One common misconception that is probably becoming something of an urban legend in the media is that an officer shooting an assailant in the back has committed some heinous crime. This is most often brought up in high-profile incidents. In its wisdom, the media or other activists decide to make the entry point of the bullet in a deceased individual, the condemning factor and proof of officer wrongdoing. I rarely hear common sense in these issues until someone like Bill Lewinski of the Force Science Institute comes forward. Bill and his organization has done scientific studies to explain how our reaction time would very possibly make us hit a subject in the back when we initiate the action facing an assailant! Many Chuck RemsburgCalibre Press Newsline articles have addressed this very subject over the years, explaining a lot of autopsy results released to the public.
But what about intentionally shooting someone in the back? Does a bad guy get to shoot at us or commit a violent crime and just run away? Does the fact that our only shot is a back-shot stop our hand? Does the Supreme Court say we can't shoot fleeing dangerous suspects? What the Court says about fleeing felony suspects: “The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better that all felony suspects die than that they escape. Where the suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so. It is no doubt unfortunate when a suspect who is in sight escapes, but the fact that the police arrive a little late or are a little slower afoot does not always justify killing the suspect. A police officer may not seize an unarmed, nondangerous suspect by shooting him dead. The Tennessee statute is unconstitutional insofar as it authorizes the use of deadly force against such fleeing suspects.
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