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The use of deadly force in arresting criminals

Please review Tennessee v Garner at the following web site

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?friend=public&navby=case&court=us&vol=471&invol=1

How would the Masters Saint Augustin and Aristotle evaluate the use of deadly force to stop a fleeing felon?

The use of deadly force in arresting criminals

The use of force in arresting criminals has been noted in many cities in the United States. This has resulted to killing of innocent people due to mistaken identity. Such a case happened in Tennessee when a police officer shot dead a person, mistaking him with a suspect. The officer is accused of using deadly weapons to kill an unarmed suspect. According to Aristotle and Saint Augustin, it is unconstitutional to use deadly force in dealing with criminals (Finlaw, 2007).

Again, the officer could have considered that the suspect was fleeing without any arm in his hands. They feel that a police officer should only use force in a case where the suspect is armed, therefore posing danger to the officer. The two masters feel that the court has a constitutional right to determine the use of deadly arms in preventing an unarmed suspected criminal from escaping (Winright, 1995).
However, Aristotle and Saint Augustin feel that whatever the reason, it is unconstitutional to use force in preventing a suspect from escaping. Instead, suspects should be arrested and taken to court. If they are guilty, they serve their jail term. If they are not guilty, they should be released peacefully. Deadly force may only be used if the suspect threatens to inflict the officer to serious physical injury (Finlaw, 2007).

Officer Hymon used deadly force because he thought that the suspect had committed burglary. Although burglary is a serious offense, it is not a justification of using deadly force to a felony suspect. In addition, according to the FBI, burglary is considered as a property crime, not a violent crime (Finlaw, 2007). In its part, the District Court feels that Hymon had a right to use deadly force since the Federal constitution has not lawfully forbidden the act.

References
Finlaw (2007). U.S. Supreme Court. TENNESSEE v. GARNER, 471 U.S. 1 (1985). Retrieved from http://caselaw.lp.findlaw.com/cgibin/getcase.pl?friend=public&navby=case&court=us&vol=471&invol=1
Winright, T. L. (1995). The perpetrator as person: Theological reflections on the just war tradition and the use of force by police. Criminal Justice Ethics, 14(2), 37-56.

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