Also known as: deadly force · lethal force
Written by attorneys · grounded in primary & secondary sources — see below
Force that the actor uses with the purpose of causing or that the actor 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. A threat to cause death or serious bodily harm by the production of a weapon does not constitute deadly force when the actor's purpose is limited to creating apprehension that deadly force will be used if necessary.
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Denise Donovan confronted an intruder in her home who raised a knife. Believing deadly force necessary, she fired a gun at the intruder, killing him. The jury found her belief honest but unreasonable. The honest but unreasonable belief mitigated the charge from murder to voluntary manslaughter.
Dustin Donovan discovered his spouse in an act of adultery. The spouse's lover advanced toward Dustin while brandishing a firearm. Dustin responded by stabbing the lover with a knife. The threat of deadly force supplied adequate provocation that reduced the homicide to voluntary manslaughter.
Daniel Diaz fled police in a high-speed chase that endangered bystanders. An officer applied a push bumper to terminate the pursuit. The resulting crash left Diaz quadriplegic. The officer's use of force to end the dangerous chase constituted a reasonable seizure under the Fourth Amendment.
David Dawson, an unarmed burglary suspect, fled from officers after a home invasion. An officer shot Dawson in the back to prevent escape. The shooting violated the Fourth Amendment because Dawson posed no threat of death or serious harm to the officers or others.
Dominic Drake boarded a subway car and perceived four youths approaching him with intent to rob. Believing they were about to use deadly force, Drake drew a handgun and fired multiple shots. The reasonableness of Drake's belief that deadly force was necessary determined whether his conduct was justified.
Derek Douglas was arrested for drunk driving. Officers sought a warrantless blood draw to measure his alcohol level. The natural dissipation of alcohol in the blood did not create an exigency sufficient to justify the warrantless use of force to obtain the sample.
Deadly force is force used with the purpose of causing or known to create a substantial risk of death or serious bodily harm. Purposely firing a firearm toward another person meets this definition. A mere threat by displaying a weapon does not qualify when the purpose is only to create apprehension.
In some jurisdictions an honest but unreasonable belief that deadly force was necessary in self-defense mitigates murder to voluntary manslaughter. The belief must concern the necessity of deadly force rather than the existence of a threat. This rule applies only when the jurisdiction recognizes imperfect self-defense.
…" 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…
…excessive for felony murder when defendant did not take life, attempt to take life, or intend that a life be taken or that lethal force be used); Coker v. Georgia, 433 U. S. 584, 592 (1977) (plurality opinion) ("sentence of death is grossly disproportionate and excessive punishment for the crime of rape"); id., at 601…
…C. J., and Rehnquist, J., joined. Syllabus This case requires the Court to determine the constitutionality of the use of deadly force to prevent the escape of an apparently unarmed suspected felon. It also requires the Court to determine the constitutionality of a Tennessee statute that authorizes the use of
…The Eleventh Circuit affirmed on interlocutory appeal, concluding, inter alia , that Scott’s actions could constitute “deadly force” under Tennessee v. Garner , 471 U. S. 1; that the use of such
…began by noting that at the time Cotton shot Tolan, “it was . . . clearly established that an officer had the right to use deadly force
Discovery of a spouse engaged in sexual relations with another person is recognized as adequate provocation. The provocation must still satisfy the requirements that the defendant actually acted in the heat of passion and that no reasonable cooling-off period elapsed. Courts treat this situation as one of the classic instances of adequate provocation.
Ramming a fleeing vehicle during a dangerous high-speed chase is reasonable when the suspect's driving poses an immediate threat to the lives of bystanders and officers. The seizure must still satisfy Fourth Amendment standards of objective reasonableness. The analysis focuses on the threat created by the pursuit rather than the intent to cause death.