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Ethics in criminal justice
Ethical issues in criminal justice
Ethics in criminal justice
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There are many different ethical situations that a person can face in the criminal justice field. Being able to have strong ethical values is extremely important. A person must know which decision to make when put into that situation. This paper will research a major that occurs a lot in the criminal justice field. The topic that will be discussed is the excessive use of force. Excessive use of force happens too much and it should never be tolerated.
Explanation
There has been several cases where excessive use of force has been used. The use of force sometimes has to be used in order to take down a suspect. If a suspect is about to harm the law enforcement officer or another person, the officer can use force to prevent that from happening.
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Law enforcement officers should use only the amount of force necessary to diminish an event, make an arrest, or protect themselves or others from harm. The occurrence of police use-of-force actions that may be defined as necessary or too much is tough to guess. The level of force that an officer may use depends on the situation at that time. The guidelines for the use of force are based on different things. The officer’s level of training or experience is one thing that the guidelines include. The goal of the officer is to recover control as soon as possible while protecting the community. The use of force is always the last option and should only be used when it is necessary. Law enforcement officers are supposed to use a continuum of force meaning that they should only use the amount of force that is reasonable in the situation and that is essential to stop a suspect from escaping or to stop people from being hurt or murdered.
If a law enforcement officer uses excessive force that is not necessary to get custody of a suspect or to prevent injuries or murders then that officer may be found guilty of using excessive force. There are three different examples that can explain when excessive use of force comes in to play. The first example is when physical force is used against a person who is already in the police custody and is not resisting at all. The second example is when a law enforcement officer is using a weapon against a person who does not have a weapon or a person whom a police officer should reasonably assume does not have a weapon. The third example is when law enforcement use force to intimidate a suspicious person or a witness into giving a statement. The excessive use of force by law enforcement can include unjustified shootings, severe beatings, fatal chokings, and rough treatment. Excessive use of force continues because of overwhelming barriers to accountability make it possible for officers to not get the punishment that they deserve and often they tend to repeat their
offenses. Police throughout the United States are legally allowed to use the force necessary to control whatever situation in which they are faced with. The idea is that the police should use the lowest level of force possible to gain and maintain control of that situation at that time. All law enforcement officers are trained to follow a basic use of force range. The range starts with verbal commands, then moves to physical restraint, increases to less-than-lethal force, and ends with the use of deadly force. The training commands that a law enforcement officer should start at the level of force that is just above the situation that he is trying to control. Discrimination Anyone can become the victim of excessive use of force from the police. However, the Department of Justice statistics show that excessive use of force is a higher problem for minority people and that police officers need to have more training in this area. There have been several different cases that have involved excessive use of force on minority person. The biggest case that sparked the most controversy was the Rodney King case. In the Rodney King case, several law enforcement officers were caught hitting and kicking him. This case caused events that changed how law enforcement and government officers handle complaints of excessive force and police brutality. This case caused many days of riots. The use of force also tends to be more common in high crime areas, and younger males are more likely to be on the receiving end of police force. The use of force can get out of hand and it can become excessive use of force. The use of force is usually used against males (83%), between their late 20s or early 30’s. Justice Department statistics show that fewer than 8 percent of complaints of excessive force are upheld against police by their departments. In 2002, there were 26,000 complaints documented, but only 2,000 of those were agreed upon to be excessive use of force. The Rodney King case supports the argument presented by many researchers, stating that minorities are often targeted more by the police. Race, according to the Criminal Justice Institute report, continues to be an overwhelming factor defining the nature of the relationship between law enforcement and minorities. This relationship is often characterized by an endless pattern of verbal abuse and harassment, which often escalates to physical abuse.
As taught in the lectures, it is impossible for police officers to win the war against crime without bending the rules, however when the rules are bent so much that it starts to violate t...
