Use of Excessive Force and Sexual Misconduct in Law Enforcement
opinion Essay
1377 words
The Bureau of Justice conducted a police-public contact survey. Eith and Durose (2011) state that 9 out of 10 residents who were sixteen years old or older advise that they believed that the officer’s that they had contact with, acted fairly and did not abuse their authority. There have been a number of officers who have been accused and convicted of using excessive force. In one case in a maximum security prison in New York there were two correction officers that were caught on video hitting an inmate that was handcuffed behind the back. According to the video it did not appear that the inmate provoked the assault in anyway. Both officers that were involved in the assault were later fired by the prison and they were found guilty of a civil rights violation. Sexual assault and sexual misconduct are other issues that must be addressed and dealt with in law enforcement. Sexual assault of an inmate by an officer should never happen under any circumstance. However, when it does officers should be dealt with immediately. There is never a situation where sexual contact with an inmate should be allowed or over looked. Sexual contact with an inmate should be grounds for immediate termination, as well as charges filed against the officer. In 2008 a court of appeals in Michigan found in favor of ten female inmates who were sexually abused by guards at Michigan's Scott Correctional Facility (Heenan, 2009). These women were awarded $15.4 million. In another case of sexual harassment and rape in another Michigan prison, eight women were awarded $8.5 million for the abuse they sustained while incarcerated (Heenan, 2009). In a case in New York City a male police officer told an eighteen year old female that he would do away with h... ... middle of paper ... ...er, E. (2013). Reforming police use-of-force practices: A case study of the Cincinnati Police Department. Columbia Journal of Law & Social Problems, 46 (4), 539-586 Sheng, P. (2011). An "objectively reasonable" criticism of the doctrine of qualified immunity in excessive force cases brought under 42 U.S.C. § 1983. BYU Journal of Public Law, 26(1), 99-110. Smith, M. R., Petrocelli, M., & Scheer, C. (2007). Excessive force, civil liability, and the taser in the nation's courts. Policing, 30(3), 398-422 Sussman, A. (2012). Shocking the Conscience: What police tasers and weapon technology Reveal about excessive force law. UCLA Law Review, 59(5), 1342-1415. Tasers and liability. (2010, Jan 05). New York Times (1923-Current File) Williams, G. (2002). Force continuums: A liability to law enforcement? FBI Law Enforcement Bulletin, 71 (6), 14
In this essay, the author
- States that eith and durose (2011) state that 9 out of 10 residents who were sixteen years old or older advise that they believed that the officer’s they had contact with acted fairly and did not abuse their authority.
- Explains how two correction officers were caught on video hitting an inmate that was handcuffed behind the back in a maximum security prison in new york.
- Opines that sexual assault and sexual misconduct are issues that must be addressed and dealt with in law enforcement.
- Describes how a male police officer told an eighteen-year-old female that he would do away with her citation if she would perform oral sex on him. the officer was convicted of coercion, official misconduct, and was jailed without bond.
- Opines that the head of the hawaii prison, george sumner, acknowledges that there are issues in the prison.
- Opines that there is no place in law enforcement for sexual misconduct or excessive use of force. excessive force reflects poorly on all officers nationwide, regardless of whether it was a correction officer or road officer.
- Explains that police officers and correctional officers have a job that can be extremely dangerous. they are dealing with people when they are at their worst and aren't thinking clear.
- Explains that in 2011, there were 122 jail deaths per 100,000 inmates, and that three out of four suspects were involved in the arrest due to a violent crime.
- Explains that there were 380 law enforcement officers that died, 159 officers murdered on duty, and 221 accidental deaths of officer’s.
- States that there were only 16 arrest related deaths in the state of missouri from 2003 to 2005, of which only nine were officer related, two died because of the intoxication level, four committed suicide, and one died from illness.
- Opines that there are hundreds of articles in reference to officers abusing their authority and using excessive force. they are shocked by the actions of some officers that were found guilty.
