Since 1989, there have been no guidance on how we should analyze each factor or how much deference the court should give to police officer. Many courts have simply recited Graham “as if it were a mantra” and then gone on to try to establish what is reasonable for officers to do based off their “intuition.” Graham essentially gives the courts three factors to consider and nothing more leaving each circuit to determine the relevance of each factor and how each factor is weighed resulting in no uniform way to assess reasonableness. Graham does nothing to define the limit of reasonable force, leaving police officers with no guidance on how much force constitutes excessive force.
In addition to the deference of the objective reasonableness standard,
168). Other than the police stopping brutality internally, the use of civilian review boards can be used. These boards must be able to receive all the evidence in a case, including the police audio tapes, in order to make fair judgment if excessive force was used or not. If excessive force is present in cases, these review boards must be able to punish the police or they are almost useless. Whether or not a person believes police brutality is a serious problem, it must be stopped. In some cases, where more force is needed than in others, it is still there. Even in areas where police and the use of excessive force is not a huge problem, it must be decreased properly by both the police and the public. Finally, there needs to be rules making sure it never happens again.
Happening in today’s society, there have been countless number of citizens being killed by law enforcement. Some situations may not cause for force and others may. This case can be a reference in regards to making sure that the force you use is appropriate for the situation. As for the justice system, it is all about being fair and listening to both sides and issuing out the right punishment if there is any. Many people in today’s time needs to get educated when it comes to the reason behind why law enforcement uses force to handle the situations they have to deal with. But in the end it all comes down to right and
In the case, U.S. Supreme Court Graham v. Connor, the Fourth Amendment of the Constitution was applied. It seems that before, the standard for judging unreasonable force, or actionable force, was just whether the officer used that force out of deliberate cruelty, or whether he really meant to protect public safety. The conclusion of the Supreme Court was that this is not a good enough measure. Just because he had good intentions does not mean that the force, search, and seizure were not reasonable and that the person's rights were not violated.
The United States Judicial System is made up of several different courts, which includes the federal court system, the state court system, and the local court system. All three of those court systems handle different types of cases and have their internal structures and roles.
If given this prompt at the beginning of this semester I would have answered with a resounding yes, the criminal justice system is racist. The classes I have previously taken at LSU forced me to view the criminal justice system as a failed institution and Eric Holder’s interview in VICE - Fixing The System solidified that ideology. The system is man-made, created by people in power, and imposed on society, so of course there will be implicit biases. The issue is that these internally held implicit biases shaped the system, leading the racial and class disparities. VICE – Fixing The System addressed heavily the outcomes that we see in today’s society based on these implicit biases. Additionally, this documentary focuses on the ways that mainly
Saint Augustine once said, “In the absence of justice, what is sovereignty but organized robbery?” The criminal justice system in America has been documented time and time again as being a legal system that borders on the surreal. We as Americans live in a country where the Justice Department has failed to collect on $7 billion in fines and restitutions from thirty-seven thousand corporations and individuals convicted of white collar crime. That same Justice Department while instead spending more than 350% since 1980 on total incarceration expenditures totaling $80 billion dollars. America has become a place where a 71-year-old man will get 150 years in prison for stealing $68 billion dollars from nearly everyone in the country and a five-time petty offender in Dallas was sentenced to one thousand years in prison for stealing $73.
The Tennessee v. Garner case impacted law enforcement agencies today by utilizing the Fourth Amendment right of not using deadly force to prevent a suspect from fleeing unless the officer is in imminent danger of their life. Consequently, before this was set into place, an officer had the right to use deadly force on a fleeing suspect by all means.” The first time the Court dealt with the use of force was in Tennessee v. Garner, in Garner, a police officer used deadly force despite being "reasonably sure" that the suspect was an unarmed teenager "of slight build" who was running away from him” (Gross,2016). Whereas, with Graham v. Conner case was surrounded around excessive force which also has an impact on law enforcement agencies in today’s society as well. “All claims that law enforcement officers have used excessive force deadly or not in the course of an arrest, investigatory stop, or other “seizure” of s free citizen should be analyzed under the Fourth Amendment and its “reasonableness” standard” (Doerner,2016).
In history, crimes have been dealt with by the justice system according to its severity as well as the offender: if the crime committed was not very serious and the offender was deemed “non-delinquent”, or “free of any real criminal disposition”, they would be cautioned or fined. However, were the crime a more serious one and the offender appeared to have a “criminal character”, they would receive more severe and more deterrent punishment (Garland, 2001: 42).
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.
Within the Federal Government there are three main branches; “the Legislative, the Judicial, and Executive” (Phaedra Trethan, 2013). They have the same basic shape and the same basic roles were written in the Constitution in 1787.
For my research paper I decided to observe at the North Justice Center in Fullerton, CA for the morning session. My goal entering there was to watch the process of a criminal trial since I felt that would be the most interesting and would allow me the opportunity to witness all the working parts of our justice system in action. While waiting for the criminal trial to open its doors and start, I managed to come across a post- arraignment court, where I was able to watch a different side of our criminal justice system. This is the side that enforces the punishment and makes sure that restitution is paid for whatever crime was committed. By far the most interesting thing I took from this experience was the differences in how the judges conducted themselves in their courtrooms and the amount of discretion that they were allowed to use. For this paper I will be going over what I observed in both the post-arraignment court and the criminal trial and analyze my findings in a sociological context.
In order to keep a safe society, it is important to establish a nation with
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.
Skolnick, J., Fyfe, J. (1993) Above the law: Police and the Excessive use of force. United States: The Free Press
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.