Police abuse is a relevant and timely issue that affects communities across the country. The majority of victims of police violence are ethnic (particularly people African-American and Hispanic descent). Civil liability is legal damages awarded in a civil lawsuit. The award amounts due to civil liability suits against police departments is the subject of heated debate and media scrutiny. There are several studies which review the use of excessive force. Three articles in this literature review discuss the use of excessive force; two in regards to civil liability while the third is a survey of officers’ attitudes. Landmark court cases are discussed. Solutions to the use of excessive force are reviewed.
Keywords: excessive force, police abuse,
Connor (1989) where the Supreme Court created limitations under the constitution. The court decided that “‘excessive forces in the course of arrest, investigatory stop, or other ‘seizure’ of a person are properly analyzed under the Fourth Amendment 's 'objective reasonableness ' standard (Lee & Vaughn, 2010)." In addition, the case of City of Canton v. Harris (1989) showed that agencies are liable under Section 1983 if they fail to properly train police officers. "The Court reasoned that municipalities are deliberately indifferent to the inhabitants ' constitutional rights when they do not train their officers regarding the appropriate use of force... (Lee & Vaughn,
In addition, women face incredible challenges when the progress in their careers, such as harassment and discrimination. These problems negatively affect police departments nationwide.
The third journal article was written by policing scholars and details police attitudes about police violence and abuse. The abuse of police authority: A national study of police officers ' attitudes was the first national study of its kind. Researchers interviewed over 900 police officers in over 5,000 police departments across the country. An interesting finding is that officers believe the "potential for abuse of police authority comes directly from the heightened community expectations and the closer community-police contact (Weisburg, Greenspan, E. Hamilton, Bryant, & Williams, 2001)." In addition, "Participants indicated the need for more experienced officers to take a lead in helping officers cope with the stress of the job and their personal lives (Weisburg, Greenspan, E. Hamilton, Bryant, & Williams, 2001)." While this report does not touch on civil liability it does discuss abuse of authority and community policing. It goes over how supervisors handle misconduct complaints and allegations. It gives readers a viewpoint into the culture of policing and the mindset of officers and their supervisors, decisions are made. This article is helpful in that it provides an inside look into the lives of police
Women bring unique skills and techniques to policing such as: compassion and understanding during undesirable and traumatic incidents. Although, women do not possess the muscles or physical strength as the male officers, they do have effective invaluable interpersonal skills. Females are viewed as threats by their male peers. Women face prejudice, peer bullying, and sometimes sexual harassment during their career in law enforcement (Criminal Justice School Info, 2014). The male officers believe that women have unfair advantages when it comes to getting promotions or advancements. In actuality, a lot of women in law enforcement are afraid to apply for higher positions due to fear of maltreatment by the male officers. Women who work in law enforcement often feel as if they must “prove themselves” beca...
Police brutality is becoming more and more apparent in the news today because it seems to be occurring more than before. In 2012, the NYPD killed 21 people that year which was an increase by 7 from the previous year (W.A.T.E.R, 1). The numbers are rising in the big cities where more crimes are likely to happen. Toronto isn’t as big as New York City, but it comes to show that police officers are killing more individuals each year. In 2009, in the little city of Cabbagetown near Toronto, two Toronto officers severely beat a man who was allegedly drunk in public. The two police officers were later found guilty of assault causing bodily harm, which shocked much of the public because rarely do police officers get charged after incidents like this. This case ended up bringing up the ethical issue of whether police officers use excessive force on people because they are law enforcements. Police officers seem to usually get away with the actions they do, which sometimes result in death, because they are law enforcements and they’re just looking out for their own safety and of others. I believe that police officers do sometimes use excessive force on people and that they get away with the consequences because they have a free pass because of their job title. To defend this judgment, the arguments that I will use are the statements of both police officers, the test results that proved that the police officers attacked a man who didn’t deserve it, and the decision of the SIU.
Smith, M. R., Petrocelli, M., & Scheer, C. (2007). Excessive force, civil liability, and the taser in
The author focuses on the U.S. Task Force on 21st Century Policing and Police Data Initiative or PDI to determine if it helps to restore trust and the broken relationship between and communities and police officers. The Task Force made by Barack Obama recommended the analysis of department policies, incidents of misconduct, recent stops and arrests, and demographics of the officers. The PDI has tasked 21 cities to comprehend the police behavior and find out what to do to change it. Also PDI was said to have data and information on vehicle stops and shootings by police officers. The use of statistics has a purpose to help rebuild trust and the relationship between and communities and police officers.
