[Discuss] [Peace-discuss] Police policy on lethal force

[Ricky Baldwin]

I'd be glad to help - I could get started this weekend when I get back to town, if that's soon enuf.  Anybody want to divide it up with me?

Ricky

"Speak your mind even if your voice shakes." - Maggie Kuhn

--- On Thu, 10/22/09, Danielle Chynoweth <chyn at ojctech.com> wrote:


From: Danielle Chynoweth <chyn at ojctech.com>
Subject: Re: [Discuss] [Peace-discuss] Police policy on lethal force
To: "Stuart Levy" <slevy at ncsa.uiuc.edu>
Cc: "Dr. William M. Patterson" <wmpatter at uiuc.edu>, "Peace-discuss List" <peace-discuss at lists.chambana.net>, discuss at lists.communitycourtwatch.org
Date: Thursday, October 22, 2009, 2:40 PM


What we really need is someone/s to pour over the new policy (linked off the ucimc.org website), the 2005 policy which Barbara Kessel has and was quoting from, Urbana's policy (Brian has?), and the state policy and write up a write paper on the differences.  Anyone up for this?

Here are the questions we need to have fact-checked info on:

- What are the differences between these 4 Use of Force documents (old, new, urbana, state)?

- Does the City of Champaign council need to vote on these documents for them to be in effect?  (It is my understanding that police policies are NOT required to be voted on by council - but maybe Urbana is different than Champaign).

- Has the City of Champaign voted on or reviewed these policies ever in the past, whether or not such a vote was requried?

- Are there federal or state laws that govern local use of force policies?  Can a local entity write any policy they want, or are there constraints?

- Are the new use of force policies - in particular the part that allows lethal force against a fleeing or resisting, unarmed individuals - constitutional? 

Anyone want to take part or all of this on?  We really need this info ASAP.

- Danielle



On Wed, Oct 21, 2009 at 4:44 PM, Stuart Levy <slevy at ncsa.uiuc.edu> wrote:

On Wed, Oct 21, 2009 at 03:32:46PM -0500, John W. wrote:
> Beyond all this discussion of procedure, I would think that Champaign's new
> use of deadly force policy is flat-out illegal.  At least I've heard
> virtually all my life that a cop can't shoot a fleeing felon.  That's why,
> in all the crime movies and TV shows, the cop chases the fleeing felon on
> foot for blocks and blocks and over fences and rooftops and so on.  If it
> were legal, it'd be much easier to stop the fleeing felon by simply shooting
> him in the back.

The new use-of-force policy does mention, a para or two later,
that deadly force must not be used on a fleeing felon.
(Does the old policy explicitly mention fleeing felons this way?)
So if the "felon" isn't fleeing, but merely refusing to say uncle,
then it seems deadly force is permissible if the officer can say
they're trying to make an arrest.

The new policy mentions "ILEAP ADM.05.01" (and .02 and .03)
at its top, and a web search turned up this (is it current?):
  http://www.humanspan.com/uploads/archives/4341/ILEAPManual09.pdf
  IL Law Enforcement Accreditation Program Manual,
  First Edition 2009

On pp 42-43, ADM.05.01 governs use of force, including:

c. That officers may use deadly force only under a reasonable belief that the action is in defense
of human life, or in defense of any person in imminent danger or facing a significant threat of
serious physical injury;

None of the points here say anything about permitting
use of force when "needed" to complete an arrest.

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