The use of force, particularly with correlation to officer morale and/or inadequate education/training, has become particularly problematic. Measures should be taken to reduce the injury to suspects, particularly physical injury resulting from poor officer tactics or malicious intentions not related to upholding the law. These are problems, which, if properly handled and rectified, will result in improved officer morale, improved relationships with the public as well as ensure a continued upstanding reputation for the oldest police force in the nation.
Use of Electronic Control Devices (ECD’s) such as the widely used taser X26 at the discretion of police officers can be a very useful tool in order to temporarily disable and obtain custody of a non-compliant suspect. When used appropriately it can even reduce the risk of a suspect physically harming the officer, himself or others through temporary physical incapacitation. However these devices need not be used unnecessarily, and officers who do employ their use liberally and without just cause should not go without appropriate disciplinary measures proportionate to the magnitude of the situation. I would like to shed light on a few examples of ECD use where officer discretion have come under scrutiny.
The October 2013 use of a taser on an 8 year old South Dakota girl who was threatening to harm herself has recently raised many eyebrows. Questions have been raised as to whether the age of the suspect should play any part in the decision to fire an ECD due to the small size of a child and the powerful electrical force of these weapons. Taking into consideration the obvious metal fragility of this child, one must consider the risk of considerable emotional trauma to the child ...
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...Web. 28 Feb. 2015.
https://www.bostonglobe.com/metro/2014/02/16/homicide-bridgewater-state-hospital-raises-profound-questions-about-care-for-mentally-ill/TqgMJdNZ8SPjLcFQ6hRkTN/story.html
JT122333. (2009, Aug 13). Mom in minivan tasered twice in salina traffic stop; camera captures deputy’s rough roadside arrest. Web. 28 Feb. 2015.
http://ireport.cnn.com/docs/DOC-313749
Associated Press. (2009, 12 15). Report: $75g for woman tasered by cop. New York Post. Web. 28 Feb. 2015.
http://nypost.com/2009/12/15/report-75g-for-woman-tasered-by-cop/
Hult, J. (2013, 10 09). taser use on 8-year-old justified, police in s.d. say. USA Today. Web. 28 Feb. 2015.
http://www.usatoday.com/story/news/nation/2013/10/09/taser-of-8-year-old-girl/2951083/
Pollock, J. M. (2012). Crime and justice in America: An introduction to criminal justice (2nd ed.). Amsterdam: Elsevier.
All agencies that equip their officers with Tasers properly train their personnel as well as have it in their use of force continuum. Mr. Bryan was stopped for a seatbelt violation and although he was being vulgar and acting irate, he was not directing it towards Officer McPherson. Even though Bryan exited his vehicle, Officer McPherson could have gave him commands to just stay at the vehicle and do not approach him unless directed to. I have been on traffic stops when the driver abruptly exited the vehicle without being directed to do so. My thought on this is even though they exited their vehicle, I do not want them to get back into their vehicle because they may have a weapon in the vehicle that they cannot now reach or drive off, and I can keep a better eye on their actions out of the vehicle. I believe that Officer McPherson could have handled this situation a lot better with more verbal judo and professionalism. Even though it is taught that a reactionary gap of 21 feet is recommended when dealing with an unknown suspect, Officer McPherson could tell that Bryan had nothing in his hands and did not pose a threat. I am not a fan of Taser guns for the simple fact that there have been too many lawsuits and injuries that stem from the usage of them. My department’s view on them is that they are not necessary and as long as the trooper is properly trained in
Seals, E. (2007). Police use of tasers: The truth is “shocking”. Golden Gate University Law Review, 38(1), 38-109
This essay will focus on two main points that will support the argument that more Tasers should not be given to more officers. First off, there has not been enough research completed to deem Tasers as a safe alternative weapon that officers can use to gain compliance of violent individuals that they may deal with on a day-to-day basis. Before more Tasers are given to officers, there needs to be more research done outlining the possible risks that CEWs pose to the human body, and any short or long term affects that may arise due to the use of CEWs on individuals. Secondly, the issuing of Tasers to more officers is not a good idea because just like anything else, Tasers can lead to an overreliance on the part of police officers to resort to the use of Tasers on individuals who do not comply with them. This along with the absence of clear and strict guidelines that stipulate when officers are to use their Tasers on non-compliant individuals will lead to abuse. Many police officers may decide to bypass the use of verbal commands, empty-handed strikes, and other tools at their disposal such as the ASP baton, when dealing with a violent individual...
Like other law enforcement agencies throughout the United States, New Jersey has a policy that addresses police use of force. The New Jersey Attorney General’s Use of Force Policy was first put into operation in April 1985. The purpose of the policy is to serve as a guide for police officers who are confronted with use of force situations during their duty to preserve the law and protect others. This essay will provide a summary of the policies and practices of New Jersey’s Use of Force Policy. An evaluation of these components will be presented with emphasis on the legal sufficiency of the policies and procedures. Policy strengths and weaknesses will be identified in addition to suggestions for improvement. This essay will conclude with examples and the associated issues of less-than-lethal technologies (“Use of Force,” 2000).
