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15 Criminology & Pub. Pol'y 491 (2016)
Deadly Force: To Shoot or Not to Shoot

handle is hein.journals/crpp15 and id is 493 raw text is: 




                         POLICY ESSAY

          THE       REVERSE             RACISM            EFFECT



 Deadly Force

 To Shoot or Not to Shoot


 William Terrill
 Arizona State University


   A     police officer's decision to use deadly force is one of the most critical and powerful
Adecisions of any government official. Reports of questionable police shootings have
         become part of the U.S. landscape since the Michael Brown shooting in Ferguson,
MO, in the summer of 2014. It is not unusual to turn on the television, or access any other
media format, and hear a host of commentators discuss the growing problem of police
use of deadly force, irrespective of whether empirical evidence supports such an assertion.
Nonetheless, what is clear is that there has been growing public concern with respect to
police use of deadly force as more and more video clips emerge of questionable shootings,
especially as they relate to race. In fact, it is not a stretch to state that the United States is
experiencing the most widespread period of civil unrest since the 1960s.
     Before delving into this issue more concretely, it is important to provide some legal
background. The police possess a legal mandate to use coercive tactics with the primary legal
stipulation being that force must be administered in an objectively reasonable manner
(Graham v. Connor, 1989). To demonstrate an objectively reasonable action within the
confines of a deadly force encounter requires an imminent deadly threat (or the perception
of such) to the life of the officer or the life of others with narrow exceptions made for
threats that pose substantial risk to others should the police fail to seize a suspected offender
(Tennessee v. Garner, 1985). Of course, what constitutes objectively reasonable force almost
inherently requires a subjective interpretation (Terrill, 2009), and therein lies the proverbial
rub. Hence, two people may view the same incident and come to two different conclusions.
    As argued elsewhere (Terrill, 2014), the police ultimately draw on their coercion power
as a means of control, whether it be for legitimate (e.g., maintain order, ensure safety, or
enforce the law) or illegitimate purposes (e.g., to harass, punish, or denigrate). Yet, even when
the police are seeking a legitimate end purpose, the application of force may be unlawful. One

Direct correspondence to William Terrill, School of Criminology & Criminal Justice, Arizona State University,
411 N. Central Avenue, Suite 600, Phoenix, AZ 85004 (e-mail: Wiliam.Terrill@asu.edu).

DOI: 10.1111/ 1745-9133.12193            Q 2016 American Society of Criminology  491
                                  Criminology & Public Policy. Volume 15 * Issue 2

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