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Police use authority to use force
Use of force by police officers abstract
Use of force by police officers abstract
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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).
Every law enforcement officer within the state of New Jersey is expected to observe state laws regarding use of force policy and procedures. Law enforcement officers have a responsibility to maintain law. During the execution of this duty, there may be occasions where use of force is a necessary means in order to successfully gain compliance and ensure safety. It is essential that force is only applied to the necessary degree and that all other alternatives are exhausted before an officer exercises his or her authority to use force. The New Jersey policy on use of force makes a clear distinction between use of force and use of deadly force (“Use of Force,” 2000).
Use of force or less than lethal force includes physical or mechanical force and is authorized when the officer reasonably believes that it is necessary to protect the officer or another from unlawful force, overcome conflict against th...
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... Ultimately officers are accountable for their actions and have a responsibility to act in a professional manner, only exercising use of force as a last resort when there are no other alternatives.
References
Bulman, P. (2011). Police use of force: The impact less-lethal weapons and tactics. Retrieved from http://nij.gov/journals/267/Pages/use-of-force.aspx.
Halbfinger, D. (2000). Trenton issues rules to curb use of force by the police. New York Times.
Retrieved from http://www.nytimes.com/2000/06/27/nyregion/trenton-issues-rules-to-curb-use-of-force-by-the-police.html.
Six, J. (2008). NJ Attorney General amends policy to allow use of less-lethal force. South New
Jersey Times. Retrieved from http://www.nj.com/south/index.ssf/2008/03/nj_attorney_general_amends_pol.html.
Use of Force. 2000. Retrieved from http://www.state.nj.us/lps/dcj/agguide/uof0600.pdf.
Seals, E. (2007). Police use of tasers: The truth is “shocking”. Golden Gate University Law Review, 38(1), 38-109
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)
Cheh, M. "Are lawsuits an answer to police brutality." Police violence: Understanding and controlling police abuse of force (1996): 247-72.
Smith, M. R., Petrocelli, M., & Scheer, C. (2007). Excessive force, civil liability, and the taser in
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
Although accountability has always been an issue, the injustices that are currently occurring make it priority. Police officers are getting “special treatment” and are not facing charges for crimes they have committed. Police officers are not held accountable for their a...
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.
“The police are the public and the public are the police; the police being only members of the public who are paid to give full time attention to duties which are incumbent on every citizen in the interests of community welfare and existence,” Robert Peel. The use of force for police officers is something I find to be justified and right, because it can possible help save the officers life and any witnesses lives.
For example, according to Dara lind “Officer’s aren’t supposed to shoot to kill. They’re supposed to do whatever is necessary to disable the threat”(Lind). Whenever an officer gets caught up in a difficult situation where deadly force is needed for the most part officers do shoot to kill because they feel like there life is in danger themselves. Yes like they said they are supposed to do whatever is necessary so therefore if shooting to kill someone is necessary to them then for police officers it is the right thing to do. But in reality in some occasions deadly force by a cop resulting in someone’s death is not needed and there should be other alternatives to handle difficult problems like that. In addition, “Usually, the point from where the officer believes he has to use deadly force to the point where he uses deadly force -- where he pulls
Skolnick, J., Fyfe, J. (1993) Above the law: Police and the Excessive use of force. United States: The Free Press
In the Ferguson article (2015), there was an example given about an African American man claimed that he was standing outside of of Wal-Mart, an officer called him a “stupid motherf****r” and a “bastard.” According to the man, a lieutenant was on the scene and did nothing to reproach the officer, instead threatening to arrest the man (p. 80). This demonstrates that the police in Ferguson had no respect for the civilian and even though the lieutenant was present, they did nothing. The officer was not suspended nor held responsible for this incident. By failing to hold officers accountable, it sends a message that officers can behave as they like, “regardless of law or policy, and even if caught, that punishment will be light.” (Ferguson, 86). This message serves to excuse officer wrongdoing and heighten community distrust. This is also to say that police can possibly get away with murder because they are higher officials and work for the
Deadly force can come from using objects such as a vehicle, knife, or other everyday items that can become makeshift weapons. However, when talking about lethal weapons the gun is the most commonly thought of instrument. There is an abundance of firearms possessed by the public and used in crimes which is why police need firearms to protect themselves from the same threat (Boggs, 2007, pg. 35). Police would not have the ability to protect the public if they were able to be overpowered by offenders. Firearms are used for the ultimate life and death encounters (Boggs, 2007, pg. 36) and nothing less. These types of confrontations are rare but necessary when people’s lives are at risk. Deadly force is used in less than 1% of physical force conflicts (Boggs, 2007, pg. 37). When these types of conflict occur there is a high probability of serious injury or death. Due to the risks involved with the use of deadly force officers try to avoid these situations. The goal is to de-escalate the situation or stop it from escalating in the first
Gul, Zakir, Hakan Hekim, and Ramazan Terkesil. “Controlling Police (Excessive) Force: The American Case.” International Journal of Human Sciences 10.2 (2013): 285-303. Academic Search Premier. Web. 12 Mar. 2014.