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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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