THE USE OF FORCE
The use of force has always been a controversial topic and the masses are debating on when the use of force can be applied in apprehending suspects. There have been many cases in which officers were criticized for the excessive use of force to apprehend suspects and have caused and uproar from the communities across the states. On the other hand, law enforcement officers face danger when carrying out their duties and when dealing with unpredictable situations. Police officers have little time to assess the situation and use the appropriate measures based on the situation. There is no known universal definition for excessive use of force. The International Association of Chiefs of Police (IACP) in its study, Police Use of Force in America 2001, defined
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In another study that was done by Bureau of `justice Statistic that the legal test of excessive force is whether the police officer reasonably believed that such force was necessary to accomplish a legitimate police purpose, but they argue that there is no universally accept definitions of reasonable and necessary because the terms are subjective. A court in one jurisdiction may define "reasonable" or "necessary" differently than a court in a second jurisdiction. More to the point is an understanding of the "improper" use of force, which can be divided into two categories: "unnecessary" and "excessive." The unnecessary use of force would be the application of force where there is no justification for its use, while an excessive use of force would be the application of more force than required where use of force is necessary. There is a thin line between excessive force and justified use of force, How ever the use of excessive use of force is carried out differently
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
The use of force, particularly with correlation to officer morale and/or inadequate education/training, has become particularly problematic. Measures should be taken to reduce the injury to suspects, particularly physical injury resulting from poor officer tactics or malicious intentions not related to upholding the law. These are problems, which, if properly handled and rectified, will result in improved officer morale, improved relationships with the public as well as ensure a continued upstanding reputation for the oldest police force in the nation.
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.
In most if not all the cases the victim of the excessive force is charged with resisting arrest and or assaulting a police officer, When in fact they are the ones who have been assaulted and victimized themselves. They are now fighting two uphill battles that are very difficult to win in any situation. A lot of the time the victim is from a poor or low income area and may have already been perceived to be a criminal by the police. The police have a great deal of power and they sometimes manipulate situation to make it look like or to hide what may have happen in an arrest situation. My father would tell me stories about the police and the things some officer would do to get away with abusing their power. The police need to be monitored and public needs to be more educated about what Law enforcements job is and how to best help them do it.
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 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.
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
According to the Dictionary of Policing, “Force is the exercise of physical coercion by the police in the performance of their duties” (Rappert). While many believe that the use of force by police is not needed and only causes more problems, there are also people who support officers and their use of force in order to protect. Police should be able to use force without opposition to detain people trying to harm others, save their own lives, and stop escalating situations.
Early in the 17th century was when the first modern day policing was expected to have begun. Ever since the 18th century begun, incidences of police using excess force by abusing their power have been quite common. As time progressed, these wrongful actions by police have been entitled as police brutality. Police brutality is defined as" the use of excessive force used by police dealing with public... excessive force can be either physical, verbal, and/or psychological". According to this definition, whether it be arresting someone with too much force or even uttering certain statements, can all be classified as police brutality. No individual should be victimized by police officers who use excess force that in no way deters crimes. It does nothing but bring a dire unjust society in which innocent people can feel afraid; and give those officers who are correctly doing their duties a bad reputation. Due to the dispensable, unscrupulous nature of police brutality; several measures including disciplining police officers, stricter laws(and stringent penalties), integration, as well as educating the general public about their rights, must be applied in order to extirpate the misconduct citizens should not have to face.
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.
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.
principle differentiating the two is the intent of the perpetrator of either an assault or battery. A
Skolnick, J., Fyfe, J. (1993) Above the law: Police and the Excessive use of force. United States: The Free Press
Policy paper on the Police Use of Force and Accountability Executive summary An argent need for regulation of the controversial use of force by the police officer is articulated in a contemporary Police Use of Force and Accountability policy agenda of the United States government. Use of force by a police officer can jeopardize the stability of a police department and its relationships with the community overnight (Skolnick & Fyfe, 2013). This paper examines police use of force and accountability and gives a brief description on the need of changing policies, training, and police “culture” with respect to use of force.
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.