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Use of excessive force in police cases
The use of excessive force essay
Use of excessive force in police cases
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The use of force is defined as physical restraint by a police officer when dealing with the public. There has been many cases in which there have been instances in which excessive necessary force which has led to many tragic events. It leaves a lot of confusion on what is the role of force, when does
The police are authorized to use coercive force to control a variety of situations and this authority defines the police role. When it comes to police – citizens interactions officers are required to use some type of force even the lowest amount which would simply be their presence. The point of them using this force is to in some way control and or prevent crime from occurring. Especially since their job is to enforce the law, protect
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property, and limit civil disorder. Doing those things would be hard if they didn’t have the ability to apply some type of force to the work they do. The word reasonable is a broad term. In intense situations where things happen really fast it is difficult to explain when an officer used coercive force appropriately or when the force is excessive. When officers use more force needed or necessary at that moment in order to control the situation that is when it becomes excessive force. Kenneth Adams, an expert in the use of force by police says that there is a big difference between excessive force and excessive use of force. The main difference is that the excessive use of force is force used unacceptably. This type of force is commonly seen in problem police officers. Problem officers are those who show problem behavior such as many citizen complaints, use-of-force incidents and other evidence. This means police officers hold a lot of discretion since they’re not exactly being told exactly what is acceptable and what isn’t. For a lot of different situations that person is who decides what to do in the heat of the moment. Attempting to define what legitimate use of force has been tried by the court during the Graham v. Connor case. Where a cop had wrongfully accused someone of doing something due to ‘suspicious’ behavior and ended up hurting the civilian. The verdict ended being that officer Conner wasn’t guilty of using excessive force and they had mentioned that objective reasonableness is based on the totality of the circumstances in a given case. There is no clear line that visibly divides excessive or appropriate amount of force for the public or the officers themselves, but there is the Police Use-of-force continuum.
The Police Use-of-Force Continuum simply lays out the five levels of force used by officers from the presence of an officer to the use of deadly force. The force continuum is used to guide an officer's reaction and to focus his or her perception of risk. For example, if a complaint is made the corresponding force an officer would use is his presence, engaging in communication, such as verbal commands. The federal Law Enforcement Training Center also designed a nationally recognized force continuum. This model shows the different applications of force that color codes appropriate officer perceptions based on a suspect's level of resistance and the level of legitimate force and it includes the necessary tactics associated with each of the levels. There's three different levels: Blue for normal day to day law enforcement activities, Orange for harmful threat perception, and Red for lethal threats. There is no clear definition of what excessive force actually is. In order to know if an officer's force is excessive people such as the supreme court refer to the Fourth Amendment’s standard of "Objective
Reasonableness." Something that can be used to avoid many complications that may arise from improper use of force is proper training. Thoroughly teaching officers which types of forces are appropriate for different types of situations would be highly beneficial especially since training is where it all begins. When a strict policy is set in order outline key points of what is expected of them there would be less confusion with what is expected of them. Since everyone gets nervous it is important to teach officers how to asses different types of threats so they don’t overreact. One major concern that many people and even policing agencies have with police officers using force is Liability. People who are victims of excessive force have a retribution like style of thinking, they want revenge and want the officer to be held accountable. When it comes to policing agencies they want to be shield from liability. They don’t want the actions of their employees to fall on them with things like lawsuits.
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
A '''use of force continuum''' is a standard that affords law enforcement officials & security officers (police, probation, or corrections) with guidelines as to how much use of force may be used against a repelling subject in a given situation. In certain ways it is similar to the military’s escalation of force. The reason of these models is to clarify, both for officers and citizens, the complex subject of use of force by law officers. They are often vital parts of law enforcement agencies' use of force policies. Although various agencies have developed different models of the continuum, there is no universal standard model (Stetser, 2001, p. 36)
With the articles and past research that I have collected, studies tell us that less than 3 percent of police-citizen contacts involve the threat of physical force by the police. The percentages are higher when the level of force is below lethal force, for instance 20 percent of arrests may involve some type of special or needed force to obtain and control the suspect in able to put him in custody. In the academy, police officers are taught to use equal or greater force to subdue the suspect and do what is necessary to protect the public and also look out for officer safety. Most incidents of force are low level applications such as using the arms, hands, legs, or their bodies to gain control of the suspect. Every police officer is supposed to be trained to a certain standard, and should be able to use the correct amount of force for the situation at hand. Police officers have situational training in the academy on what level of force to use if necessary. All police officers are equipped to handle most if not all situations or levels of force that is need to
Law enforcement officers are in constant dangerous situations while out doing their responsibilities. When in these threatening situations, police officers typically have little to no time to determine the right precaution. These precautions may lead to the death of a suspect or even the officer themselves. The media has recently shed light on police brutality with use of force. Use of force could be defined as the amount of effort an officer must use in order to make an unwilling subject compel. Police officers are usually trained to enable the proper responsible to a dangerous situation they may be put in. In this paper I will go through the guidelines that a police officer must obey when considering a certain degree of use of force. Within each guideline there will be the pro and cons with that situation and also a recent case that happened. This paper will also talk about how this topic can be addressed more properly. These guidelines that officer are taught during their training are called Use of Force Continuum.
