Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Excessive force in the law enforcement
Use of force and police discreation
Use of deadly force police
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Excessive force in the law enforcement
When a law enforcement officer uses force on a subject it will be classified into one of three main categories which are, justifiable, excessive, and deadly force. The authority for law enforcement officers to use force comes from the United States Constitution (case law), state statutes, and department policy. Law enforcement use of force is very important because it involves the patrolman on the street, the corrections officer in jails and prisons, and the courts where excessive use of force cases are held.
Often times while attempting to make an arrest, a law enforcement officer will have to use the appropriate use of force to make the arrest. In some instances the appropriate use of force for some officers will be as simple as the officer physically escorting the subject away from the area and placing him or her in handcuffs. For others it will be a more serious use of force classified as deadly force and it will involve the officer discharging their firearm at the subject to protect their life or the life of another.
Some news programs portray law enforcement officers as constantly using force on subjects. The Rodney King case in 1991 received worldwide attention when news programs showed a video of King being hit repeatedly by Los Angeles police officers using batons. More recently the news videos about police use of force have involved the police and the occupy Wall Street protesters. If society based their opinion on police use of force just by what they have seen on the news they would assume that the majority of law enforcement officers are using force, however, statics show that “Among all calls for service, force was used by the police less than 1 percent of the time, according to a study examining police us...
... middle of paper ...
... courts that the amount of force that they used was justified. Some officers may not be able to prove their actions were justified and they can be found guilty of excessive force and can be held liable for civil and criminal charges. The courts have also become involved in police use of force by passing case laws that apply to all law enforcement officers across the nation.
Works Cited
Cole, G. F., & Smith, C. E. (2010). The american system of criminal justice. (12th ed.). Wadsworth Pub Co.
Fla. Stat. § 776.05 (2011)
Fla. Stat. § 776.06 (2011)
Graham v. Connor, 490 U.S. 386 1989
Illinois v. Gates, 462 U.S. 213 1983
International Assoc of Chiefs of Police. (2001). National Institute of Justice. Retrieved 12 6, 2011, from Statistics on the Use of Force: https://www.ncjrs.gov/app/publications/abstract.aspx?ID=197636
Tennessee v. Garner, 471 U.S. 1 1985
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
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
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.
Pollock, J. M. (2012). Crime and justice in America: An introduction to criminal justice (2nd ed.). Amsterdam: Elsevier.
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.
Lawrence analyzed more than 500 incidents of police use-of-force covered by the New York Times and in the Los Angeles Times from the year 1981 to 1991. Lawrence informs readers of the structural and cultural forces that both shape the news and define when police use excessive force. Lawrence claims that police brutality incidents occur in greater numbers than those that are reported. She also explores how media is obtained, so the public can see a new perspective on policing policies. Journalists decide whether one story makes it to the news if the issues and events need light shone upon them.
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.
The degree of force that officers use is heavily influenced by police discretion in real-world situations rather than espoused by a certain agenda. Discretion can be classified into four different categories where administrators, the community, and the individual police officer exercise differing degrees of influence in decision-making. What is needed to help officer discretion is a central ethos that will guide discretion when all other rules fail to help.
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
Police are trained to demand control of all situations some officers even have problems separating their career life from their personal life. They "eat, live, die" police work. Their identity is defined by the uniform that they wear and any conflicts in their life are seen as challenges to their dominance (“The Misuse”). This training shows that the police are given the idea that they have authority over other citizens. The officers of the law are also trained to use force continuum which means to only use the amount of force necessary to control the situation and the person. It begins with officer presence, vocal direction and soft empty-hand techniques. If the person continues resistance, the officer may escalate to hard empty-hand techniques, chemical agents and upward toward lethal force the idea is to bring the person into compliance and under control without causing injury” (“The Misuse”). This system gives the police the idea of needing superiority and full control over the suspect in all cases also this gives the officers the permission to use the amount of power that they feel is necessary in order to gain the control of the situation. So when they stop somebody that has the predetermined negative connotation and fear of police will be scared of what is going to happen so they will be more likely to try to run or resist the officers commands and direction even if
Neubauer, D. W., & Fradella, H. F. (2011). America’s courts and the criminal justice system (10th ed.). Belmont, CA: Wadsworth.
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
Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century
Police brutality is an act that often goes unnoticed by the vast majority of white Americans. This is the intentional use of “excessive force by an authority figure, which oftentimes ends with bruises, broken bones, bloodshed, and sometimes even death” (Harmon). While law-abiding citizens worry about protecting themselves from criminals, it has now been revealed that they must also keep an eye on those who are supposed to protect and serve. According to the National Police Academy, in the past year, there have been over 7,000 reports of police misconduct; fatalities have been linked to more than 400 of these cases (Gul). Police brutality is often triggered by disrespect towards the police officer.