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
For this paper there are many current events in the united states and across the world that directly correlate with my literature I am reviewing. What I was chosen to research, or what my research question ended up being was. In what situation can a police officer use lethal or deadly force. There are many variables and situational characteristics that play into how police officers handle high risk violent encounters. for instance, some variables could be how the police officer was trained, public attitudes towards police officers, psychological makeup of the police officer, previous or current behaviors of the police officer, the police officer current mental state, also previous incidents with police officers having to use lethal or deadly force. This topic is very challenging because there is not as much
In the book, the author inform how effective is the lawsuit or criminal prosecution to help resolve police brutality. As a failure, it has been explained about how it wo...
There have been a number of officers who have been accused and convicted of using excessive force. In one case in a maximum security prison in New York there were two correction officers that were caught on video hitting an inmate that was handcuffed behind the back. According to the video it did not appear that the inmate provoked the assault in anyway. Both officers that were involved in the assault were later fired by the prison and they were found guilty of a civil rights violation.
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
Police brutality is becoming more and more apparent in the news today because it seems to be occurring more than before. In 2012, the NYPD killed 21 people that year which was an increase by 7 from the previous year (W.A.T.E.R, 1). The numbers are rising in the big cities where more crimes are likely to happen. Toronto isn’t as big as New York City, but it comes to show that police officers are killing more individuals each year. In 2009, in the little city of Cabbagetown near Toronto, two Toronto officers severely beat a man who was allegedly drunk in public. The two police officers were later found guilty of assault causing bodily harm, which shocked much of the public because rarely do police officers get charged after incidents like this. This case ended up bringing up the ethical issue of whether police officers use excessive force on people because they are law enforcements. Police officers seem to usually get away with the actions they do, which sometimes result in death, because they are law enforcements and they’re just looking out for their own safety and of others. I believe that police officers do sometimes use excessive force on people and that they get away with the consequences because they have a free pass because of their job title. To defend this judgment, the arguments that I will use are the statements of both police officers, the test results that proved that the police officers attacked a man who didn’t deserve it, and the decision of the SIU.
Pollock, J. (2014). Ethical Dilemmas and Decisions in Criminal Justice (8 ed.). Belmont, CA: Wadsworth, Cengage Learning.
The use of excessive force may or may not be a large predicament, but should be viewed by both the police and the community. Police brutality is hypocrisy as the police are meant to protect society from harm, not cause further damage and stress. Police should be trained properly so they do not resort to violence and abuse of power. Many cases of police brutality are not sanctioned and are undertaken by a group of police as a form of "mob mentality". Police are placed on a pedestal of authority and respect by the rest of society.
In most if not all the cases the victim of the excessive force is charged with resisting arrest and or assaulting a police officer, When in fact they are the ones who have been assaulted and victimized themselves. They are now fighting two uphill battles that are very difficult to win in any situation. A lot of the time the victim is from a poor or low income area and may have already been perceived to be a criminal by the police. The police have a great deal of power and they sometimes manipulate situation to make it look like or to hide what may have happen in an arrest situation. My father would tell me stories about the police and the things some officer would do to get away with abusing their power. The police need to be monitored and public needs to be more educated about what Law enforcements job is and how to best help them do it.
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.
Skolnick, J., Fyfe, J. (1993) Above the law: Police and the Excessive use of force. United States: The Free Press
The use of excessive force may or may not be large problem, but it should be
According to the National Police Academy, in the past year, there have been over 7,000 reports of police misconduct; fatalities have been linked to more than 400 of these cases (Gul). Police brutality is often triggered by disrespect towards the police officer. The most noticeable form of brutality is physical, where Chemical gas, batons, tasers, and guns, can be used for physical intimidation or to actually hurt people. Police brutality can also take the form of verbal abuse or psychological intimidation. It seems reasonable to understand that sometimes the police are put into situations where excessive force may be needed. But, because some officers use these extreme actions in situations when it is not, police brutality should be addressed and looked into by both the police and the public. For instance, a police officer who beats a nonviolent protester with a baton would probably be accused of excessive use of force, under the argument that the police officer probably could have dealt with the situation less violently.