- Explains that there are cases where inmates or people who are being arrested resist or assault officers and the officers do what is necessary to control the situation. street officers are assaulted about 60,000 times a year.
- Explains that correctional officers face a different type of threat, including being attacked by toothbrushes, razor handles, and razors. they must be prepared and watch for anything out of the ordinary.
- Opines that male inmates are more at risk for a physical assault than sexual assault. however, there are sexual attacks against males but the numbers are smaller than the number of assaults that the females are subject to.
- Opines that even though the number of use of force, excessive force and sexual assaults cases on inmates or persons being arrested continues to climb, there are many more officers that are ethically sound and follow the law.
- Analyzes how the court reaffirms rules governing excessive-use-of-force lawsuits.
- Cites archbold, c., and maguire, (2002). studying civil suits against the police: a serendipitous finding of sample selection bias.
- Analyzes how the fbi law enforcement bulletin documents the use of force.
- Describes guild notes and kinnaird, b. a., on investigating liability profiles: a proximate cause analysis of police misconduct.
- Cites mccoy, phillips, and mulloa, c., as well as olson, s. and petrocelli.
- Cites pryce, v. k., davis, e, bohrer, and infanti, b. (2012). restraint in the use of deadly force a preliminary study.
- Analyzes sheng's "objectively reasonable" criticism of the doctrine of qualified immunity in excessive force cases brought under 42 u.s.c.
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- The Persistent Problem of Police Brutalityopinion essayThere is a widespread and persistent problem of police brutality across the United States. Thousands of individual complaints about police abuse are reported each year and local authorities pay out millions of dollars to victims in damages after lawsuits. Police officers have beaten and shot unresisting suspects; they have misused batons, chemical sprays, and electro-shock weapons; they have injured or killed people by placing them in dangerous restraint holds.
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- Opines that ai's first-ever detailed account of the state of human rights in america validates my long-standing fear that the united states may become a tyranny if present trends continue.
- Opines that amnesty international's usa: rights for all report confirms that the overwhelming majority of victims of law enforcement abuses are members of racial and ethnic minorities.
- Analyzes how the report shows that authorities fail to deal effectively with police officers who have committed abuses. the "code of silence" commands widespread loyalty, contributing to impunity.
- Opines that ai's report condemns "endemic physical and sexual violence against prisoners" and calls for abolition of the death penalty.
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2120 wordsRead More - Use Of Force Essayanalytical essayThis fact finding study is concerned with the investigation of factors related to injuries that occur to officers and citizens during use of force incidents. Prior studies have shown that 1-2 percent of police-citizen contacts involve the menace or application of physical force by police, while 15-20 percent of arrests may result in the use of force by police to control a violently resistant suspect. Most applications of force are low level, and usually involve the use of an officer’s hands, arms, and body to to gain control of a suspect. But, not all force is minor and officers are trained and equipped to use a gamete of varying force techniques and weapons to overcome resistance. These include less lethal devices such as pepper spray, batons, Tasers, as well as firearms in the event of threats of death or serious bodily injury. There are various legal and independent departmental policy restrictions that govern the use of force by officers. In most law enforcement agencies, the use of force is tightly controlled by policy, and more serious applications of force are reviewed and investigated by supervisory personnel, internal affairs units and use of force review boards.
In this essay, the author
- Explains that the survey sought information about less lethal weapon deployment around the nation.
- Argues that a relatively small proportion of police-citizen contacts involve the menace or application of physical force by police.
- Explains that some agencies do not use linear continuums; those that do have varied categories and definitions. the survey asked for information regarding ized use of various types of less lethal force.
- Explains the differences in how some variables, like demographics, were measured and reported, such as the injury variable.
