when can a policeman shoot someone in the back?

Answer 1

I'll deal with U.S. law, since that's the only set I'm familiar with. According to the United States Supreme Court, there are three things a police officer needs to establish before he/she is justified in using deadly force:

1. Ability - At this moment, does this person have the ability to kill me or someone else? I.E. - Does he have a gun/knife/other deadly weapon?

2. Opportunity - At this moment, does this person have the oppurtunity to kill me or someone else? I.E. - Is this person that has the gun/knife/other deadly weapon in a position that he could use it right now?

3. Jeopardy - Do I feel, based on the current totality of circumstances at this place and time, that this person is an imminent threat to my life or the life of someone else? I.E. - Do I think this person with the gun/knife/other deadly weapon is going to try to kill me or someone else?

If, and only if, the answer to all three of these questions is yes, then the officer is justified in using deadly force. If the answer to any of them is no, then the officer is not justified. And the rules are no different for police than they are for anyone else in the general public. If you do use deadly force, whether you are a cop or not, you better be able to explain your reasons for doing it.

The above three guidelines were given in the ruling in the Supreme Court case of Tennessee v. Garner in 1985. In that case, the United States Supreme Court ruled that the police could not use deadly force to stop an unarmed fleeing felon, as this violated the 4th Amendment by an unreasonable seizure of that person. The case was about a Tennessee law that allowed police to use deadly force against any fleeing felon after they had delivered notice of intent to arrest the person. Many other states had similar laws, but this decision rendered those laws as unconstitutional. So there is no place in the United States where an officer can shoot someone just because they are a felon and are running. They must pose an imminent threat to the life of some person.

That being said, there are some situations where an officer might shoot someone who is facing away from them. One is if the person is running, but points a gun behind him at the officer, or in front or to the side at anyone. If the person is holding hostages or in a standoff with other officers and the officer that shoots is a sharpshooter and feels that the person is an imminent danger to those other people. There are other situations, but these are two that come easily to mind.

Answer 2

Ok, in the US, there was a case "Tennessee v Garner". You can look it up with a simple search, or try findlaw.com

What we teach in Georgia is this: "When the Officer has seen a person kill or seriously injure another person and who refuses to halt when ordered."

The basic reasoning is that this person is a clear and present danger to the public, and deadly force is authorized.

Also, Correctional Officers can, for the "danger to the public" reason stated above, fire at an escaping inmate, shooting them in the back.

Answer 3

Perhaps when the perpetrator is beginning to whirl around with a weapon to shoot you, a fellow officer or an innocent. If the person is armed and endangering others, I'd say that *sometimes* it is justified. It would depend on the level of threat the person presented to others.

If the person is a sniper, and he or she is aiming a gun and has shown willingness to use it or previous use of it in that situation, and perhaps you have a clear shot that would hit that person in the back, I'd think it would be justified in order to keep that person from carrying out his or her demonstrated threat to the lives of others.

Answer 4

When the person is a threat to the officer or another person. What does it matter what way he's facing if he's still a threat? The law also allows the use of deadly force "to prevent the escape of a fleeing felon" but that's an old law and while still technically allowed would be difficult to justify without the element of some type of imminent threat.

Answer 5

In the military, if the person has committed a felony, AND presents a threat--having the intent, opportunity, and capability--to do bodily harm to others, then the security police can use deadly force.
That being said, you had better be prepared to articulate the threat. There will be an intensive investigation.

Answer 6

The easiest answer is when that someone is fleeing away from the cop. Seriously though, if the person is a threat to others and refuses to stop or co-operate, then most police shootings end up being justified. Not that I necessarily agree with that but we all know that decisions made in the heat of the moment are not always wise so some latitude should be given. Some latitude...

Answer 7

If he is about to kill or seriously harm someone.\
If the officers beleivs allow the person to get away would seroiusly endager someone else.

A correctional officer can shoot an escaping inmate in the back if they pass the fence security area

Answer 8

Prob depends on the country he is in, and what those laws state...

I know that in South-Africa, you cannot just shoot someone, not even if he is in your house - late at night stealing something or so.

He HAS to attack you first, and you need to fire at least 1 warning shot first. ( If you shot him, and he did not have a knife or something in his hand at the time, your chances of going to jail for murder is about 95%+ )

I'll just shoot him and fire the warning shot after wards! How they gonna tell which one was fired first?

As far as the police go, same rules go for them. Stupid really if you think about it - it's YOUR life, and the crim is in the wrong here!!

Answer 9

I would think that if the criminal is threatening someone elses life and the only way the police can get a shot at them is in the back,to save an innocent persons life.

Answer 10

If they don't listen to the orders of a policeman or police woman.