Thursday, July 30, 1998



In the Line of Fire

Sometimes it's kill or be killed.
Other times the circumstances surrounding
a police shooting are less clear.
In 10 incidents since 1994—
four this year—11 people have
been shot by HPD officers. In
some of the shootings, controversy
still lingers. Here is a look at each
of the 11 shootings.

Tapa

The HPD policy
on the use of force

As of Feb. 13, 1998

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Police officers may use reasonable force to effectively bring an incident under control, while protecting the lives of officers and others. All applications of force shall conform with the constitutions and laws of the United States and Hawaii and the legal statutes of Hawaii.

Three factors are involved in determining reasonableness:

bullet Severity of the crime: The more serious the crime or severe the offense, the higher the justification for the use of force. An individual's right to privacy and physical integrity will be weighed against the police department's legitimate interest in taking action against the person.

bullet Level of threat: The more immediate the threat to the safety of the officer or others, the higher the justification for the use of force.

bullet Subject's behavior or level of resistance: The greater the level of resistance, the higher the justification for greater use of force.

Police Guide

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Unreasonable force

Unreasonable force is not justified or condoned by the department. Unreasonable force is defined as the use of force which is not reasonable or justifiable by the circumstances of the particular event. The use of force need not be excessive to be deemed unreasonable, as in situations that do not require any use of force. Officers may be held liable under the constitutions, laws and directives for using unreasonable force.

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Deadly force

"Deadly force is used with the intent of causing, or which the actor knows will create a substantial risk of causing, death or serious bodily injury. It does not include force that is not likely to cause death or serious injury, but which unexpectedly results in such. Deadly force shall be used only when an officer reasonably believes that it is necessary."

The use of deadly force is justified:

To prevent commission of a crime when officer believes:

bullet There is substantial risk that person committing crime will cause death or serious bodily injury to another unless the commission or consummation of the crime is prevented; and

bullet That the use of such force presents no substantial risk of injury to innocent persons.

To effect an arrest when:

bullet The arrest is for a felony; and

bullet The person effecting the arrest is a police officer or assisting one; and

bullet The officer believes that the force employed creates no substantial risk of injury to innocent persons; and

bullet The officer believes that the crimes for the arrest involve the use or threatened use of deadly force, or there is a substantial risk that the person to be arrested will cause death or serious bodily injury if apprehension is delayed.

To protect himself or herself against death or serious bodily injury.

To destroy an animal when:

bullet The officer has reasonable grounds to believe that the animal is so severely injured that there is no probability of saving its life or usefulness; or

bullet The animal attacks and endangers an officer or another.

The use of deadly force is not justified to:

bullet Fire a warning shot.

bullet Apprehend a fleeing offender, except as permitted by law.



Source: Honolulu Police Department

Information taken from police and news reports.
Drawings are a Star-Bulletin artist's conception based on those reports.
Distances and relative locations are approximate.

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Reporting By Jaymes K. Song
Graphics By David Swann
Star-Bulletin



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