A career in law enforcement is a rewarding one, yet it can also be extremely mentally and physically challenging. Cities are growing and developing; with this law enforcement agencies are doing there best to keep up with changing trends in crime. Law enforcement officials often times face scrutiny for how they do their job, recently the use of force has been receiving a substantial amount of coverage.
Defining Force
Use of force can be broken down into lethal force and non-lethal force. For example an officer using his firearm to defend himself can be place into the category of lethal force. Lethal force can also be referred to as deadly force in this day and age. Deadly force is when a law enforcement official uses a substantial
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amount of force; in these situations the end result of death is a very high (CITATION). In non-lethal force there is a low risk of suffering from any serious injury or suffering (CITATION- methods of force article Officer Discretion Law enforcement officials have to use their discretion on a daily basis within the criminal justice field.
This requires the officer to evaluate situations that they are confronted with on a daily basis and choose how they are going to react in every given situation (textbook, police discretion). For example, if an offender is failing to listen to officer’s commands, the officer has to figure out how he is going respond next. After analyzing the situation he has figure out how amount of force he is going to need to use to safely get the accused into custody (textbook, police discretion). When an officer is deploying the power her or she has, three elements must be considered (textbook, studies police discretion). First the officer looks at the offence and how sever it is (textbook, studies police discretion). The heftier the crime the higher the chances are that the officer will use his authority and take action (textbook, studies police discretion). For example greater force will be used if an individual is committing an offence, which is endangering the public. Second, the officer looks at how to individual is acting in the situation (textbook, studies police discretion). If the accused is under the influence or if he is …show more content…
cooperating, all these play a role in how the officer will deal with the situation (textbook, studies police discretion). The last factor that will play a role in the officer’s decision is his or her organizations rules (textbook, studies police discretion). For example, some agencies have zero tolerance for domestic violence calls (textbook, studies police discretion). In societies today it is merely impossible to arrest every individual who commits a criminal act (textbook, studies police discretion). Police officers often times have more important situations and calls to deal with. Often times they will issue the accused a promise to appear, or simply issue him a warning (textbook, studies police discretion). Roberg and Kuykendall (1993) reached the conclusion that there are three factors (as cited in studies police discretion). First, the officers have to choose if they want to initially investigate a complaint by a member of society (as cited in studies of police discretion). Secondly, they have to decide how they are going to act and respond to the situation at hand (as cited in studies of police discretion). In this particular step the officers must decide if they are going to force to deal with the situation and how much. This is at their discretion; there are times society disagrees with the officer’s responses, yet they aren’t aware of the full situation. The last factor that plays an impact in the officers’ discretion is choosing how they are going to deal with the situation at hand (as cited in studies of police discretion). There are situations where officers will charge one party that was involved in the offence and not the other, even though that party committed a criminal act (textbook, studies of police discretion) Deadly Force Deadly force is an amount that is used to cause bodily damage or death ones person (textbook, deadly force). Law enforcements use of deadly force often times evokes the usage of their firearms (textbook, deadly force). These situations often involve high-risk offenders or situation in which the safety of the public can be compromised. There are also different methods of force that can severely injure or kill an individual (textbook, deadly force). An example of this would be a car chase, in which death occurs as an end result (textbook, deadly force). Every case is individually examined; the majority of these instances are not counted in statistics due to the fact that the loss of life transpired as an accident (textbook, deadly force). Firearms are used by police officers in situations where they think that their life is at risk or the safety or society can be compromised (firearms, injuries associated with). One event that is a constant reoccurrence to officers is referred to as suicide by cop (firearms, injuries associated with). In these particular instances officers respond to a suicidal individual who displays a lethal risk, evoking them to use lethal force (firearms, injuries associated with). In particular instances where the crown is skeptical about suicide by cop a psychological evaluation of the accused in performed (firearms, injuries associated with). This is to insure that the officers responding acted correctly and didn’t unnecessarily use lethal force (firearms, injuries associated with). Law enforcement officials are thoroughly trained, yet there are still instances in which they might make mistakes. This is why whenever an instance occurs in which an individual is severely hurt or injured an outside agency reviews the situation to ensure the officers acted correctly. As states in the Alberta Police Act in: The chief of police shall as soon as practicable notify the commission and the Minister where: A) an incident occurs involving serious injury to or the death of any person that may have resulted from the actions of a police officer, B) Complaint is made alleging that ii) Serious injury to or the death of any person may have resulted from the actions of a police officer, or ii) There is any matter of a serious or sensitive nature related to the actions of a police officer. (Section 46.1(1)) This is to ensure that the officer acted correctly and used the correct amount of force in any given situation.
