Police Killings and Legal Standards: Examining the Circumstances and Self-Defense

When discussing the controversial topic of police killings, it is essential to understand the legal standards that determine whether or not law enforcement officers are held accountable for such actions. Contrary to popular belief, the arrest of police officers for such crimes is not always an automatic response. This article delves into the circumstances under which police officers may use lethal force and compares these cases with civilian incidents to provide a clearer understanding of legal standards and self-defense.

When Are Police Officers Arrested for Killing Civilians?

It is a common misconception that whenever a police officer kills a civilian, they are arrested. However, whether or not officers are arrested depends on the specific circumstances surrounding the incident. In most cases, police officers are exonerated because their actions are deemed necessary to protect themselves or others from an imminent threat of serious bodily harm.

The landmark case Tennessee v. Garner (471 U.S. 1, 1985) sets a significant precedent in this regard. In this case, Tennessee law allowed police officers to use deadly force even when pursuing fleeing felons. However, the Supreme Court struck down this statute, ruling that lethal force should only be used when the individual against whom it is used poses a clear and imminent threat of serious bodily injury or death.

Officers vs. Civilians: Evaluating Imminent Threats

Both law enforcement officers and civilians have the right to use force in self-defense, but there are crucial differences in how these rights are interpreted and applied. The core principle is that force may be used if a reasonable person would believe they face an imminent threat of serious bodily injury or death.

For instance, consider the case of former Minneapolis Police Officer Derek Chauvin, who was found guilty for the fatal incident involving George Floyd. Chauvin’s actions were deemed beyond what was necessary to subdue Floyd, and he faced criminal charges as a result. Similarly, in the case of Columbus Police Officer Nicholas Reardon, who killed a teenager named Ma’Khia Bryant during a confrontation, the claim of imminent threat was less clear-cut, leading to a different outcome.

Comparing Incidents: The Role of Self-Defense

Let us explore a hypothetical scenario where a civilian kills another civilian without any charges being brought. While such incidents are rare, it highlights the legal standard for self-defense. If a civilian reasonably believes they are in imminent danger of serious harm and uses deadly force to protect themselves, they may not be charged. This principle applies equally to law enforcement.

For example, if a civilian sees another person lunging at them with a knife, and they use lethal force to prevent their own death, it is self-defense. Similarly, police officers may use lethal force if they reasonably believe they or others are in grave danger. However, this belief must be based on a realistic assessment of the situation, not just a supposed threat.

Tragic Consequences of Imminent Threats

The death of any individual, especially a young person like Ma’Khia Bryant, is a tragedy. However, if an individual voluntarily places themselves in a situation where they face imminent danger, their actions contribute to their own demise. Bryant’s choice to attempt to take another life made it necessary for her to face the consequences of that decision.

It is important to recognize that the concept of self-defense is a legal defence and not a license to act unpredictably. Law enforcement, like civilians, have the responsibility to use force only when necessary and when it is clear and imminent that a threat exists. Excessive or unnecessary use of force, as seen in some high-profile incidents, can lead to criminal charges and legal repercussions.

Conclusion

In conclusion, the evaluation of whether an officer is arrested for killing a civilian ultimately depends on the specific circumstances of the incident. While there are tragic cases where officers are charged, such as Derek Chauvin, other cases like Nicholas Reardon demonstrate that not all incidents result in criminal charges. The legal standards for self-defense apply to both law enforcement and civilians, emphasizing the need for a reasonable assessment of danger before using force.