Shoot to Kill Order
Warren Cabanlit
National University

FERGUSON, Mo. — The city of St. Louis — and the nation — are deeply divided over whether a police officer who killed an unarmed black teenager in Ferguson, Mo., should be charged with a crime.

The law that determines when police can use deadly force generally gives officers considerable leeway in making that split-second decision about whether they need to kill to save themselves or others. Police officers are also automatically authorized, based on training in most states, including Missouri, to use deadly force if a suspect tries to grab the officer’s gun. Wilson has told investigators that Brown tried to get his gun during a scuffle in which Brown was reaching into Wilson’s patrol car. Law enforcement experts say the legal standard, established by two Supreme Court rulings from the 1980s, has made it hard for prosecutors to obtain convictions in cases of alleged use of excessive force.

Experts say the high court rulings and Officer Darren Wilson’s account give investigators several reasons to find Wilson justified in shooting to kill 18-year-old Michael Brown. A teenager in Washington, D.C. named Michael Brown was shot dead after he allegedly flashed a knife to the police officers assigned in the area near Ferguson, causing his death (Flatow, 2014). Witnesses, however, tell that Brown was unarmed, and the police officers ruthlessly shot him six times on a Tuesday afternoon. Tensions and criticisms arose since the circumstances that were considered in the use of deadly force were unjustifiable (Siddiqui, 2014). This paper aims to discuss on whether or not the use of deadly force by the police officers, and other law enforcing agencies, should be sustained. As long as there is probable cause, law enforcing personnel are allowed to use deadly force. Scenarios when this can happen are: if a person poses a serious threat to the officer, or if it causes harm to the officer and to other citizens as well (Belur, 2009). According to the Force Science Institution, police officers are trained to shoot the perpetrators once or twice only. It should only aim the legs or the limbs to slower them, or the so called “centre mass” which concentrates on the vital areas and major blood vessels (Institute, 2014).

However, the International Association of Chiefs of Police, through their Director of Research John Firman, opposed the earlier views presented. He said that cops should not shoot people in the limbs because it is very impractical (Police, 2014). Chances are they could miss it since it is moving fast, causing them to shoot more the mandated two warning shots. Also, they should follow the rule that before pointing and shooting a firearm, the police officer should make it a point that his or her life and the lives of others are sufficiently threatened. It is part of their training to assess risks before using lethal force (Siddiqui, 2014).

In a statement released by the unnamed police department stationed by the officers responsible for Mr. Brown’s death never released a statement about this matter (Frazier, 2012). Nonetheless, Firma mentioned a guide relating to this situation. He said:
“to protect the officer or others from what is reasonably believed to be a threat of death or serious bodily harm; and to prevent the escape of a fleeing violent felon who the officer has probable cause to believe will pose a significant threat of death or serious physical injury to the officer or others (Police, 2014)." In terms of the legal ruling of this matter, a 1985 Supreme Court landmark case supported the claims of the critics and family of the victim. In this ruling, to police officers were sentenced after shooting a fifteen year old boy fleeing from a burglary (TENNESSEE v. GARNER ET AL. , 1985). Facts and evidences show that the boy had stolen a ten dollar purse from a house, forcing the two officers on duty to shoot him. The court ruled that “a police officer may only use deadly force to prevent the escape of a violent felon (TENNESSEE v. GARNER ET AL. , 1985).”

With this incident, some citizens call that law enforcers and officers must undergo once again in a training seminar on the proper use of deadly force (Belur, 2009). Mr. Brown’s death must be an eye opener that these concerns should be addressed right away. They should learn how to use guns, artilleries, and other related lethal weapons responsibly (Flatow, 2014).

The United States Department of Justice also intervened in this issue (Flatow, 2014). Through its former head Thomas Frazier has offered some strategies to “reduce liability resulting from deadly force encounters (Siddiqui, 2014).” Deadly force policies must be reviewed annually. This is to ensure that all employees, whether assigned in the field or in the office, are trained to policy. Having a waiver signed, indicating that he or she has fully understood the policies is one assurance (Police, 2014). In addition, annual audits should be conducted. Though investing in this strategy requires a certain amount of time and resources, everyone will greatly profit from it (Frazier, 2012).

Disciplinary investigations, processes, and results must be audited regularly. This should be conducted not only by the trained internal auditors, but with the help of external auditors as well (Institute, 2014). Outsourced auditors would equate to reasonable transparency that a certain police department follows (Belur, 2009).

Constant meet ups with the community leaders and organizers are important to explain the gaps that must addressed right away. A review and procedure team must also be established to call on the attention of the law enforcement officials regarding certain issues (Flatow, 2014). Furthermore, a clear dispatch protocol must be institutionalized, for the sake of the legality safety of the police officers. This would serve as their safety net whenever someone would wrongfully accuse them. Having field training officers can also be beneficial to ensure the proper training of the officers assigned in the field (Siddiqui, 2014).

All in all, the deadly use of force is a tool often used not only by police officers, but by various persons as well (Belur, 2009). It is a human problem that law enforcing agencies cannot “technology their way out (Frazier, 2012).” The improper and excessive use is usually caused by irresponsible leadership, inadequate or insufficient training, fast paced technology, fear, and a very weak policy formulation and implementation (Frazier, 2012). A qualitative intervention of the factors mentioned can be the first step in reducing this concern. Also, the cooperation of the community is very essential by giving feedback on how the polices officers have been performing well. Everyone’s cooperation is the key in solving this aggravating issue (Siddiqui, 2014).

Bibliography
Belur, J. (2009). Why Do The Police Use Deadly Force? The British Journal of Criminology.
Flatow, N. (2014). Michael Brown, Police Violence, And Why It’s So Hard For Victims To See Justice. From Think Progress: http://thinkprogress.org/justice/2014/08/12/3470313/justice-race-and-michael-brown/
Frazier, T. C. (2012). Deadly Force: Issues, Risks, Dilemmas, and Solutions. Risk Management Issues in Law Enforcement – A Public Entity Risk Institute Symposium.
Institute, F. S. (2014). From Force Science Institute: http://www.forcescience.org/
Police, I. A. (2014). From International Association of Chiefs of Police: http://www.theiacp.org/
Siddiqui, S. (2014). Why Do Cops So Often Shoot To Kill? Hufftington Post.
TENNESSEE v. GARNER ET AL. , 471 U.S. 1 (UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 1985).