Use of Force Doctrine in Missouri

Use-of-force law in Missouri refers to the law & legal doctrine which determine whether a member of law enforcement in the state of Missouri is justified in the amount of force used to gain control of an unruly situation or person, including situations involving death. In the United States, doctrine about use of force is primarily defined by the individual states, although there have been some Supreme Court decisions of limited scope.

Missouri's legal experts have said the use of force laws in Missouri are considered more officer-friendly than that in other states. Such laws have come under national scrutiny in the wake of the shooting of Michael Brown in 2014.

Current law governing use of force is specified in Missouri Revised Statutes chapter 563, which differ substantially from the laws of neighboring states.

In the course of their duties, law enforcement personnel use force to subdue suspects. The use of force consists of two parts: the amount of force that may lawfully be used on a continuum that includes deadly force; and the circumstances under which it may be used, including the level of imminent threat reasonably perceived by the member of law enforcement and the concern that a fleeing felon may harm the public. Doctrines are intended to balance security needs with ethical concerns for the rights and well-being of intruders or suspects. In the event that members of the public are injured, this may give rise to issues of self-defense as a justification. In the event of death during a reasonable use of force, this may be legally considered a justifiable homicide. The application of excessive force is considered Police brutality.

State police in the United States are generally given considerable leeway in making the decision about the amount of force needed to save themselves or others. While there is no national definition, the United States Supreme Court has created legal standards for use of force through two key decisions. “Objective reasonableness" is a concept from the 1985 Tennessee v. Garner decision that stated that police officers could not shoot at a fleeing suspect simply to prevent their escape but only if the suspect posed a significant threat of death or serious harm to the community. In the 1989 decision of Graham v. Connor, the court ruled that “the reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must embody an allowance for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation." Current local and state doctrines vary in defining these decisions and are tested in civil lawsuits and criminal prosecutions on a case-by-case basis. If a case where the use of force has been applied unevenly based on a suspect's race, sex, disability, religion, or national origin, the Civil Rights Division of the United States Department of Justice is empowered to bring charges for breaking Federal law governing civil rights. When the Department of Justice investigates a pattern of use of force abuses, it can work with a state or agency to create new policies that align with national law and precedent.

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