RUNNING HEAD: ANALYSIS OF DEADLY FORCE

ANALYSIS OF DEADLY FORCE

CJA/214 Introduction to Police Theory and Practices
11/6/2012

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The term deadly force is a grim one. It does not bring out happy thoughts nor is
it a term many individuals like to use. However, deadly force is a term some law enforcement
officers have to use throughout their law enforcement career. Deadly force is defined as using
any type of physical force that can cause death or physical injury. According to US Legal (2012),
In order for deadly force to be justified there must be an immediate, otherwise unavoidable
threat of death or grave bodily harm to yourself or other innocents. (para. 1) For law
enforcement officers this is truly a difficult call to make and the process that comes after is not
easy as well.
Law Enforcement Training
Working in law enforcement requires law enforcement officers to be properly
trained and make crucial decisions that will affect not only others but themselves as well. One of
the many decisions that law enforcement officers make on the line of duty is whether or not
decide to use deadly force in dire situations. Law enforcement officers are trained to handle
potentially lethal situations, and to ensure the officer knows that just because he/she has the right
to emit deadly force and he/she can justify it, does not mean that it could end in an overall
positive outcome with the community. Each law enforcement agency has different methods in
approaching the use of deadly force.
U.S. Border Patrol
According to an interview with United States Border Patrol Agent Vanessa
Martinez (El Paso Sector), Border Patrol agents are trained to use the appropriate amount of
force to conduct their duties. Agents will use the proper amount of force necessary in an attempt
to deescalate all situations while serving and protecting. Every situation is based on the totality

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of the circumstances. (personal communication, November 5, 2012) The use of deadly force is
always the last resort and only used when either their own life, another agents life, or a civilians
life is in the threat of danger or death. In 2010 a 15-year old Mexican boy was shot by a Border
Patrol agent in El Paso, TX, and the agent had opened fired on the boy because he and a group of
boys were throwing rocks while the agent was arresting and undocumented immigrant that
crossed over the border illegally. The agents life and the civilians life were in danger from the
rock which caused the agent to open fire. The 15-year old boy was killed and investigations
showed that the agents use of deadly force was justified. However, later on the family filed a
lawsuit against the agent. The U.S Department of Justice launched an investigation which
included interviews with more than 25 civilians and law-enforcement witnesses, along with
taking into account of the evidence that constituted the agents reasonable use of force, and they
determined that charges could not be pursued because accident, mistake, misperception,
negligence and bad judgment were not sufficient to establish a federal criminal civil rights
violation (Llorca, 2012). Many advocates and the Mexican public were upset with the decision
and this goes to show that even though deadly force can be justified the outcome may not be
justified for others.
Police Officers
Police officers are out in the line of duty everyday patrolling the streets and
ensuring that they keep a positive image with the community. However, the apprehension of
criminals and their line of work can lead to cases where officers may have to use deadly force.
Police officers are expected to protect and serve, although when an officer injects the use of
deadly force it is often scrutinized. Police officers have to articulate, explain and justify their
actions. If they are unable to justify the use of deadly force it can lead to civil liability or criminal

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charges. The community often feels like other actions could have been taken rather than
administering the use of deadly force. In order for police officers to keep a positive image with
the community investigations must be upheld to ensure an officers use of deadly force is
justified, but an officers perception of how these interviews are conducted can be different.
According to the Federal Bureau of Investigation (FBI) (2010), Interview conducted with
officers who have been involved in shootings have revealed that while many were well trained
for the vent, they often were not prepared for the investigation afterward. Some believed that
these investigations centered on finding something that officers did wrong so they could be
charge with a crime or a violation of departmental police. Others felt that the investigations were
for the protection of the agency and not necessarily the officers involved. These investigations
are done to ensure that officer-involved shootings are justified and ensure that the publics
perception stays positive and does not cause civil unrest. Although often times the community
feels that an officers shooting was unjustified and other actions could have been taken.
Conclusion
Law enforcement officers whether local, state, or on the federal level all have the
option to resort to using deadly force if their own life, a partners life, or civilians life is in
danger. It is important that law enforcement officers understand that this should be a last resort
and that they are able to justify why they took that approach. An officer may be trained before
entering the line of duty but often times an officer is not trained for when they must take a life
and the investigation that follows. Using deadly force can hurt an officer mentally and even earn
an officer a bad reputation with the community and sometimes the department itself. It is
difficult to justify the use of deadly force and appeal to everyone in the community and
departments that launch investigations upon officers that assert deadly force, but when it comes

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to the use of deadly force there is no way of appealing to everyone. The best an officer can do is
ensure that he can justify the use of deadly force and be able to carry out his duties and protect
others.

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References
Federal Bureau of Investigation (FBI). (2010). Police Investigations of the Use of Deadly Force
Can Influence Perceptions and Outcomes. Retrieved from http://www.fbi.gov/statsservices/publications/law-enforcement-bulletin/january-2010/police-investigations-of-the-use-ofdeadly-force
Llorca, J.C. (2012). Fatal Border Shooting: U.S. Agent Fires Across The Border, Allegedly Kills
Mexican Citizen. Retrieved from http://www.huffingtonpost.com/2012/09/06/fatal-bordershooting_n_1862479.html
US Legal. (2012). Use of Deadly Force Law & Legal Definition. Retrieved from
http://definitions.uslegal.com/u/use-of-deadly-force/