2534 wordsRead More - Ethical Issues In Policinganalytical essayAs a result of the recent rise of the use of excessive force cases against police and law enforcement, I have chosen to research the definition of that excessive force. When is it considered justifiable? What training do officers receive? What liability issues are there? In an ABC news article, Sascha Segan states there is no specific definition of excessive force. A part of everyday police work is to subdue criminal and suspects. Another everyday task of police officers is personal discretion - making the right decision based on the specific situation. It has been documented in multiple viral videos that law enforcement officer’s discretion is not always favorable in the public eye and is quick to be judged. Yet shouldn’t we be asking if the officer’s actions were justifiable within the court system and if
In this essay, the author
- Analyzes how the recent rise of excessive force cases against police and law enforcement prompted them to research the definition of the term.
- Explains that police use excessive force, which is causing controversy and lack of respect for law enforcement. the main and dominant aspect of police work is the protection of citizens' moral rights.
- Explains that under moral rights, a human's right can be violated without them asserting it. the police force have monopoly on the use of coercive force within their own communities.
- Explains that training officers is essential in law enforcement for all aspects of police work, but educating them when it is suitable to use force and which options are best suited for each individual situation can only be reached through training.
- Analyzes how police officers are sued for job-related matters, and the importance of legality in their work.
- Concludes that the media puts a burden on the profession of law enforcement, but police are the first people called when something horrifying happens.
1595 wordsRead More - Police Brutality is a Criminal Actexplanatory essayIn 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.
In this essay, the author
- Explains that police brutality is a real problem that many americans face today. there are different levels of force and the situation dictates the level of use most of the time.
- Explains that the police are obligated to protect and this applies in many ways to those who choose to violate the law as well.
- Explains that police brutality can be traced back to the early seventeenth and eighteenth centuries, but it escalated into excessive force during the 1960s and 1970s.
- Opines that the police can be disrespectful and unfair at times, and that their father was a police officer.
- Explains that most police brutality goes unreported as victims are scared and feel like they have no one on their side.
- Opines that when police officers feel disrespected they may feel like force is one way to get it back, even though it is not the legal or moral thing to do.
- Explains that internal affairs investigates cases of lawbreaking and personal misconduct attributed to officers on the force or in that police department.
- Opines that independent community groups, umbrella organizations, and justice committees are important to ensuring public accountability in the investigations.
- Opines that the victim of 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.
1671 wordsRead More - Taser Use Guidelinesexplanatory essayThere has recently been a demand for the use of less than lethal weapons in the community, and country at large. To meet this demand, the Asheville Police Department will be adopting the use of Tasers. Though Tasers are potentially lethal, they can be used more safely that a handgun, yet are more incapacitating than chemical spray. The use of Tasers will be explained with training as technology and laws progress. The most important thing is that the use of Tasers always falls within the law. Any actions taken should be proportionate to the situation, and the use of force should be no more than what is absolutely necessary. Officers must be prepared to show that they acted reasonably and justly. They must stay within the boundaries of use of force, and take responsibility for their actions. Similarly, superiors must also show justification for any decision or action.
In this essay, the author
- Explains that the asheville police department will adopt the use of tasers to meet the demand for less-than-lethal weapons in the community.
- Explains that tasers are a relatively new weapon and there are many misconceptions about their use. all officers will receive extensive training to stay abreast of new developments in the law.
- Opines that tasers should be used only when a suspect is aggressive towards an officer, and when the use of lower force weapons is unsafe for the attending officer(s).
- Explains that all officers using the taser during an incident must fill out a report that specifically addresses injuries caused by the use of the weapon.
- Opines that the most important goal here is to foster understanding and satisfaction in the community and in this workplace. the review board will hear the concerns of both officers and citizens annually when this policy is up for renewal.
