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“The complaint rate for police use of force was 6.6 complaints per 100 sworn officers” (National Institute of Justice, 2016). This paper will provide an overview of the policies and practices within the New Jersey Attorney General’s Use of Force Policy. This paper will provide an evaluation of the policy with emphasis on the legal sufficiency for the policy and procedures. The paper will identify the strengths and weaknesses of the policy. This paper will display the procedures with suggestions for improvement. This paper will provide examples and the associated issues of less-than-lethal technologies.
An overview of the policies and practices within the New Jersey Attorney General’s Use of Force Policy
The policies and practices within the
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New Jersey Attorney General’s Use of Force Policy were issued on April 1985 and it was revised on June 2000 (Use of force, 2001). The review group for New Jersey use of Force offered the improvements in the policy through its difficult labors and rulings (Use of force, 2001). The understanding of review group of the detail that law on its own may not influence the objective of directing the use of force by the police correctly offered the agreement about the serious development (Use of force, 2001). The reviewed rule explains the utilization of the force as and when required to influence the legal ends (Use of force, 2001). The New Jersey Attorney General's use of Force Policy limits the law enforcement officers to completely obey with the rules of State of New Jersey (Use of force, 2001). The laws of New Jersey offer a strong regulation on the use of force acceptable to apply the law appropriately (Use of Force, 2001). Additional, the policy highlights that the officers should take simple and essential steps to stopping the unlawful and wrong use of force by other officers (Use of force, 2001). Each officer is permitted and hounded to take quick activities when he or she understands that the other officer is by some means not satisfying the requirements of state law. Any officer who attempts to disregard the state law is expected to be punished (Use of Force, 2001). Evaluation of the policy with emphasis on the legal sufficiency for the policy and procedures The policy is in place to inform officers that they must be able to explain their use of force (Use of force, 2001).
The legal sufficiency of the policy and procedures is obviously apparent from the circumstances that the policy creates each officer limited of using completely other suitable methods acceptable to deal with the offenders before moving on the usage of force (Use of force, 2001). The policy states that the police inside the state of New Jersey determination merely use of force which the police can explain and protect rationally (Use of force, 2001). The explanation of the use of force is the significant willpower an officer should create before determining to use force on the accused (Wittie, n.d.). Overall, the use of force is defensible when it is essential to making an arrest, holding the accused, or to defending an officer or a third party (Wittie, n.d.). The volume of force used cannot surpass what a rational individual would believe required to make the arrest, hold the accused, or defend an officer or third party (Wittie, n.d.). The individuals that decide if the force was rational would be the citizens sitting on the jury will be assigned with deciding the fairness of the force used by the officer (Wittie, …show more content…
n.d.). Identification of the strengths and weaknesses of the New Jersey Use of Force Policy There are several strengths of the New Jersey Use of Force policy. The New Jersey Use of Force contain of a law enforcement officer can use bodily force or powered force when the officer rationally trusts it is directly essential at the time to weakened confrontation focused at the officer or others; or to defend the officer, or a third party, from illegal force; or to defend possessions; or to influence other legal goals, for example, to make an arrest (Use of force, 2001). There are several weaknesses of the New Jersey Use of Force policy. The restriction on the use of deadly force can be a weakness (Use of force, 2001). A law enforcement officer should not practice lethal force to subdue individuals whose conducts are only unhelpful to possessions (Use of force, 2001). Lethal force should not be used alongside individuals whose behavior is harmful only to them (Use of force, 2001). A law enforcement officer should not release a firearm as a gesture for help or as a warning shot (Use of force, 2001). Procedures with suggestions for improvement One of the procedures for improvement can be training.
