“Use of Deadly Force” Tennessee free essay sample

The Tennessee statute at the time stated that the use of deadly force was acceptable, which was backed up by the department policy, in the event of successfully preventing the escape a suspect. The statute warranted the use of deadly force was acceptable if the defendant attempted to flee or forcibly resist an imminent arrest. The department policy was even more restrictive, however still allowed the use of deadly force was warranted in the event of a burglary. . In this case is a landmark case, because it brought the fleeing felon rule to the forefront, where it can be discussed, and is more adequately detailed.It was originally thought. The statute provided that if there was an intent to arrest and the defendant decided to either flee or forcibly resist that the officer may use all necessary means, including deadly force to enforce the arrest. This case, enabled the Supreme Court to detail when excessive force can be used in regards to a fleeing suspect. We will write a custom essay sample on â€Å"Use of Deadly Force† Tennessee or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The Court of Appeals reversed and remanded the original decision of the District Court over to the east of cream court. At which point the Supreme Court decided that the apprehension by use of deadly force is a seizure subject to reasonableness requirement of the fourth amendment.And that although an arrest of a person who has believed to have committed a crime, does not justify using deadly force. It is believed that not all felony suspects should die rather than prevent an escape. It would be discouraging, however, more reasonable to allow a suspect to escape, rather then cause them to lose their life. However, it has been discussed in any event, they suspect may be armed or deemed dangerous to the community, and does not put innocent people in danger, deadly force may be used. The fourth amendment to the Constitution would be most applicable here.As the fourth amendment grants the right to the people to be secure and against unreasonable searches and seizures, places it in the forefront of this landmark case. As an arrest is a type of seizure, as deemed by the Supreme Court, to effect this seizure there has to be a reasonableness requirement for the use of deadly force. With the review of this case, the Bill of Rights is now placed rules detailing twin deadly force can be used to effect an arrest. And however an officer is allowed some discretion when making a split second decision in the field, they are trained with these requirements iIn regards to the fourth amendment.This ensures that only suspects who are deemed dangerous and innocent people will not be harmed is when deadly force can be used to prevent an escape. It has also been deemed the Tennessee statute that was in effect at this time is unconstitutional. It should also be noted that the US Supreme Court. In regards to Graham v. Connor (1989) adopted a standard of reasonable force, which permits officers to use the amount of force necessary to apprehend and bring suspects under control. In essence, what this does is forces officers to think quickly and thoroughly in deciding how much force is needed to effect an arrest.In regards to due process, even the suspect to has been believed to commit a crime, has the right and the knowledge that the amount of force to be used will be based on their own actions at the time. Bibliography miller, r. l. (2003). handbook of selected court cases, for gaines and millrs criminal justice in action, 2nd edition. arlington: wadsworth thomson learning. samaha, j. (2005). criminal procedure 6th edition. belmont: thomson wadsworth. U. S Dept of Justice. (2000). crime scene investigation a guide for law enforcement. washington DC: office of justice programs.