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.
When it comes to the criminal justice system, legal rulings only provide a systematic method of dealing with the problem of crime and, especially, the problem surrounding the police use of force. In Graham vs. Conner, for example, the courts established the four-factor test to evaluate police use of excessive force but left other, underlying social and moral dilemmas untouched. Furthermore, the influence money has in negotiating punishment via lawyers and bail, have made the courts a perfect playing field for the political and social elite to rule. Both have contributed to the inability for the legal dealings of coercive force to address some of the moral and social implications the use of force contains. To understand and tackle these other issues inherent in the use of coercive force, we must examine the police institution itself. The eroding and almost nonexistent social relationship between the police and the community contributes most to the problem surrounding the police use of force. In order for a better relationship to develop, the public perception of the police as a legitimate source of authority needs to be established. The loss of police legitimacy makes the increasing use of force inevitable since citizens are less willing to voluntary comply. Considering the amount of power and discretion they have, the first step to establishing legitimacy is turning to the officer selection process. When it comes to almost anything, even education, selection is more competitive as the expectations of that job increases. The qualifications and standards for entering a community college vastly differ than those required for a prestigious university. Since the police are entrusted with a great amount of power and a tremendous job tha...
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.
For many individuals, police brutality is a non-existent matter because it does not directly affect them or the community in which they live. Yet for others, this is an everyday occurrence and few limitations have been set as to what is unjust and malicious behavior of an officer towards the public, therefore, several officers are rarel...
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.
Police misconduct is as rampant as ever in America, and it has become a fixture of the news cycle. Police brutality is the use of any force exceeding that reasonably necessary to accomplish a lawful police purpose. The media is inevitably drawn toward tales of conflict, hence why there are so many crime and police stories on the news. Despite the increasing frequency of misbehaving cops, many Americans still maintain a high respect for the man in uniform. Still, police misconduct is a systemic problem, not just an anecdotal one. Here are some reasons why it is a problem. First, many departments do not provide adequate training in nonviolent solutions. With this, police are unfamiliar with what to
Every day law enforcement officials are faced with the possibility of being assaulted or killed while in the line of duty and when off duty. Officers are faced with the harsh reality that today may be their last day alive. This leads to a rush of adrenaline when responding to crimes or when they encounter various situations. Often this rush of adrenaline can cloud an officer’s judgment. Officers are then faced with the possibility of being accused of excessive force. Citizens often call an officers use of excessive force “police brutality” (Petrowski, 2005). Citizen’s opinion of law enforcement has often been linked to the media’s tactics of displaying officers using what appears to be excessive force during an arrest. This typically leads to citizens becoming outraged and creates an issue for the force. The question then arises as to what exactly is excessive force? While many citizens may characterize force as excessive, the law reflects the realities that officer’s face in making decisions to use force (Petrowski, 2005). Each complaint of excessive force has to be examined and a decision made based on the evidence and circumstances surrounding the case. It is the agency’s duty to gain control of police officers use of force in order
Police brutality remains one of the most serious and divisive human rights violations in the United States. The excessive use of force by police officers persists because of overwhelming barriers to accountability. This fact makes it possible for officers who commit human rights violations to escape due punishment and often to repeat their offenses. Police or public officials greet each new report of brutality with denials or explain that the act was an aberration, while the administrative and criminal systems that should deter these abuses by holding officers accountable instead virtually guarantee them impunity (Williams 45).
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.
Law enforcement is an important element of the United States’ system of criminal justice apart from the corrections and the courts. It is one of the major functions of the various governmental agencies of police. It is therefore concerned with police service or functions of police departments. In this paper, the author analyzes at law enforcement and related issues. Specifically, the author discusses law enforcement, theoretical understanding of the different models of policing as well as policing styles. The author also looks at the question of stress associated with the life of a police officer and how such stress affects them. This is a purely theoretical discussion based on secondary sources of information. Time and resources constraints could not allow for a more empirical, experimental fieldwork research. The materials relied upon are mainly journal articles from respectable academic journals and databases.