I Thought He Had a Gun: Amending New York's Justification Statute to Prevent Police Officers from Mistakenly Shooting Unarmed Black Men

Authors

Toussaint Cummings, Benjamin N. Cardozo School of Law

Abstract

The note advocates for reforming the legal standards governing police use of deadly force, particularly in cases involving unarmed Black men. It argues that racial stereotypes and implicit biases significantly influence officers' decisions to shoot, leading to unjustified shootings. The author proposes eliminating the subjective component of the justification defense, focusing instead on objective reasonableness and incorporating social science research to address these biases. The reforms aim to hold police accountable and promote justice by valuing Black lives equally.

Disciplines

Civil Rights and Discrimination | Law | Law Enforcement and Corrections | Torts

Recommended Citation

Toussaint Cummings, I Thought He Had a Gun: Amending New York's Justification Statute to Prevent Police Officers from Mistakenly Shooting Unarmed Black Men, 12 Cardozo Pub. L. Pol’y & Ethics J. 781 (2014).
Available at: https://larc.cardozo.yu.edu/cplpej/vol12/iss3/7