When analyzing the use of force, it is important to answer two questions: Is the force used reasonable? Does the situation warrant the use of said force? These two questions have become important particularly with the Supreme Court determination on the Graham v. Connor case, which made a decision on cases that involved the use of force. This determination affects future cases and how jurors and the courts of law will determine such cases and provide a blueprint on how the judicial process is undertaken in such matters. This paper will indicate the influential case of Graham v. Connor and examine it thoroughly by comparing it with other cases that have a similar outlook. All this is to understand the standards that police officers are held to, …show more content…
This must be directly related to the reason that for detaining the suspect. This application must be based on the situation of the arrest or the case in which force was used, rather than the wording of laws and judicial determinations. The reasonableness of the force used by the officer in question is evaluated by coworkers, superiors, civilians or a jury; expert witnesses can also be used in this evaluation. There is a double standard when assessing reasonable force, such as, the officer has to act aggressively to prevent loss of life or harm, whether it is the officer’s or civilian’s, while enforcing the law. On the other hand, officers are expected by the citizens to show restraint. Therefore, the reasonable or unreasonable nature of an officer’s actions can often result in different opinions and views on such a …show more content…
Whether the reasons are legitimate or unwarranted, it indicates the influence that the Graham v. Connor case has had, and continues to have, on proceedings and deliberations that take place pertaining to the use of reasonable force. In the first case, the officers acted in a forceful way as it was six police officers arresting one suspect with a knife. The police officers went a step further to deem the suspect dangerous and wrestled the suspect to the ground so as to immobilize him. This may have gone to court only as far as a wrongful arrest were it not for the death of the suspect while in custody that caused their indictment. Without examining the intent of the officers in the case and looking at only the events of the arrest, it would be simple enough to state that the officers feared the suspect would attack them. The officers were, however, charged with false imprisonment as the effort they put into the arrest did not warrant such a reaction.
In the second case, the officer may have acted in self defense, as the suspect attacked the officer before the shooting, which would be reasonable to fear for his safety as the boy was moving towards him. There was no way to know the intent of the suspect and if the suspect was carrying a weapon or not indicating that the officer did not show any bias in acting as he did. The officer may have assessed the situation and deemed it necessary
Happening in today’s society, there have been countless number of citizens being killed by law enforcement. Some situations may not cause for force and others may. This case can be a reference in regards to making sure that the force you use is appropriate for the situation. As for the justice system, it is all about being fair and listening to both sides and issuing out the right punishment if there is any. Many people in today’s time needs to get educated when it comes to the reason behind why law enforcement uses force to handle the situations they have to deal with. But in the end it all comes down to right and
Over the years, our nation has witnessed countless cases of police brutality. It has developed into a controversial topic between communities. For instance, deindustrialization is the removal or reduction of manufacturing capability or activity can lead to more crimes when people are laid off. Police officers are faced with many threatening situations day-to-day gripping them to make split second decisions; either to expect the worst or hope for the best. The police are given the authority to take any citizen away for their action that can ruin their lives. With that kind of power comes great responsibility, which is one main concern with the amount of discretion officers have is when to use lethal force. The use of excessive force might or
In this situation the officer was actually justified to kill the sniper. The theory I based my views on this matter is consequentialism. This case reminds me of a very similar one where Charles Whitman, an engineering student, wounded with a rifle over thirty people at the University of Texas at Austin, killing thirteen others. As well as the case I chose, he was also killed by a police officer. In the first place, the sniper in the story had already killed three people,
Crime is a part of society encompases the news and the public. A variety of studies of media content have estimated that as much as 25 percent of the daily news is devoted to crime (Surette 1992) and that crime is the largest major category of stories in the print and electronic media (Chermak 1994, 103). (Lawrence 18). With crime at an all time high, police are constantly having to deal with more and more issues. This can lead to stressed out and fed up officers, which can lead to poor decisions by an officer. The use of force by police is a highly controversial topic as it raises questions about a government’s ability to use force against its citizens (Lawrence 19). Today’s society is caught up on the ideals of civility and equality before the law, making police use of force a touchy
Police brutality is a very real problem that many Americans face today. The police carry an enormous burden each day. Police work is very stressful and involves many violent and dangerous situations. In many confrontations the police are put in a position in which they may have to use force to control the situation. There are different levels of force and the situation dictates the level use most of the time. The police have very strict rules about police use force and the manner in which they use it. In this paper I will try to explain the many different reason the police cross the line, and the many different people that this type of behavior effects. There are thousands of reports each year of assaults and ill treatment against officers who use excessive force and violate the human rights of their victims. In some cases the police have injured and even killed people through the use of excessive force and brutal treatment. The use of excessive force is a criminal act and I will try and explore the many different factors involved in these situations.
