Part 5 Research Paper Draft - CJAD455

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Franklin University *

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Apr 3, 2024

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docx

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1 Part 5: Research Paper Draft Ashley Burke Criminal Justice, Franklin University CJAD 455: Ethics in the Criminal Justice System Dr. Howard Jordan December 11, 2022

2 Part 5: Research Paper Draft Research Topic This paper will provide research on the Use-of-Force in the criminal justice system. Historically, the use of force in law enforcement has been one of the greatest ethical challenges in the field of criminal justice. The use of force by law enforcement is often called into question when its use is unwarranted or results in severe injury or death. Interview Summary To grasp an understanding of how the use of force is currently affecting law enforcement, an interview was conducted with Cameron Briggs of the Newport News Fire Department. Cameron Briggs is a Newport News Fire Department Lieutenant and Paramedic who also serves as a Safety Officer for the department. Briggs has been on the force for 12 years with his last 2 years serving as a supervisor. What would this person actually do about the ethical dilemma issue? C. Briggs (personal communication, December 2, 2022) states that there should be an increase in training and remodifying of protocols to reflect a greater awareness of the ability and effectiveness of using the least intrusive methods. Too many times are individuals killed when they are not armed; Even those who are armed can be apprehended on a case-by-case basis without the use of force. Just because one sees a knife or a gun, does not mean there is a danger posed to one’s life (C. Briggs, personal communication, December 2, 2022). There are officers whose first instinct is to shoot because that is what officers are taught in the police academy, but it has been proven that it is possible to verbally de-escalate a situation without an officer using a weapon. Briggs believes if officers were physically trained more, then there would be less fear resulting in less use of force “When you use force to do something, essentially you are taking away someone's choice to do what they want, so you better have a really good reason, and you better be able to defend that reason (C. Briggs, personal communication, December 2, 2022).”

3 What criteria can be used to make the decision? To solve the ethical dilemma of use-of-force, Briggs would mandate physical, hands-on wrestling/submission style training and de-escalation training in addition to police defensive tactical training and eye/hand coordination training. Additionally, it is recommended that a required refresher training is conducted 3 or more times a month depending on position and length of training. Briggs emphasized that the use of force is only as widely used as it is because it is the focus of training; he expressed that he spent 5 hours learning wrestling techniques as opposed to the week-long training firing his firearm. That ratio is not efficient and needs to be reformed (C. Briggs, personal communication, December 2, 2022). Furthermore, Briggs advocates for each agency to have a department that specializes in mental health calls so that responses to crisis situations do not result in injury, incarceration, or death. Code of Conduct When using force, one should always use the least intrusive method first. Currently, the use of force in Briggs’ field is no longer what it used to be. They used to just hogtie people and throw them on the stretcher like it was the Wild West, which was completely unacceptable (C. Briggs, personal communication, December 2, 2022). They prohibited hogtying and manhandling in writing so that everyone would comply with the new standards. The Newport News fire department does have protocols in place if they need to restrain someone whether it's physical or chemical and that involves positioning and monitoring. If restrained, the restrained should be lying on their back as those with weak truck muscles could be asphyxiated by lying on their belly. Additionally, the officials monitor oxygen levels, repeatedly listen to lung sounds, and if they have used any medicine (haldol\versed\ ketamine) they monitor their breathing with End Tidal CO2 detection and put them on the heart monitor.

4 What are the culture and/or leadership dynamics within the agency that is relevant to the ethical dilemma? This culture is family-like and professional, so the department has an understanding that the victims/offenders are rescued first despite all circumstances. The department’s training has allowed the firefighters to subdue individuals, including disarming an individual, through methods that never include(d) a weapon. Briggs completed a crisis intervention class with his department where the course operators had experience with those who are developmentally delayed, who have substance abuse issues, or mental illness. The training consisted of life-like scenarios where law enforcement encountered an individual in crisis and needed to gain control without using force. C. Briggs (personal communication, December 2, 2022) described that most of the officers were quick to want to shoot during the training, but the instructions would prompt talking through a little more before drawing a weapon. By talking more, it was noticed that communication was more effective, and de-escalation was more successful. The training demonstrated that the use of force was necessary a lot less than assumed. During this training, Briggs himself thought using force was necessary for situations where it was not, which is why scenario- based training is invaluable. Use of Force in Law Enforcement A few courses ago, I learned about Sir Robert Peele, the father of modern policing he started policing in the 1820s in London to protect the community and prevent crime. For America, policing was used to target political opponents and one of the first unofficial policemen was a slave patrolman. Within 30 years, the policing world became corrupt. Corruption became the way of the culture and was widely accepted within the agencies, so one would not necessarily describe it as misconduct though it was highly unethical. Use of force had become instilled in the culture, especially during the integration of schools and public facilities, and the fight for fair housing & equal constitutional rights. Use of force

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