Smith, M. R., Petrocelli, M., & Scheer, C. (2007). Excessive force, civil liability, and the taser in
...using chemical sprays or projectiles implanted with chemicals, such as pepper spray. Officers may also use “Conducted Energy Devices, CEDS” to control an individual, these weapons are usually known as Tasers. Tasers release a high-voltage jolt of electricity from a distance. A good situation in which law enforcement officers use this guideline is when they are trying to control riots. Using less-lethal technologies officers may be able to control a large group, if they are not able to restrain them then officers will be left to use blunt impact, chemicals such as tear gas or pepper spray, or even conducted energy devices until they are able to get ahold of the situation
There has been a lot of controversy regarding the use of police departments using tasers. Many people think that tasers are less lethal and safer for police to use on everyone but, throughout this essay there will be many reasons as to why tasers are unsafe and pose a threat to someone on the receiving end. Tasers have been involved with many deaths and other injuries. The main topic that will be discussed in this essay is how sometimes shooting is a taser and just stunning the person is not all that happens. There are much more to stun guns than just 5 seconds of paralysis.
... Batons also tear skin, break bones and require officers to get up close to subjects to apprehend them. The Taser has a more effective rate than other less lethal options with less chance of injury to all involved.
A father purchased a toy gun as a birthday gift for his young son. His son went outside to play and and encountered a police officer who shot him seven times. This incident occurred in Sonoma County in October 2013. A similar incident occurred in November 2014 when Cleveland police killed a 12-year-old boy carrying a toy gun. Use of excessive force by police is common in impoverished "black" or "brown" communities.
Police brutality has become a widespread and persistent problem in the United States. Police brutality occurs when a law enforcement officers use excessive or unlawful force while on or off duty. "Established: A Pattern of Abuse" is an article in The Humanist, written by Barbara Dority. She states, "Thousands of individual complaints are reported each year and local authorities pay out millions of dollars to vicitms in damages and lawsuits" (5). Dority also describes some of the types of abuse that officers have done. "[They] have beaten and shot unresisting suspects; they have misused batons, chemicals sprays, and electro-shock weapons; [and] they have injured or killed people by placing them in dangerous restraint holds" (5). There have been many cases throughout the country where police officers have been far too brutal and someone has been injured or killed. There have been many hundreds of cases like this and many people are wondering when it will end or even if it will end. Most citizens of the United States agree that it is wrong and needs to be reduced if not eliminated. So it all comes down to one question: what can be done about it? Unfortunately, prosecution has not been sufficiently effective in stopping the brutality. Police forces throughout the U.S. should be made more accountable for their actions. The greatest problem that has developed from police brutality is that the guilty officers are not punished, which leads to another incident of abuse. Authorities should give more effective punishment to officers who abuse citizens. Such punishment would help prevent abuse from happening again and again.
In 2008, a 16 year old boy had fallen off a highway overpass and broke his back and heel. Upon their arrival, officers tasered him 19 times for refusing to cooperate with the officers while shouting. The county prosecutor did not press charges, as the officers believed the boy was high on LSD. Additionally, in North Carolina, after using profane language while at school, a police officer threatened to tase the 16 year old school boy; and a developmentally disabled girl, age 14, was tasered 4 times after breaking an officer’s radio then not complying with the officer’s orders to return to class (Amnesty International, 2008, p. 15 – 16). Supporters of the taser commend it as being safer than most force alternatives, even more so than pepper spray or weapons free physical force, yet they are being used in situations where a firearm would certainly never be used. The danger of officer’s relying on tasers for situations involving children becomes immediately apparent as they are much smaller than full grown adults and the effects of tasing them have not been
Police use of force can be described as being the "amount of effort required by police to compel compliance by an unwilling subject.”(nij.gov, p.1) The stages of force police use are simple verbal and physical restraint, less lethal force and lethal force. Police officers are encouraged to use only enough force necessary to control a situation, arrest the person, or protect themselves or others from harm (p.1). When a situation begins to spiral out of control for the police officers, the next level should be used in order to gain control.
Recently, police brutality and the use of force in certain circumstances have become mainstream media stories due to personal opinions and emotions related to these stories. With the rise of media attention, law enforcement officers are under higher scrutiny more now than ever. Thus, bringing more studies and research into when an officer should use force and how much force should be used. All officers are instructed to use force in certain situations like making arrests, restraining an individual, controlling a disorderly, or when they feel fear for their own life. However, at what point is the force used to consider unjustifiable? This level can vary from individual which is the purpose of this proposed research, to find a trend of local opinions on when force has exceeded justifiable.
Police have the duty and responsibility to enforce the laws and ordinances within their jurisdiction, maintain order, and assist those within the community. Police officers protect property and lives (Duties & Responsibilities of Police Officers, 1975). In the course of duty, a police officer may use force when necessary. The International Association of Chiefs of Police has defined force as “that amount of effort required by police to compel compliance from an unwilling subject” (Police Use of Force in America 2001, 2001). The use of force is accepted as part of police work and is allowed until the force becomes excessive. Excessive force is defined as “the application of an amount and/or frequency of force greater than that required to compel compliance from a willing or unwilling subject” (Police Use of Force in America 2001, 2001). The use of excessive force may become a criminal act committed by a police officer. Police use of force is divided between non-lethal and lethal force. Non-lethal force is most commonly used by police officers, but lethal force may be necessary and acceptable to the situation. Non-lethal force includes physical force such as an officer placing a hand on an individual to show a position of authority and control, stun guns, batons, and bean-bag shots. Lethal force is most commonly the use of a firearm. The amount of force necessary is unique to each situation, may change as a situation evolves, and often depends on the experience level of the officer.
Harmon, Rachel A. "When Is Police Violence Justified?." Northwestern University Law Review 102.3 (2008): 1119-1187. Academic Search Premier. Web. 13 Mar. 2014.