There are many ethical violations that can occur when excessive force occurs some of them are unnecessary injuries or death, abuse of authority or entitlement, lack of integrity, and corruption. There are many cases in which the police must use excessive or some kind of force to control a situation and protect citizens but only a small fraction of all police encounters each year involves force (Alpert, 2010). Depending on what kind of equipment was used by the police to control the situation the injury can vary, some of the equipment that the police uses to control a situation in addition to their handgun are pepper spray, batons, or conducted energy devices (Alpert, 2010). An abuse of authority ethical violation from a police officer can be a serious nightmare for a police department because these incidents usually receive a lot of media coverage and can damage the reputation
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 and 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. To maintain this image, rules and codes of ethics within the police force should be maintained at all possible times. If police are using brutality to resolve issues, it doesn't set much of an example of dispute resolution between individuals. Over the past decade police abuse remains one of the most serious human rights violation in the United States. Police officers are trusted and expected to respect society as a whole and enforce the law. There is a time a place for aggressive force if needed, apprehending a suspect, however the environment and situation might influence the moment thus resulting in the brutal and barbaric behavior from the cop. The important thing to do is to understand the circumstances when excessive force can be used and times where the use of force has to be abstained. Police officers follow a strict guideline in how to handle encounters from escalating into something much more serious. The use of excessive force, in this case police brutality brings liabilities that cannot be taken lightly with the department and the community. Usually the high crime rates tend to revolve around low-income minority areas and officers tend to assume that minorities living in the areas are guilty. Police brutality that does exist is most likely result of emotional exhaustion.
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.
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.
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 Brutality Police work is dangerous. Sometimes police put in situations that excessive force is needed. But, because some officers use these extreme measures in situations when it is not, police brutality should be addressed. The use of excessive force may or may not be large problem, but it should be looked into by both the police and the public. For those people who feel racism is not a factor in causing the use of excessive force, here is a startling fact. In Tampa Bay, Florida, five men died while in the custody of the
Just how much force is appropriate under various circumstances can be debatable. When an officer uses excessive force, he or she violates the law. Most brutality is directed against minority groups or otherwise powerless populations. Officers who engage in brutality rationalize their use of extralegal force, they claim they are punishing those groups that threaten to disrupt the social order. The importance of understanding racism in the context of police brutality cannot be underestimated. Many police officials automatically regard racial minority group members as potentially dangerous regardless of their particular activities, gestures, or attire. This perception of racial minority citizens as “trouble” sometimes translates into racially discriminatory police behavior. Most police officers expect citizens to always surrender to police authority. When citizens challenge it instead, some officers view such behavior as the unofficial crime of disobeying a police officer and use physical force to gain compliance. So what can be done to help prevent police brutality around our
The ability of police to exercise discretion was originally designed to allow officers to maintain the peace by allowing certain types of crime to remain unpunished in certain circumstances. This essay will aim to explore the issue of police discretion that suggests that the application of discretion works against the interests of Aboriginal and Torres Strait Islander peoples. In drawing this conclusion, this essay will examine the relationship between policing ideals and the use of discretionary powers and the relationship between policing attitudes and the use of discretionary powers. A discussion regarding the use of police discretion towards Aboriginal and Torres Strait Islander peoples can scarcely be mentioned without making reference to arguably the greatest failing by a police officer since indigenous Australians were formally recognised as citizens. Further to this, the case of Mulrunji Doomadgee (Cameron) will be examined from the point of view of officer discretionary powers. The penultimate point to be made will involve the Anglo Australian response to this case as well as the ongoing relationship between indigenous Australians and the institutions that govern them. As mentioned, the first point will involve policing ideals and their relationship to discretionary powers.
When hearing the phrase “police brutality,” many people imagine batons cracking skulls, tasers electrocuting bodies and bullets penetrating innocent teens. While police officers have been known to use violence, police brutality does not occur as often as many believe. In many situations, officers have to act on impulse and curiosity, despite the backlash the media may create.
Police are trained to demand control of all situations some officers even have problems separating their career life from their personal life. They "eat, live, die" police work. Their identity is defined by the uniform that they wear and any conflicts in their life are seen as challenges to their dominance (“The Misuse”). This training shows that the police are given the idea that they have authority over other citizens. The officers of the law are also trained to use force continuum which means to only use the amount of force necessary to control the situation and the person. It begins with officer presence, vocal direction and soft empty-hand techniques. If the person continues resistance, the officer may escalate to hard empty-hand techniques, chemical agents and upward toward lethal force the idea is to bring the person into compliance and under control without causing injury” (“The Misuse”). This system gives the police the idea of needing superiority and full control over the suspect in all cases also this gives the officers the permission to use the amount of power that they feel is necessary in order to gain the control of the situation. So when they stop somebody that has the predetermined negative connotation and fear of police will be scared of what is going to happen so they will be more likely to try to run or resist the officers commands and direction even if
Young people and the police have, for many years, experienced a tense and confrontational relationship (Borgquist & Johnson et al., 1995). This has led to a great wealth of literature based upon the notion of police-youth interaction. Much of this literature has tended to focus upon juvenile criminality and the reasons why young people commit such seemingly high levels of crime. Whilst the relationship between young people and the police force has been widely theorised and explained, there is very little literature on juvenile attiudes towards the police. Research that concerns societies attitudes towards the police force tends to focus upon the views and opinions of adults (Hurst and Frank, 2000). In this first section of my literature review I am going to focus upon work that allows us to gain a deeper understanding of why young people are so important when looking at crime. This section will allow us to comprehend the ways in which, literature suggests, young people view the police. This knowledge will provide a basis for my research in which I look more specifically at youth attitudes towards PCSO’s.