In what circumstances is it acceptable for police officers to used deadly force? In what ways would a police officer be able to show that deadly force was justified? The two main circumstances would be: protecting someone (like a hostage), and the second would be protecting themselfs (like in a "shootout"). The officer who uses deasly force, will have to show why he/she thougt it was justified. For exmple the club that just had a shooting. Say you were standing face to face with him (after all the shooting), deadly force would be jestified because you know what he is there to do. The basic things an officer needs to show: are they in danger, was someone else in danger, and or was there percived danger.
Why is self-defense an inadequate defense in most murder trials when a battered woman is the
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Why? As a member of a prosecution team? Why? The definition of affirmative defenses is, "Defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal or civil liability, even if it is proven that the defendant committed the alleged acts. Self-defense, entrapment, insanity, and necessity are some examples of affirmative defenses" See, e.g. Beach v. Ocwen Fed. Bank, 523 U.S. 410 (1998). Why would a defense might like using this more, the main reason is they do not have to fight was much. They (defense team) just have to show the basic facts of the case, and untill someone says other wise they are taken as true. Now as a prosecution team, this could work very well for you. Say they defense shows a video without sould, but it look like defendant actted in self-defense. However your team got the audio, which you here the defendant starting the fight, and yelling about how he is going to kill the man he later shoots. This case would now flip from self-defense to murder, just by disproving one part of what the defense
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
Reasonable doubt plays a significant role in this particular case, as it requires a standard of unsurpassable evidence in order to be able to convict the plaintiff in a criminal proceeding. This is required under the Due Process Section in the Fifth Amendment of the American Constitution, allowing a safeguard and circumvention
The defense, on the other hand, tried to present the mitigating circumstances of Post-Traumatic Stress Disorder and Battered Woman’s Syndrome, that Alexander had been physically and emotionally abusive towards Arias and that she felt she had no choice, in fear of her own safety, and killed him in self-defense. However, in order for BWS to be a viable defense, the woman must have been in a situation where she was currently being threatened by her abuser and had to act in the moment. In the Arias case, Alexander was just in his shower, while Arias went to the extreme and snuck up on him with multiple stab wounds, slitting his throat, and shooting him in the head, making WBS a laughable justification.
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
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.
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.
Well, this all may vary, depending on the gender, age, and size of the civilian. And why do these three things have such a big deal when talking about police brutality. Here is a scenario that happened not too long ago in a Spring Valley High School. A young girl was slammed on the floor while still sitting in her classroom desk by a school resource officer. There are about three different angles of the confrontation but what led up to the incident is still unclear. But that is not the point, a grown man felt the need to slam a young teen girl onto the floor. The girl was sitting at the desk in a class full of other students. She never laid a hand on the officer. There are multiple other ways this situation could have been handled but instead, he decided a more violent route. This is what you would call excessive force. Never should a man lay his hands on a woman let alone an innocent young girl. It 's just wrong and he should be held accountable for his
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.
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
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.
Attention Getter: Are all the officers who are intended to "Protect and Serve" really following through with that?
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, 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.
Many do not know what Deadly Force is and when is the appropriate time for the Police Officer to use it. According to CFR 1047.7 “Deadly Force means that force which is reasonable person would consider likely to cause death or serious body harm”. This means that deadly force is supposed to be used as a last resort when Police Officer cannot get the situation under. To be able to use Deadly Force it has to be justified only if when all of the lesser means have failed to work or they cannot be employed reasonably. A Police Officer that is protective is authorized to use deadly force only when one of the five circumstances exist. The first circumstance is “Self-Defense, Serious Offenses against persons, Nuclear Weapon...
Police brutality and racism are an ongoing problem in our country. It goes back hundreds of years with no sign of it stopping. Police officers have been abusing their power since they have been around. Abuse against African American males by white police officers is getting out of hand. Most officers face no punishment at, and all there is a special code that they follow. Officers follow The “Blue Code of Silence”, which is a code that means they look out for one another. Even with video recording devices, the news, and social media, these events still go on. African Americans take most of the abuse and it looks like there is no end to this. This is a reflection on our society, and it makes us look ignorant to what is going on around us.