KEY FEATURES • A brief introduction to the U.S. judicial system and to the public policy dimension of judicial decisions provides context for the material. • Criminal and regulatory laws are presented with contrasting views on various contemporary public policy issues, including assault weapons, hate crimes, stand your ground laws, police use of deadly force, and much more. • A question for debate and learning objectives appear at the beginning of each chapter. The debate format features contemporary topical issues that engage students and ask them to consider various points of view. • Brief essays introduce students to each debate and put the issue into context to help students understand how policy issues arise in criminal justice and law. • Summaries of the positions follow the debate sections to ensure students have a clear understanding of the contrasting arguments. • “You Decide” exercises and discussion questions appear at the end of each debate to give students the opportunity to apply what they read to new and novel situations.
Chapter 2.5: Criminal Defense: The Fleeing Felon Rule
Criminal Defense: The Fleeing Felon Rule
Should the Police Use Deadly Force Against Felons Fleeing Nighttime Burglaries?
- Understand how the Fourth Amendment applies to police use of deadly force.
- Know the fleeing felon rule and its historic origins.
- Comprehend the holding in Tennessee v. Garner and explain the importance of the decision.
- State the arguments for and against the fleeing felon rule.
Oppose Common Law Fleeing Felon Rule
Justice Byron White, majority opinion, Tennessee v. Garner, 471 U.S. 1 (1985)
Support Common Law Fleeing Felon Rule
Justice Sandra Day O’Connor, dissenting, Tennessee v. Garner, 471 U.S. 1 (1985)
The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and seizures and provides that arrest and search warrants shall be based on probable cause. The Fourth Amendment ...