Also known as: deadly forces · lethal force
Written by attorneys · grounded in primary & secondary sources — see below
Violent action known to create a substantial risk of causing death or serious bodily harm.
Dominic Drake saw a neighbor approach with what he thought was a gun during an argument. Drake fired his pistol, killing the neighbor who held only a cell phone. At trial Drake proved he honestly believed deadly force was required even though that belief was unreasonable.
Doris Duffy discovered her spouse in an embrace with another person and suffered a serious battery from the spouse's companion. Duffy responded by stabbing the companion with a knife. The court considered whether the battery and discovery supplied adequate provocation for the use of deadly force.
Officer Daniel Diaz rammed Dylan Duffy's speeding car after a dangerous highway pursuit that endangered bystanders. Duffy survived but suffered serious injuries and sued, claiming the ramming constituted unreasonable deadly force under the Fourth Amendment.
Select any source to read its text and confirm it supports the definition.
An officer shot Deanna Davenport in the back as she fled after committing a nonviolent burglary. Davenport was unarmed and posed no threat to anyone. The shooting raised the question whether deadly force was permissible to prevent escape.
Dominion Capital faced enhanced penalties after an employee used deadly force during a robbery. The court examined whether the sentencing enhancements survived constitutional scrutiny after the guidelines were rendered advisory.
Destiny Davis fired at four men she believed were about to rob her on a train. One man was wounded and sued for battery. The defense turned on whether Davis's belief that deadly force was necessary was reasonable under the circumstances.
Deadly force is force that the actor uses with the purpose of causing or that he knows will create a substantial risk of causing death or serious bodily harm. Purposely firing a firearm in the direction of another person constitutes deadly force.
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An officer may use deadly force only when the suspect poses a threat of death or serious bodily harm to the officer or others and deadly force is necessary to prevent escape. Deadly force is unreasonable against an unarmed nondangerous fleeing felon.
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In some jurisdictions an honest but unreasonable belief that deadly force was necessary in self-defense mitigates what would otherwise be murder to voluntary manslaughter.
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In minority jurisdictions a person must retreat as far as reasonably possible before using deadly force if retreat can be accomplished in complete safety, unless an exception such as the home applies.
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…" all the necessary means to effect [an] arrest.'" The Court held the statute unconstitutional insofar as it allowed the use of deadly force against an unarmed, nondangerous suspect; but it declined to invalidate the statute on its face, specifically noting that the statute could be applied constitutionally in other…