CJAD455SentenceOutline -REQUIRED (Must Use) (4)

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Franklin University *

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455

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Law

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Apr 3, 2024

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docx

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5

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Brief title Delete all red text before beginning 1 I. Introduction A. Criminal justice is often faced with several ethical challenges. One major ethical issue in the realm of criminal justice is the use of force. Issues include what force the police should use, when, and how to deliver justice if it is used improperly while simultaneously uploading the rule or law to the question of how to correct the criminal in such situations. The use of force has been instilled in the law enforcement culture. Undoubtedly, force is necessary for the field, but what force, how much force, and when the force is used, is essential to efficient policing. This paper will develop an understanding of the ethical dilemma challenging the use of force in law enforcement. B. One of the major challenges in the criminal justice system that I deem very challenging is determining the proper use of force by law enforcement personnel such as police officers. There is often a conflict on how much force the police are supposed to use when making or executing an arrest (Kim, 2022). This is an ethical issue because in most cases, the police are judged when using force especially given the history. However, in some cases, the use of force is necessary due to the nature of the criminal’s behavior. However, in some cases, police do use excess force where it is unnecessary (Abylkasymova et al, 2022). C. The paper will address issues such as the history of the use of force, Though use-of-force can be necessary at times, there are instances when the force was not warranted. Additionally, it will address why the exact amount of force to be used in making any arrest remains an ethical issue that is hard to determine. All in all, the paper will discuss the ethical challenge around the appropriate amount of force to use during or when making an arrest and how to resolve the ethical dilemma using ethical systems. II. Ethical System (s), Concepts and Philosophies to be Applied A. Reasonableness of the use of force
Brief title Delete all red text before beginning 2 B. The philosophical concepts of reasonable necessary force argues that the use of force by the police should be based on a given ethical element of the necessity or the reason for the use of the extra power. Ethically, the use of force by the police according to this philosophy demands that there should be a reason for the use of power. The reasonableness of the force used by the police during an arrest is often an issue under question. This is normally determined by the severity of the criminal issue or the crime that an individual is suspected of, whether the suspect poses an immediate or greater danger or threat to the safety of the law enforcement officers and whether the suspect is actively resisting an arrest or attempting to evade arrest by flight or fight to the law enforcement officers (Rizer, 2020). Ethical systems that will be discussed are utilitarianism, ethics of care, and ethical formalism. III. Relevant Professional Missions A. Crime Fighter versus Public Service B. From a law enforcement perspective, both missions (crime fighter and public service) seem to be relevant to the matter of the use of force, so they will both be discussed. The framework of the use of force when making an arrest has a framework that is based on key principle, which includes; legality, necessity, proportionality, and accountability. The application of force according to these four principles demands that the use of force during an arrest be done in line with the international human rights principles governing the use of sources and firearms. Therefore, if using force when making an arrest is done within these principles, it should be viewed as an arrest-free dilemma.
Brief title Delete all red text before beginning 3 IV. Discretion A. Principle of international human rights B. The choice for applying force is based on the framework of the key principle listed by international human rights. Based on this principle, the application of force when making an arrest can therefore be ethical when the law enforcers follow the four principles, when it is necessary because the officers feel the threat to safety, or when the crime committed is severe and that it is necessary ( FBI, 2018). Under this, the police officers are allowed to use force in making the arrest but not to harm to make it possible for the criminal to be presented in a court of law for prosecution. This, therefore, solves the question of the ethical dilemma associated with whether their use of force is necessary or not. C. The amount of force to be used by law enforcement officers is often controversial. Police officers have the discretion to use as much force as they feel is necessary to ensure the protection of both the public and themselves. The application of force by the law enforcement officer during an arrest is a question that can be investigated on the ethical front as an issue with two sides. Most people normally feel that the police officer uses excessive force while making an arrest, but this is normally without regard to the circumstance, which results in the use of force. V. Subcultures and Learning Theories A. The Police Subculture and Learning Theory
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