUT PERVASIVE PATTERNS OF EXCESSIVE FORCE........................................ 176 VI. CONCLUSION: WHOSE LIFE MATTERS MORE9 ....... ..... 180 I. INTRODUCTION A series of shootings has started a national debate about the use of deadly force by law enforcement officers. Though this debate has entered mainstream media and the public consciousness, the law gives little guidance on when the use of force by police is justified. While the Supreme Court has made it clear that the Fourth Amendment applies to questions about the use of deadly force, the Court has never given any specific guidance to law enforcement on when the use of deadly force is * Assistant Professor of Clinical Legal Education, Director of the Criminal Defense Clinic, The University of Alabama School of Law.

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