Defensive Killing by Police: Analyzing Uncertain Threat Scenarios

Abstract

In the United States, police use of force experts often maintain that controversial police shootings where an unarmed person’s hand gesture was interpreted as their “going for a gun” are justifiable. If an officer waits to confirm that a weapon is indeed being pulled from a jacket pocket or waistband, it may be too late to defend against a lethal attack. This article examines police policy norms for self-defense against “uncertain threats” in three contexts: (1) known in-progress violent crimes, (2) interactions with civilians behaving non-aggressively, and (3) interactions with civilians behaving aggressively. It is argued that the context of a known in-progress violent crime gives rise to threat probability-, fairness-, and lesser evil-based reasons for a norm permitting police officers to use lethal force. However, in the contexts of civilians behaving non-aggressively and civilians behaving aggressively, such a norm is not justifiable. In the former case, I introduce two conditions, the Justification condition and the Valuing Civilian Lives condition, which I argue are not presently met. In the latter case, these two conditions again not met; aggression may moreover be excused or justified due to background injustices around race and the criminal justice system.