Citation

Tennenbaum AN. J. Crim. Law Criminol. 1994; 85(1): 241-260.

Copyright

(Copyright © 1994, Northwestern University School of Law)

DOI

unavailable

PMID

unavailable

Abstract

In March of 1985, the Supreme Court in Tennessee v. Garner held that laws authorizing police use of deadly force to apprehend fleeing, unarmed, non-violent felony suspects violate the Fourth Amendment, and therefore states should eliminate them. This paper investigates the impact of that decision on the number of homicides committed by police officers nationwide. The investigation shows a significant reduction (approximately sixteen percent) between the number of homicides committed before, and after the decision. This reduction was more significant in states which declared their laws regarding police use of deadly force to be unconstitutional after the Garner decision. Evidence suggests that the reduction is due not only to a reduction in shooting fleeing felons, but also to a general reduction in police shooting. This paper discusses a mechanism that can explain the unique Tennessee v. Garner dynamic.