Many are the times that the incidences of police shooting suspects have been documented and resulted in public outcry nationwide. In most instances, the suspects shot have been established not to be armed contrary to the positions that the police may have taken thus making such shootings amount in wanton violence (Saint Louis University Law Journal, 2016). The police usually use force which in this case may refer to the firing of a gun in situations aimed at preventing suspects from escaping, or in regards to defending themselves or other officers from possible harm or risk of death.
There is, however, concerns regarding the use of deadly force by the police in situations which they deem life threatening or whereby the suspect is on the verge of escaping. There is the need for police officers to take personal responsibility in ensuring that the constitutional rights of the suspects are upheld when they are confronted by a situation where a suspect who is deemed armed has to be arrested (Saint Louis University Law Journal, 2016). However, the police usually employ excessive force in regards to the handling of suspects but are rarely held accountable for the criminality of their actions. The position concerning police liability in regards to the shooting of suspects is that they need to be held accountable for violating the constitutional rights of a fleeing suspect if they fail to limit the use of force on them.
In regards to the Tennessee vs. Garner case of 1985, Officer Elton Hymon shot and killed fleeing suspect Edward Garner even after ascertaining that Garner was clearly unarmed. The suspect’s father filed a suit against officer Hymon in pursuit of damages citing that the officer violated his son’s constitutional rights in accordance with the Civil Rights Act of 1871 (Walker, 2010). The District Court, however, held that officer’s Hymon’s actions were constitutional as he was aiming at seizing the suspect from escaping. The Appellate Court, however, overturned the decision citing that the Tennessee law does not provide guidelines on how the police are supposed to limit the use of force in instances where they are pursuing a felony suspect.
References
Saint Louis University Law Journal. (2016). Police Use of Deadly Force: State Statues 30 Years after Garner | Saint Louis University Law Journal. Retrieved from http://www.slu.edu/colleges/law/journal/police-use-of-deadly-force-state-statues-30-years-after-garner/
Walker, J. T. (2010). Tennessee v. Garner. Criminal Procedure and the Supreme Court: A Guide to the Major Decisions on Search and Seizure, Privacy, and Individual Rights, 285.
