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A plain reading of the statute would seem to indicate that police are authorized, perhaps even duty-bound, to use dead- ly force against fleeing felons who match the criteria listed above. This law is currently on the books and seemingly in full effect. However, in reality, any police officer who shoots a flee- ing felon today will be chastised, fired and possibly charged criminally.
The media will not mention the aforementioned statute out of fear of undoing the false narrative it has perpetuated. Department leaders will act as though this law never existed. Prosecutors and politicians will distance themselves from ac- knowledging the existence of the justifying statute for fear of being cloaked with responsibility.
Public perception of the police has changed over the years, and politicians have always had a unique ability to pander to their constituents. For example, in 1922, the Illinois Supreme Court outlined the common-law rule applicable to the use of deadly force by a police officer in effectuating an arrest. In Peo- ple v. Klein, 305 Ill. 141, 146-47 (1922), the court held that, “[a]n officer, generally, may use a deadly weapon, even to the extent of taking life, if necessary to affect the arrest of a felon, for the reason that the safety of the public is endangered while such felon is at large...”
In 1961, when enacting the use-of-force statute, the legisla- tive committee stated that “the peace officer should be autho- rized to act even if the offender has not actually used or ap- parently threatened to use the weapon: the normal inference is that he intends to use it to thwart apprehension.” The pub-
lic certainly believed that they needed to be protected from dangerous people who openly defy law enforcement. Percep- tion has changed of late, and public opinion of the police has plummeted.
Today, armed criminals who have attempted to kill innocent people are permitted to storm through neighborhoods and ignore lawful commands by police. Enforcement is dead. Po- lice are expected to monitor the situation and hope the crim- inal gets tired and gives up before harming someone. De-es- calation reins, and the pendulum swing representing public opinion remains firmly one-sided. The path to reversal seems distant. More than ever, the defense of a police officer’s use of force is seen as political suicide and rarely done.
In response to the critics’ public lynching of police officers, I hoped for someone to point to this law and acknowledge the justifications set forth therein to mitigate the situation. Unfor- tunately, the elephant in the room remains ignored. I wanted at least one politician to admit that his or her predecessors enacted a law that instructed police to shoot fleeing felons. I expected a robust debate among the current legislature about the law being outdated and possibly repealing it. Sadly, none of this happened. The front has been unified with intentional blindness.
One thing is clear: the law does not mean what it says, be- cause politicians will never admit to saying what they said. Forget the law books — the law of public opinion is supreme. How’s that for transparency?
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