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Deadly force

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Deadly force or "shoot to kill" is that level of force which is inherently likely to cause death or great bodily injury. Firearms, bladed weapons and explosives are among those weapons the use of which is considered deadly force.

"Use of deadly force" is often granted to police forces when the person or persons in question are believed to be an immediate danger to people around them. For example, an armed man in a shopping mall shooting at random without regard to the safety of the people around him, and refusing or being unwilling to negotiate, would likely warrant usage of deadly force, as a means to prevent further danger to the community. In the United States this is governed by Tennessee v. Garner, which said that "deadly force...may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others." In Australia, it has recently been proposed that Police officers should have this power when a person might in the future pose a threat to others (Australian Anti-Terrorism Bill 2005).

In general, all armed bodies, be they the police or military or some offshoot thereof, have the ability to issue authorization for the usage of such force. Self-defence resulting in usage of deadly force by a civilian or civilians against an individual or individuals is often subject to examination by a court if it is unclear whether it was necessary at the point of the offence, and whether any further action on the part of the law needs to be taken.

Some legislation, such as the Ley de Fugas of the Spanish Restoration, has authorized deadly force against escapes. However, this was often abused as prisoners were shot dead in cold blood and then said to be trying to escape.

The law

For a general discussion on the policy and theory underlying the defence of self-defence and the defence of others, see the Theory of Self-Defence. For a more detailed discussion of the right to use force in the prevention of crime, whether as a private citizen, police officer or member of the armed forces, see use of force, self-defence in English law, Australian law, Swedish law, U.S. law, and defense of property and, for comparative purposes, see *Keebine-Sibanda, Malebo J. & Sibanda, Omphemetse S. "Use of Deadly Force by the South African Police Services Re-visited". [1].

See also