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Moral rights in society
Moral rights in society
Training for police in the united states
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As a result of the recent rise of the use of excessive force cases against police and law enforcement, I have chosen to research the definition of that excessive force. When is it considered justifiable? What training do officers receive? What liability issues are there? In an ABC news article, Sascha Segan states there is no specific definition of excessive force. A part of everyday police work is to subdue criminal and suspects. Another everyday task of police officers is personal discretion - making the right decision based on the specific situation. It has been documented in multiple viral videos that law enforcement officer’s discretion is not always favorable in the public eye and is quick to be judged. Yet shouldn’t we be asking if the officer’s actions were justifiable within the court system and if …show more content…
There are several properties of moral rights such as concomitant duties, justifiable enforceability, and the fact that you do not necessarily have to assert the human right for it to become violated. As mentioned in “Ethical Issues in Policing” by Miller and Blackler, hypothetically speaking, person A’s right to life generates a duty on the part of person B not to kill person A. Under the property of justifiable enforceability, person A has a right to not be killed by person B. Justifiable enforceability is simply force used that can be vindicated. Person B also has a responsibility not to kill person A. If B ignores his obligation and attempts to kill person A, then person A has the right (or someone watching, C) to prevent person B from killing person A. This would make A’s action justifiable. Person A would have had the right due to self-defense and person C, who has seen the action, has the right to use deadly force to save person A’s life. Lastly, under moral rights, a human’s right can be violated without them asserting it. For
In today’s society, police officers are very cautious on how much force they can use on a suspect due to the police brutality going on right now. Police brutality is defined as the use of force exceeding what is necessary, many people argue that there should be new policies to determine how much force a police officer can use and also have laws that will convict officers who have killed people by using too much force, so that there is less incidents in the future.
In the case, U.S. Supreme Court Graham v. Connor, the Fourth Amendment of the Constitution was applied. It seems that before, the standard for judging unreasonable force, or actionable force, was just whether the officer used that force out of deliberate cruelty, or whether he really meant to protect public safety. The conclusion of the Supreme Court was that this is not a good enough measure. Just because he had good intentions does not mean that the force, search, and seizure were not reasonable and that the person's rights were not violated.
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
Each position in criminal justice holds power and responsibility, and therefore, it is very important that said people in those positions do not abuse it. Unethical behavior in the criminal justice system takes away trust and respect from authority, and as a consequence, the law is more easily disregarded if the people lack faith in the system. It can, also, contribute to crime and/or cause citizens to not report crimes. Society should have indubitable confidence in the men and women of the criminal justice system. Law enforcement officers violating even the smallest rule could lead to more serious infractions. Syed (1997) states, "Every instance of corruption bends or violates a rule or law and, similar to the granting of impunity, may contribute to an officer's perceptions of the law as applying differently to different people and increase the ease with which violations can be rationalized." Having less than ethical persons in our criminal justice system can lead to a weakened society, the ruining of lives, and even add to crime.
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.
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.
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.
Skolnick, J., Fyfe, J. (1993) Above the law: Police and the Excessive use of force. United States: The Free Press
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.
The degree of force that officers use is heavily influenced by police discretion in real-world situations rather than espoused by a certain agenda. Discretion can be classified into four different categories where administrators, the community, and the individual police officer exercise differing degrees of influence in decision-making. What is needed to help officer discretion is a central ethos that will guide discretion when all other rules fail to help.
“Discretion is the perfection of reason, and a guide to us, in all the duties of life” (Jean de La Bruyère, n.d), this quote epitomises the use of discretion in life moreover in policing. Police discretion is a constant consideration within the law enforcement. Many people are of the view that police discretion is both an essential part of policing as well as a constant source of issues. There has been a constant quandary between enforcing the law to the latter. Police officers are faced with a vast array of situations each day which they must deal with, in which no two circumstances they encounter are the same. Moreover officers are frequently placed in the position of formulating decisions on how to handle a specific matter alone, without immediate supervision or any additional advice. The purpose of this paper is to examine the controversial topic of police discretion. Discretion in policing is an imperative aspect thus herein the benefits of the exercise of discretion will be explored. By firstly defining what the term discretion refers to and how it fits within the context of policing. Next, factors that influence police discretion will be discussed. Finally an examination of explanations supporting discretion will be articulated, which will illustrate why police discretion is essential in policing.
We rely on the Police force to keep the community safe, but what price do we pay for that security? The job of a police officer is one of constant danger and threat. When an officer must engage with a belligerent and confrontational individual, there is a decision that must be made at the individual level. An officer must detain this person, while staying safe and keeping those around the scene safe. The officer has been trained in the appropriate use of force. The officer may have felt that use of force was warranted and used with discretion. The bystanders often don’t understand the complex situation that is unfolding before them and are quick to assume the officer has crossed the line. If you peruse through the internet you will see a myriad of reports covering police brutality that range from racial profiling to murder. Every time an officer uses force during an incident involving a minority group there is public outcry for justice and reform. When an officer chooses to use force, when does it become excessive? Who is the responsible unbiased entity to make that
Evaluation of excessive force is done on a case by case basis meaning that it is not evaluated by a specific action. For example, a police officer is considered to have used excessive force when he or she tackles a civilian who is fleeing arrest and beats the civilian. Police brutality on the other hand is the deliberate use of excessive force, unnecessary extortion or aggression or the use of force when it is not necessary. Police brutality is a violation of citizens’ rights and such officer may be disciplined within the department, his or her services may be terminated or he or she may be charged with police brutality. From the above it can be seen that not all police brutality may be considered excessive force. For example, verbally insulting or intimidating civilians when this is not justified may be considered as police brutality yet there is no force that has been used in this case (Shally-Jensen,
Ethics play a huge role in a police officers line of work. Since police are given such a high degree of trust and authority, it can unfortunately be very easy for an officer to fall into some unethical behavior. This can range from just minor acts that are frowned upon, to actual downright illegal activity. Even though there are a countless number of acts and behaviors that can be considered unethical, in the following paper I will focus primarily on those incidents involving police officers who steal for their own personal gain, and discuss my position on the issue.
Law enforcement is a profession; ethics and ethical conduct play an important role. The International Association of Chiefs of Police established a code of ethics to govern the conduct of its members. This code of ethics, originally written in 1957, was revised by the IACP in 1989. The code of ethics states that the officer 's fundamental duties are to serve the community, safeguard lives and property, protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder, and respect the constitutional rights of all. The code of ethics also states that officers must keep their private lives unsullied and recognize the badge as a symbol of public faith and trust. The police code of