Venue: |
SCOTUS
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Facts: |
Garner was burgling, and was caught, unarmed in the back yard while
making a getaway. He tried to climb a fence, and an officer
shot him, fatally, in the back of the head. |
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Posture: |
Not clear; it's heavily edited. Looks as though the court of
appeals held for the plaintiff, but not clear what happened
at trial. |
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Issue: |
Is it constitutional to use deadly force to prevent the escape of
an unarmed suspected felon? |
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Holding: |
As a rule, no. |
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Rule: |
Deadly force is the most intensive sort of seizure, and it's not
better that suspects die than that they get away. |
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Reasoning: |
Need to balance judicial determination of guilt and punishment,
as well as interests of society and the individual in
staying alive, with the government's interest in efficient
law enforcement. |
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Dicta: |
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