Forcible felony

Some states have adopted a "forcible felony rule", under which police are only authorized to use deadly force to apprehend people suspected of forcible felonies.[1] Prior to the Supreme Court's 1985 decision in Tennessee v. Garner, this was a minority position, and many states authorized deadly force to apprehend any fleeing felon.[2]

Many jurisdictions came to adopt the forcible felony rule for vehicular pursuits as well.[3]

Many states authorize the use of lethal force to prevent the commission of a forcible felony against oneself or others. These include Florida,[4] Illinois,[5] Oklahoma[6] and Utah.[7]

Florida defines forcible felonies to include treason and burglary as well as violent felonies.[8] Forcible felonies are subject to mandatory minimum sentences under the state's 10-20-Life law.[9]

In addition to violent crimes, forcible felonies under Illinois law include burglary, residential burglary, and treason.[10] Any felony may be a forcible felony under Illinois law if the felony "involves the use or threat of physical force or violence".[11]

The Illinois rule for felony murder defines any killing that occurs in the commission of a forcible felony as first-degree murder, regardless of intent (unless the felony itself is second-degree murder). A 2021 reform included in the SAFE-T Act narrowed that rule to require that one of the participants in the felony have "caused the death of a person".[12]

In 2018, Illinois was the first state in the US to adopt legislation recognizing postpartum depression and postpartum psychosis as mitigating factors in forcible felonies.[13] The legislation applies to criminal sentencing as well as post-conviction relief.[14]

• Tennenbaum, Abraham N. (1994). "The Influence of the Garner Decision on Police Use of Deadly Force". Journal of Criminal Law and Criminology. 85 (1): 241–260. doi:10.2307/1144118. JSTOR 1144118.