524 wordsRead More - Essay On Coercive Forceanalytical essayAccording to Sousa, W., Ready, J., & Ault, M., (2010), the use of conducting energy devices, or CEDs, to regulate or pacify aggressive suspects has become a more common practice across North America. However, there is growing controversy surrounding the use of Tasers. Police departments claim that they can incapacitate suspects without causing any bodily harm and or anguish. When in fact, several studies have been conducted and display that certain deaths have been connected to the use of Tasers Sousa, W., Ready, J., & Ault, M. (2010). Just a mere eight years ago, Canada experienced yet again, what conductive energy devices are truly capable of. On October 13, 2007, Robert Dziekanski left Poland to join his mother in Canada. Upon entering the Vancouver airport to meet his mother, Robert was sitting and or sleeping in the luggage carousel area which is prohibited to the public. After the Canadian Border Service Agency escorted Robert to the waiting area, he became aggressive, banging on the door and screaming to let him back into the luggage carousel portion of the airport. At this time four Royal Canadian Mounted Police officers, or RCMP, were called in for assistance. The officers used the Taser on Mr. Dziekanski a total of four times before he fell unconscious and died on the scene. An autopsy furthered unveiled that Robert Dziekanski’s death can be directly linked to the use of force applied by the
In this essay, the author
- Argues that the defining role of police officers is to control civilians and to ensure the people's safety. lack of training and policing tactics can cause excessive force.
- Explains that coercive force can be defined as anything that can lead to the harm of an individual.
- Explains phillips' view that the use of force should be restricted at all times and applied only as a last resort.
- Explains that a police officer can become forceful with the sole use of their voice; verbal commands are subject, but not limited to shouting, informal commands, conducting verbally threats, and cursing.
- Explains that the use of conductive energy devices, or ceds, to regulate or pacify aggressive suspects has become a common practice across north america.
- Explains that the supreme court has administered broad procedures for law enforcement officials to follow, but police officers are free to utilize their discretion when selecting to administer further restrictive measures.
- Opines that police officers must become experts in dealing, sympathizing and interrelating with people who suffer from mental illnesses. however, officers today do not receive enough training, comprehension and patience in order to effectively assist and be directly involved.
- Opines that police officers should partner with health care professionals to further develop their skill and their roles in the community. recent efforts to implement crisis prevention teams, or cits, are theorized to enhance an officers’ capabilities to effectively, respectfully and safely interact with people suffering from mental illness.
- Analyzes how the police force was not trained properly to handle the incident that occurred on october 13th of last year. the incident sparked a four day-long high priority manhunt established by the royal canadian mounted police.
1899 wordsRead More - Warrior Police Case Studyopinion essayIn my opinion the concept of “warrior police” helps better explain cases of excessive force. Excessive force is “the application of an amount and frequency of force greater than required compelling compliance from a willing or unwilling subject”. Police are taught to adopt in the face of a life-threatening struggle. They have the mindset survive a bad situation no matter the odds or difficulty and to never give up even when it is mentally and physically easier to do so.
In this essay, the author
- Opines that officers are human just like an individual who does not wear that uniform. communication in law enforcement is an important fact when dealing with civilians.
- Explains stoughton's concept of "warrior police" helps explain cases of excessive force. excessive force is the application of an amount and frequency of force greater than required compelling compliance from a willing or unwilling subject.
- Describes the recent cases of officer-involved shootings where the victim is non-black.
- Explains that this concept helps explain and gives them a better understanding of what happened in the cases of tamir rice, sandra bland, freddie gray and other recent cases where the victim were non black.
- Opines that police officers see african americans as a threat because of the stereotypes that are placed on them.
- Opines that there are no situations where "warrior policing" is appropriate. an officer should always have an open mindset when dealing with any situation.
- Analyzes how stoughton explains the "guardian" police as an officer who may offer solutions that enhance both officer and civilian safety in ways that increase public trust in the police.
791 wordsRead More - The Use of Deadly Force by Police Officersopinion essayThe use of deadly force by police officers is a very important subject in today’s society. Many consider the use of deadly force excessive in most cases. However, there are many aspects to look at when considering this topic, such as: Why was deadly force required? When did the officer feel it necessary to apply deadly force? What will be the implications for the officer after the fact? How does the use of deadly force affect society as a whole?
In this essay, the author
- Explains that the use of deadly force by police officers is a very important subject in today's society.