Officers should meet requirements at its full potential. Each law enforcement organization is wanted to handle and record semi-annual training for all officers on the legal and suitable use of force and lethal force (Use of force, 2001). The training should be planned to reveal present values recognized by constitutional and circumstance rule, in additional to statewide, district and different organization policy (Use of force, 2001). Officer use of Force reports to report any incidents can help record data of use of force (Use of force, 2001). When officers complete report the district DA’s offices should directly inform the Division of Criminal Justice when an associate of their organization uses bodily, powered or lethal force which ends in demise or thoughtful physical grievance or when grievance of any amount outcomes from the use of a weapon by organization workers (Use of force,
2001). Provide examples and the associated issues of less-than-lethal technologies. There are different kinds of the associated issues of less-than-lethal technologies. Developments in less-than-lethal technology propose the potential of further operational power over defensive of the accused with less severe grievances (Bulman, 2011). The original of these latest less-than-lethal weapons/technologies to accomplish extensive acceptance by police forces was pepper spray (Bulman, 2011). Most recent is the conducted energy devices (CEDs), for instance, the Taser, ensure to the more popular device (Bulman, 2011). Did you know that “more than 11,000 American law enforcement agencies use conducted energy devices, but their use has not been without controversy” (Bulman, 2011)? Agencies such as Amnesty International and the American Civil Liberties Union have suspected whether conducted energy devices must be used carefully, and whether the agencies contribute to neutral grievances and in detention demises (Bulman, 2011). Legislators and law enforcement representatives need to distinguish whether conducted energy devices and other less-than-lethal weapons are harmless and operative and how police should use them (Bulman, 2011). Conclusion This paper provided an overview of the policies and practices within the New Jersey Attorney General’s Use of Force Policy. This paper provided an evaluation of the policy with emphasis on the legal sufficiency for the policy and procedures. The paper identified the strengths and weaknesses of the policy. This paper displayed the procedures with suggestions for improvement. This paper provided examples and the associated issues of less-than-lethal technologies.
Seals, E. (2007). Police use of tasers: The truth is “shocking”. Golden Gate University Law Review, 38(1), 38-109
Chief Concerns. Police Use of Force: The Essentials of Officer Aftercare. Anderson, Beverly J. 2005. http://www.mpeap.com/staff/bevarticle1.pdf
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
This essay will aim to explore the controversial issue in regards to whether more police officers should be armed with Tasers. This essay will argue that more officers should not be equipped with Tasers, also known as “Conducted Energy Weapons” (CEWs), and that the issuing of Tasers by police services should be limited to supervisors and specialized tactical units until further research has been conducted on the effects that Tasers have on the human body. Furthermore, the abuse of Tasers by police officers will also be argued as another reason why officers should not be armed with Tasers. This essay will focus on two main points that will support the argument that more Tasers should not be given to more officers. First off, there has not been enough research completed to deem Tasers as a safe alternative weapon that officers can use to gain compliance from violent individuals that they may deal with on a day-to-day basis.
Cheh, M. "Are lawsuits an answer to police brutality." Police violence: Understanding and controlling police abuse of force (1996): 247-72.
excessive force cases brought under 42 U.S.C. § 1983. BYU Journal of Public Law, 26(1),
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
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.
Everyday law enforcement personal have the possibility to face dangerous events in their daily duties. In performing such duties a police officer could come by a seemingly ordinary task, and in a blink of an eye the event can turn threatening and possible deadly. When or if this happens to an officer they won’t have
Skolnick, J., Fyfe, J. (1993) Above the law: Police and the Excessive use of force. United States: The Free Press
Research Paper Rough Draft: Police Brutality Police misconduct is as rampant as ever in America, and it has become a fixture of the news cycle. Police brutality is the use of any force exceeding that reasonably necessary to accomplish a lawful police purpose. The media is inevitably drawn toward tales of conflict, hence why there are so many crime and police stories on the news. Despite the increasing frequency of misbehaving cops, many Americans still maintain a high respect for the man in uniform. Still, police misconduct is a systemic problem, not just an anecdotal one.
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.
Police use discretion through weighing the costs and benefits of each situation (Wilson, 1968). The helpfulness of their choice is much more important than obeying their duty or moral. Thus, when normal force is explained it is done under the pretense of justifiably. To recap, normal force is simply the force used under police discretion that is neither legally taught nor brutal (Hunt, 1985). Normal force is justified by taking responsibility for their actions, yet denying they were wrong because of situational or abstract events. At other times officers use excuses for normal force and recognize their use of force as inappropriate. They will recall emotional or psychological states as a reason for such inappropriate actions.
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.