For example, according to Dara lind “Officer’s aren’t supposed to shoot to kill. They’re supposed to do whatever is necessary to disable the threat”(Lind). Whenever an officer gets caught up in a difficult situation where deadly force is needed for the most part officers do shoot to kill because they feel like there life is in danger themselves. Yes like they said they are supposed to do whatever is necessary so therefore if shooting to kill someone is necessary to them then for police officers it is the right thing to do. But in reality in some occasions deadly force by a cop resulting in someone’s death is not needed and there should be other alternatives to handle difficult problems like that. In addition, “Usually, the point from where the officer believes he has to use deadly force to the point where he uses deadly force -- where he pulls
The Tennessee v. Garner case impacted law enforcement agencies today by utilizing the Fourth Amendment right of not using deadly force to prevent a suspect from fleeing unless the officer is in imminent danger of their life. Consequently, before this was set into place, an officer had the right to use deadly force on a fleeing suspect by all means.” The first time the Court dealt with the use of force was in Tennessee v. Garner, in Garner, a police officer used deadly force despite being "reasonably sure" that the suspect was an unarmed teenager "of slight build" who was running away from him” (Gross,2016). Whereas, with Graham v. Conner case was surrounded around excessive force which also has an impact on law enforcement agencies in today’s society as well. “All claims that law enforcement officers have used excessive force deadly or not in the course of an arrest, investigatory stop, or other “seizure” of s free citizen should be analyzed under the Fourth Amendment and its “reasonableness” standard” (Doerner,2016).
Was the intrusion based on a lawful objective, such as a valid arrest, detention, search, frisk, community warden guardian of mentally ill, defense of an officer or a citizen, or to prevent escape? If these answer yes then an officer may have legal ability to use the levels of force listed below to apprehend the suspect. Another list of things to consider when determining if it was a lawful use of force is; was the use of force relative to the person’s confrontation? Was there a crucial need to terminate the condition? Even though there is no duty to retreat, could the officer have used lesser force and still safely accomplish the lawful objective? These are the questions that the jury need to answer to determine if they should side with or against the officer in any court case brought to them that deals with such a controversial topic as this.
Police use discretion through weighing the costs and benefits of each situation (Wilson, 1968). The helpfulness of their choice is much more important than obeying their duty or moral. Thus, when normal force is explained it is done under the pretense of justifiably. To recap, normal force is simply the force used under police discretion that is neither legally taught nor brutal (Hunt, 1985). Normal force is justified by taking responsibility for their actions, yet denying they were wrong because of situational or abstract events. At other times officers use excuses for normal force and recognize their use of force as inappropriate. They will recall emotional or psychological states as a reason for such inappropriate actions.
Most law enforcement agencies have policies that determine the use of force needed. The policies describe the escalating series of actions an officer can take to resolve a situation, first level is officer presence which means no force is used, and just the mere presence can reduce
Over the years, this country has witnessed many cases of police brutality. It has become a controversial topic among communities that have seen police brutality take place in front of their homes. Officers are faced with many threatening situations everyday forcing them to make split second decisions and to expect the worst and hope for the best. Police officers are given the power to take any citizens rights away and even their lives. With that kind of power comes responsibility, that’s one major concern with the amount of discretion officers have is when to use force or when to use lethal force. The use of excessive force may or not be a large predicament but should be viewed by both the police and the community.
Stetser, Merle (2001). The Use of Force in Police Control of Violence: Incidents Resulting in Assaults on Officers. New York: LFB Scholarly Publishing L.L.C.
Skolnick, J., Fyfe, J. (1993) Above the law: Police and the Excessive use of force. United States: The Free Press
Gul, Zakir, Hakan Hekim, and Ramazan Terkesil. “Controlling Police (Excessive) Force: The American Case.” International Journal of Human Sciences 10.2 (2013): 285-303. Academic Search Premier. Web. 12 Mar. 2014.
This paper compares and contrasts popular opinions and professional assessment of police brutality and acceptable use of force. This is not only a sensitive subject, but one that proves hard to identify. The main takeaway is that each encounter is different. Within each situation, the details and contributing factors are also different. Police have to serve the public and are entrusted with an inherent amount of power. The line when that use of power becomes abuse of power is not always so easily defined. There are occasions where the evidence shows a clear abuse of power by the police. There are instances where the public opinion views a situation as excessive, however, the police are following acceptable practices and procedures.