- Explains that deadly force is often granted to police forces when the person or persons in question are believed to be an immediate danger to people around them.
- States that the olr research report states connecticut law requires an officer to use deadly force when he or she believes it is necessary to defend himself or herself or a third person from the use or imminent use of deadly physical force.
- Explains how the fbi law enforcement bulletin outlines six investigative elements in a case of deadly force. the process could take months or years to sort out.
- Explains that the criminal justice process involves the gathering of evidence by the proper authorities, witness testimonies, expert testimony, psychological examinations, forensic reports, ballistics reports and extensive preparation on the part of the prosecutor and unfortunately media coverage.
- Opines that public outcry has caused these types of situations to be glamorized and highly publicized.
- Explains that the number one stressor for a police officer is killing someone in the line of duty. there are several sources of stress involved with an officer-involved shooting.
- Explains that when an officer uses deadly force, it changes their perception of things. many officers experience behavioral disturbances and slower cognitive response time.
- Explains the five phases of the post-shooting reaction: concern about being able to pull the trigger, exhilaration, recoil, and remorse.
- Opines that many officers never fully recover from this type of incident and experience many post traumatic symptoms for years. the officer is the individual who must overcome this tragic event.
- Concludes that it is not a law enforcement shooting that generates negative consequences, but how the involved agency handles the incident that fosters misperceptions.
1121 wordsRead More - Should There Be Direct Laws Against Police Brutalityanalytical essayMany countries prosecute officers who are guilty of using excessive force, but there are no direct laws to counter all forms of police brutality, as an example, police in New York pepper-sprayed 3 little children (5 month, 2 year and 4 year old) and their mother because they thought that they were trying to fare dodge ...
In this essay, the author
- Explains that their isp is on police brutality, and if there should be direct laws that counter it.
- Explains police brutality is when a police officer uses unnecessary and excessive force on suspects, but can also include verbal attacks and psychological intimidation.
- Explains that some officers can suffer from personality disorders, previous traumatic job-related experience, inexperience or aggressiveness, inappropriate patrol styles, and personal problems.
- Opines that there are no direct laws to counter all forms of police brutality. police pepper-sprayed 3 little children and their mother in new york because they thought they were trying to dodge a subway train, choking the 2 year old.
- Analyzes how police brutality caused riots and labor strikes, including the 1992 la riot, where rodney king was beaten and tased by police after a high-speed pursuit.
- Explains that the police have a wide array of weapons that they use for both regular patrol and riot patrol.
645 wordsRead More - Why Do Police Officers Use Excessive Force?analytical essayPolice officers are viewed as the gatekeepers of formal social control instead of the law breakers because they are responsible for enforcing the laws and protecting the public. The use of excessive force by police officers in America is covered-up by the agencies chiefs because the system is corrupted. There is no accountability for misconduct, instead, law enforcement agencies have a code of silence that must be followed and respected by all officers which help to continue the vicious cycle. The agencies more than often pay out a civil settlement for police brutality cases due to the use of excessive force. Police officers in different cases have taken the law into their own hand to obtain order and never face penalties for their actions. The use of excessive force is the unwarranted or unneeded infliction of contact by personnel involved in law enforcement while executing their certified duties. Furthermore, the police brutality is regularly concrete in the setting of initiating physical harm to
In this essay, the author
- Argues that police officers are viewed as the gatekeepers of formal social control instead of the law breakers because the system is corrupt.
- Explains that internal disciplinary infringements are not processes correctly within the police agencies, which is described as ‘‘rule bending’’ within law enforcement.
- Explains that officers should use minimal force when interacting with the public to maintain control if necessary by law enforcement. police brutality and excessive force are unavoidable in police effort.
- Opines that law enforcement agencies actively discourage accountability and that abuses are covered up and justified from above. if misbehavior by officers wasn't overlooked or actively excused by supervisors, justice would be out of reach.
998 wordsRead More