Excessive Lethal Force

Hamilton, Melissa

Journal: Northwestern University Law Review

Volume: 111

First Page: 1167

Year: 2017

Bluebook Citation: 111 NW. U. L. REV. 1167 (2017)

Author: Melissa Hamilton: all 13 publications


Abstract

This Essay considers the use by Dallas police officers of a robot armed with plastic explosives to kill a suspected gunman on a shooting rampage in 2016. In the wake of Dallas, many legal experts in the news maintained that the police action was constitutional. The commentators' consensus was that as long as the police had the right to use lethal force, then the means of that force is irrelevant. This Essay argues the contrary.

Under the current state of the constitutional law on the police use of force on a suspected felon, excessive lethal force is a valid consideration. The type and magnitude of lethal force may, under certain circumstances, be unconstitutional despite the suspect posing a high degree of risk to others.

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