The use of deadly force by the police is a very controversial and popular topic, as of recent (the last few years or so). Officers who find themselves in a situation where deadly force is needed are put under intense scrutiny of the media and the public. What the news and other media tend to leave out about incidents of deadly force is that nearly impossible decision that officer had to make in only a few short moments. This brigs forth the question "when should the police use deadly force and when should they not?" according to the Model Penal Code, section 307(2)(B), where the rules of law enforcement officers' use of deadly force was adopted, states that the use of deadly force is justifiable only under the following
However, if the officer is in immediate threat, he has the right to use deadly force to protect themselves from being the victim. “The Court held that the use of deadly force is subject to the Fourth Amendment's reasonableness requirement, and that the Tennessee statute was unconstitutional in so far as it authorized the use of deadly force to prevent the escape of all felony suspects, whatever the circumstances” (Gross,2016). Nonetheless, it also depends on the seriousness of the crime as to how excessive the force may be to control the civilian actively resisting apprehension. Conversely, “what Graham did was to set the tone for how officers should be trained to react in a given situation” (Doerner,2016). Therefore, there are variables set in place to control and monitor the law enforcement standards and training aspects
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
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
One case involving police brutality and the NYPD is the Amadou Diallo case. In February of 1999, 22 year old Amadou Diallo was standing in front of his home unarmed when four plain-clothed police officers came up to him and shot at him 41 times, hitting him 19 times. He died instantly. Diallo had no prior criminal record (Cooper). This raises the question: was the use of deadly force warranted in this situation? According to the cops and other witnesses, Diallo was
Law enforcement officers are in constant dangerous situations while out doing their responsibilities. When in these threatening situations, police officers typically have little to no time to determine the right precaution. These precautions may lead to the death of a suspect or even the officer themselves. The media has recently shed light on police brutality with use of force. Use of force could be defined as the amount of effort an officer must use in order to make an unwilling subject compel. Police officers are usually trained to enable the proper responsible to a dangerous situation they may be put in. In this paper I will go through the guidelines that a police officer must obey when considering a certain degree of use of force. Within each guideline there will be the pro and cons with that situation and also a recent case that happened. This paper will also talk about how this topic can be addressed more properly. These guidelines that officer are taught during their training are called Use of Force Continuum.
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.
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.
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
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...
In the movie, La Misma Luna, immigration officers stormed a tomato picking workshop and asked everyone for their papers. They showed no warrant for being there, but assumed that all were illegal immigrants. When some of the workers saw what was happening, they ran and yelled a warning to everyone. The police saw that some were getting away so they used forceful action to keep who they could there. They grabbed people by the neck or by the shirt or whatever they could get a hold of; then they would throw them to the ground and brutally beat them with their police batons. In the police training handbook it describes the use of less than lethal force by saying, “The application of any less than lethal force or device should be managed and monitored in the same way as if that force could cause serious injury or death.” (http://www.justice.gov/archive/crs/pubs/pdexcess.pdf). In the situation presented in the movie, La Misma Luna, the police did not manage or monitor their use of lethal weapons carefully because they beat random people until they couldn’t move. If it had caused serious injury or death, than those particular policemen...
Police already have a tough enough job as it is. Making a decision in a split second could result in a life or death decision depending on the situation and an officer needs to be able to adapt quickly. But deadly force such as shooting to kill has become more common than before. Take for instance five years ago, a man who was unarmed and thirty five years old, was shot by a police officer who mistakenly took his garden hose as a gun. Deadly force was the wrong decision in this case. However the officer was adapting to his situation and acted quickly to a false alarm.
This paper compares and contrasts popular opinions and professional assessment of police brutality and acceptable use of force. This is not only a sensitive subject, but one that proves hard to identify. The main takeaway is that each encounter is different. Within each situation, the details and contributing factors are also different. Police have to serve the public and are entrusted with an inherent amount of power. The line when that use of power becomes abuse of power is not always so easily defined. There are occasions where the evidence shows a clear abuse of power by the police. There are instances where the public opinion views a situation as excessive, however, the police are following acceptable practices and procedures.
Police have the duty and responsibility to enforce the laws and ordinances within their jurisdiction, maintain order, and assist those within the community. Police officers protect property and lives (Duties & Responsibilities of Police Officers, 1975). In the course of duty, a police officer may use force when necessary. The International Association of Chiefs of Police has defined force as “that amount of effort required by police to compel compliance from an unwilling subject” (Police Use of Force in America 2001, 2001). The use of force is accepted as part of police work and is allowed until the force becomes excessive. Excessive force is defined as “the application of an amount and/or frequency of force greater than that required to compel compliance from a willing or unwilling subject” (Police Use of Force in America 2001, 2001). The use of excessive force may become a criminal act committed by a police officer. Police use of force is divided between non-lethal and lethal force. Non-lethal force is most commonly used by police officers, but lethal force may be necessary and acceptable to the situation. Non-lethal force includes physical force such as an officer placing a hand on an individual to show a position of authority and control, stun guns, batons, and bean-bag shots. Lethal force is most commonly the use of a firearm. The amount of force necessary is unique to each situation, may change as a situation evolves, and often depends on the experience level of the officer.
Opponents may state that excessive force is typically used as a method of self-defense, which is a vital component to ensuring that officers go home at the end of each shift. Police officers must take into account not only the lives of others, but their own lives as well. Officers may respond quickly and instinctively in order to protect themselves in a life or death situation. This sort of action is referred to as “Fight or Flight” response. This is an action that takes place in the hypothalamus of the brain, which can cause officers to react according to instinct and disregard any other opposing factors. By working in an environment that can trigger this sort of response for officers, some opponents may believe that the further training of