Also known as: uses of deadly force · used deadly force · using deadly force · deadly force · lethal force
Written by attorneys · grounded in primary & secondary sources — see below
Force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm. The term encompasses both the intentional application of lethal force and conduct creating a high probability of death or grave injury.
Select any source to read its text and confirm it supports the definition.
Ulysses Ulrich confronted an assailant who brandished a knife. Ulysses honestly but unreasonably believed the attacker was about to strike a fatal blow and fired his pistol, killing the man. The jurisdiction recognizes that an honest though unreasonable belief in the necessity of deadly force reduces what would otherwise be murder to voluntary manslaughter.
Ursula Ureña watched as an intruder struck her adult son with a metal pipe. She immediately seized a nearby crowbar and struck the intruder in the head, causing death. The serious battery inflicted on her son supplied the adequate provocation that courts most frequently recognize when evaluating claims that deadly force was used under heat of passion.
Ulric Unger, an unarmed burglary suspect, fled from officers after they ordered him to stop. An officer fired at Unger’s back, killing him. The shooting constituted a Fourth Amendment seizure that was unreasonable because the felon posed no threat of death or serious harm and deadly force was unnecessary to prevent escape.
Uma Upadhyay was convicted after using a firearm during a robbery that resulted in serious injury. The sentencing court treated the discharge of the weapon as use of deadly force when calculating the guideline range. The calculation reflected the statutory enhancement triggered by the actual employment of force creating a substantial risk of death or serious bodily harm.
Ulrike Ulrich fled police at high speed through city streets, endangering bystanders and officers. An officer executed a precision immobilization technique that caused Ulrich’s vehicle to crash, resulting in fatal injuries. The maneuver was a reasonable Fourth Amendment seizure because the driver’s conduct posed an immediate threat to life.
Ursula Upton, riding a subway car, believed several youths were about to rob and assault him. He drew a concealed pistol and fired multiple shots, killing one and wounding others. The jury evaluated whether his honest belief that deadly force was necessary supported a justification defense under the governing self-defense standard.
In some jurisdictions an honest but unreasonable belief that deadly force was necessary in self-defense mitigates what would otherwise be murder to voluntary manslaughter. The belief must be genuinely held even though it fails the objective reasonableness test. The doctrine supplies an independent ground for mitigation separate from provocation analysis.
Courts most frequently recognize adequate provocation when the defendant suffers a serious battery, faces a threat of deadly force, or discovers a spouse engaged in sexual relations with another person. A serious battery inflicted on a close relative also qualifies. Mere words or trivial contact remain legally inadequate.
…to use " all the necessary means to effect [an] arrest.'" The Court held the statute unconstitutional insofar as it allowed the use of deadly force against an unarmed, nondangerous suspect; but it declined to invalidate the statute on its face, specifically noting that the statute could be applied constitutionally in other…
…excessive for felony murder when defendant did not take life, attempt to take life, or intend that a life be taken or that lethal force be used
…Burger, C. J., and Rehnquist, J., joined. Syllabus This case requires the Court to determine the constitutionality of the use of deadly force to prevent the escape of an apparently unarmed suspected felon. It also requires the Court to determine the constitutionality of a Tennessee statute that authorizes the
…a serious offense that merited severe punishment. It was not, however, a capital offense, or even an offense that justified the use of deadly force
…began by noting that at the time Cotton shot Tolan, “it was . . . clearly established that an officer had the right to use deadly force
Deadly force is reasonable only when the felon threatens death or serious bodily harm and deadly force is necessary to prevent escape. An officer may not use deadly force against an unarmed, nondangerous fleeing felon. The seizure must also satisfy Fourth Amendment standards of objective reasonableness under the totality of circumstances.
Deadly force means force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm. Purposely firing a firearm in the direction of another person constitutes deadly force. A threat to cause death or serious bodily harm does not constitute deadly force when the actor’s purpose is limited to creating apprehension.
The use of deadly force to effect an arrest is justifiable only when the arrest is for a felony, the actor is authorized to act as a peace officer or assisting one, the actor believes the force creates no substantial risk to innocent persons, and the actor believes the crime involved the use or threatened use of deadly force or that the person poses a substantial risk of death or serious harm if apprehension is delayed.