Deadly force by law enforcement is one of the most serious actions an officer can take. While they often face dangerous situations requiring split-second decisions, their authority is not unlimited.
When an officer crosses that line and uses force without justification, the results can be heartbreaking for victims and their families. It can also shatter a community’s trust in the police. So, what makes a police shooting illegal, and what can you do?
What defines an “illegal” or “unjustified” shooting?
Legally, justifying deadly force hinges on “objective reasonableness.” This idea stems from a Supreme Court case, Graham v. Connor. Basically, it means seeing the situation through a reasonable officer’s eyes on the scene: Would they believe deadly force was the only way to stop someone from being killed or badly hurt? If not, the shooting may be unjustified. Several key factors come into play here.
Imminent threat: Was there an immediate danger?
Deadly force typically requires an imminent threat – someone posing immediate danger of death or serious harm. Without this, deadly force is usually unwarranted.
Think about the case of Walter Scott in North Charleston, South Carolina, back in 2015. An officer shot Scott multiple times in the back as he ran away unarmed. A video disproved the officer’s claim of a struggle, showing Scott posed no immediate threat when killed. This lack of danger was key to the officer’s conviction for violating civil rights.
Proportional force: Was it justified?
Even with some threat, an officer’s force must be proportional. Deadly force is extreme. So, if a lesser force could have reasonably worked, or if the officer used way more force than needed, that can make the shooting unjustified.
The tragic shooting of Laquan McDonald in Chicago in 2014 is a powerful example. Laquan, a 17-year-old who was holding a small knife, was shot 16 times. A dashcam video showed him walking away from the officers, not aggressively moving towards them, when the officer fired repeated shots. This disproportionate force led to the officer being convicted of second-degree murder.
Alternatives: Did officers try to de-escalate?
Police are generally expected to try and calm things down – to de-escalate – or use less deadly options before they resort to shooting. This is especially true if someone isn’t posing an immediate deadly threat. If an officer ignores de-escalation chances or fails to use available tools (like Tasers or verbal commands) when reasonable, a shooting might be unjustified. In many tough cases, people ask: Did the officers try to create space? Did they give clear warnings? These questions are really important.
What should you do if you suspect an illegal police shooting?
If you or someone you care about has been in a police shooting, and you think it was wrong, it’s natural to feel completely overwhelmed. Here are some important steps you might consider:
- Get medical help first: Make sure anyone hurt gets medical care right away.
- Save any evidence: If it’s safe, try to document everything. Take photos or videos of injuries and the scene. Write down names and contact info for any witnesses. Keep any messages or papers related to what happened.
- Talk to a lawyer right away: This is really important. Before you say anything to investigators or the police, talk to a lawyer who knows about civil rights and police misconduct cases. A lawyer can protect your rights, help you understand the confusing legal process and work to make sure there’s a proper investigation.
When powerful people or institutions are held accountable, it’s a big step towards justice. It also helps build communities where everyone can feel safe. Understanding how illegal police shootings happen is the first step. It helps us work towards making sure those who abuse their power face real consequences and that victims get the justice they truly deserve.
