Lethal Force at Home and Abroad

28 Pages Posted: 3 Oct 2017 Last revised: 18 Apr 2018

See all articles by Daniel Loehr

Daniel Loehr

New York University (NYU), School of Law, Students

Date Written: March 13, 2018

Abstract

This Article compares the legal treatment of lethal force exercised by the President with the legal treatment of lethal force exercised by police officers. In doing so, it examines the distinction between the crime paradigm and the war paradigm, complicates assumptions about when our rights as citizens are the strongest, and offers lessons about how to create meaningful constraints for lethal force. The Article concludes descriptively that when contemplating lethal force, the President is subject to more constraints than are police officers. Two insights follow from this claim. First, lethal force is an exception to the assumed rule of broader rights and limited government in the crime paradigm. Second, the relative utility of ex ante regulation for the President provides yet another reason to improve ex ante regulation for the police.

Suggested Citation

Loehr, Daniel, Lethal Force at Home and Abroad (March 13, 2018). New York University Review of Law & Social Change, 2018, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3046318

Daniel Loehr (Contact Author)

New York University (NYU), School of Law, Students ( email )

New York, NY
United States

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