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deadly force : ウィキペディア英語版
deadly force

Deadly force, as defined by the United States Armed Forces, is force that a person uses causing, or that a person knows or should know would create a substantial risk of causing, death or seriously bodily harm or injury. In most jurisdictions, the use of deadly force is justified only under conditions of extreme necessity as a last resort, when all lesser means have failed or cannot reasonably be employed.〔AFI 31-207 Arming and Use of Force by Air Force Personnel〕〔Robert C. Ankony, "Sociological and Criminological Theory: Brief of Theorists, Theories, and Terms," ''CFM Research'', July 2012, page 37.〕
Firearms, bladed weapons, explosives, and vehicles are among those weapons the use of which is considered deadly force. The use of non-traditional weapons in an offensive manner, such as a baseball bat, sharp pencil, tire iron or other, may also be considered deadly force.〔
== United States law ==

In the United States, the use of deadly force is often granted to law enforcement officers when the person or people in question are believed to be an immediate danger to people around them. For example, an armed man flaunting a firearm in a shopping mall without regard to the safety of those around him, and refusing or being unwilling to negotiate, would warrant usage of deadly force, as a means to protect others. The use of deadly force is also authorized when a person poses a significant threat to a law enforcement officer, usually when the officer is at risk of serious bodily injury or death. This is governed by the ''Tennessee v. Garner'' ruling in 1985 in which the U.S. Supreme Court said that "deadly force...may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious bodily harm to the officer or others." This case abolished the Fleeing felon rule where a fleeing felon who posed no immediate threat to society (e.g., a burglar) could be shot if he/she refused to halt.〔
In the 1989 ''Graham v. Connor'' ruling, the Supreme Court expanded its definition to include "objective reasonableness" standard—not subjective as to what the officer's intent might have been—and it must be judged from the perspective of a reasonable officer at the scene—and its calculus must embody the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation.〔
Most law enforcement in the United States establish a use of force continuum and list deadly force as a force of last resort. With this model, agencies try to control excessive use of force. Nonetheless in the United States, there are a high number of killings by law enforcement officers.
A civilian may legally use deadly force when it is considered justifiable homicide, that is to say when the civilian feels that his/her own life, the lives of his/her family, or those around him/her are in legitimate and imminent danger.〔
Like all advanced countries, U.S. law requires an investigation whenever a civilian or law enforcement officer uses deadly physical force that causes someone's death. This may include determining whether the civilian or officer's use of deadly physical force was appropriate under the relevant standards established. For example, an investigation is usually performed by a larger police agency and/or a civilian agency, such as a county prosecutor or State Attorney General.〔 A report of the findings of such an investigation may be submitted for prosecution and made public.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「deadly force」の詳細全文を読む



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