In addition this it provides an outside viewpoint on the situation and allows officers to be held accountable for their actions if need so. Officers are hesitant when helping the crown when it involves their coworkers (textbook, police use of forcep193). As a result of this the Ontario Police Act has been altered, it now declares that officers must comply with any reviews of officers (textbook, police use of forcep193). There are three guidelines that need to be followed if the topic of deadly force needs to be analyzed effectively (textbook, police use of forcep193). First being death, if an officer uses a lethal weapon and kills the accused (textbook, police use of forcep193). Second, the officer uses a lethal weapon and as a result is severly injured but lives (textbook, police use of forcep193). Lastly, the officer uses a lethal weapon and the accused is not injured (textbook, police use of forcep193). In Canada it is difficult to find reliable information; reports are private and not available to the public (textbook, police use of forcep193). The question gets raised if officers are responding correctly in the situations that they encounter, or if having public records would be more beneficial to police forces and
society.
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, 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 officers have a great amount of discretion. Since they are not always supervised and on patrol they choose which cases should be process and which one should just be not. Police discretion is the most important part because it determines the outcomes of the interaction between the police and the juvenile. Krisberg and Austin noted that police have five basic options in deciding what course of action to pursue with juveniles. The first one would be release, accompanied by a warning to the juvenile. The second one would be release, accompanied by an official report. The third one would be Station adjustment. Which include release to parent accompanied by an official reprimand, referral to a community youth agency, or referral to a public or private social welfare or mental health agency. Fourth would be Referral to juvenile court without detention and last referral to the juvenile court with detention.
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 when to use force or when to use lethal force.
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.
“But they didn't have to beat me this bad. I don't know what I did to be beat up." Rodney King, March 3, 1991. Police Brutality has been a long lasting problem in the United States since at least 1903 when police Captain Williams of the New York Police Department said the phrase, "There is more law at the end of a policeman's nightstick than in a decision of the Supreme Court." In the 1920's the Wichersham Commission had a number of instances of police brutality. Many of these included the use of the "third degree" (beating to obtain a confession). This is a very effective way to get a confession out of somebody. However, beating the accused could easily elicit a confession from a scared and innocent person. Also, this puts the accused person's life in danger. Police officers must make snap life and death decisions daily. Officers' work in an environment where death (theirs, their partners, and an innocent or guilty person) is one decision away. How does that constant fear effect an officer's perception? Unfortunately, many that are attracted to law enforcement are aggressive and prone towards violence as a solution. Police officers have a lot of power. With this power comes responsibility. Police brutality can be defined as the excessive or unreasonable use of force in dealing with citizens, suspects and offenders.
The Law Enforcement Profession Abstract In order to understand comptemporary law enforcemment, we should recognize the conditions that impact our profession. It is agreed upon by many scholars that major changes in law enforcement occur every five years. Policing is sometimes characterize"... like a sandbar in a river, subject to being changed continuously by the currents in which it is immersed..."
"Proper use of discretion is probably the most important measure of a police officer or department." -- Rich Kinsey (retired police detective)
Recently in the United States there has been in increase in deaths that have come from police officers using deadly force. The use of force is inevitable as a police officer, many times their own lives or the life’s civilians are at risk when it comes to determine what type of force a officer should use. There are many incidents where police officer have to react in a matter of seconds and has to choose between his own life or that of the individual causing the disturbance. When a Police Officer uses deadly force has caused outraged with the public, stirring up protests and creating a scandal for the police officer and the Police Department. Many do not know when it is right for an officer to use deadly force and what constitutes it, or what happens when the officer does not use the appropriate amount of force that is required to control the situation. There has been many changes in Police Departments around the country to try to reduce the use of deadly force in response to the issues that have occurred because of it.
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.
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 discretion. Police discretion is defined as the decision-making power afforded to Police Officers that allows them to decide if they want to pursue police procedure or simply let someone off with a warning. Police discretion can be also defined as the individual’s ability to make a decision based on the principle of courses in the actions. Police officers are usually in the position of having to make decisions on how to handle a specific situation alone, or without immediate supervision. In other words, police discretion is the choice the officer has on how he or she enforces the law. Discretion in law enforcement includes whom to arrest, whom to investigate, whom to talk to, and whom to interview (Pollock, 2014). Use of discretion
Laws and procedures are the most common basis for officers choosing not to allow offenders to remain free based on their discretion, a study by Mendias and Kehoe (2006) has found. The study found that laws or responsibilities were the main reason for a decision to suspend discretion in eighty-two percent of cases involving an arrest. The study also found that keeping the peace and procedural implications were the primary justifications for ex...
Discretion is defined as the authority to make a decision between two or more choices (Pollock, 2010). More specifically, it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin & Cordeau, 2011). Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discretion leads to selective enforcement practices and may result in discrimination against certain groups of people or select individuals (Young, 2011). Most police officer discretion is exercised in situations with individuals (Sherman, 1984).
Law enforcement is a career that is both violent and rewarding in many capacities. Justice needs to be served in law enforcement and they have a responsibility to uphold the law and serve the people in the community. Law enforcement is crucial in the world today as a global realm as life continues to be more complex and law enforcement struggles to combat many aspects of crime. In order to combat these problems and have a positive future in the criminal justice system, everyone must work together on a bigger scale.