Unintentional gunshot during police intervention

• Published in: Archiv fur Kriminologie Vol. 207; no. 1-2; p. 1
• Main Authors: Janssen, W, Kulle, K J, Gehl, A, Püschel, K
• Format: Journal Article
• Language: German
• Published: Germany 01.01.2001
• Subjects: Accidents - legislation & jurisprudence; Adult; Germany; Homicide - legislation & jurisprudence; Humans; Male; Middle Aged; Police; Violence - legislation & jurisprudence; Wounds, Gunshot - mortality; Germany
• ISSN: 0003-9225

33 cases of unintentional handgun use by police officers during operation since 1983 in Northern Germany have been evaluated. These cases have been selected from our own investigations and from prosecutors' and police departments' files and records. It was intended to find out criteria for forensic expertise. The unintended use of a handgun was always influenced in a decisive and causal manner by the behaviour of the delinquents (resistance, assault, escape). The confrontation of the police officer with the violence of aggressive offenders was of immediate importance for triggering the shot in various kinds of police operation. Sensorically caused, reflex muscle contractions as a consequence of a great effort, a loss of balance or fright when simultaneously protecting oneself with weapon in hand can be made responsible for the unvoluntary shot. In 10 cases (30%) persons were injured, 2 times lethally. As a whole, the consequences were of random nature, they could be explained by the series of actions in each case. The type and technical state of the weapons in use have not influenced the unintentional use. A behaviour of the police officers offending against the legally required care was stated in two of the investigated cases. Considering our investigations and the many policemen killed in duty we state that securing oneself in time with a weapon at the ready in critical phases of operations cannot be successfully replaced by any other method of self defense.