Police Discretionary Use Of Force

Excessive force being used by officers has been an ongoing issue since law enforcement was created. During the Civil Rights movement of the 1960s, it has been made aware that minorities were a target for the law enforcement of that time. The 1967 murder cases of “Chaney, Goodman, and Schwerner against the sheriffs of Neshoba and Lauderdale County” at that time was huge seeing as everyone involved in the case got off without any charges (Wynter). After years have gone by and the 41st anniversary of their deaths has happened, someone was convicted. All this time, no one would speak up against the police of these counties in fear of being brutally murdered just like the three men that was in their care. The injustice of it did not make sense

The police are our nation’s most visible law enforcement entity. We see them driving and walking our streets every day. They are responsible for the safety and well-being of the people. In some instances, they have to make life altering decisions in a blink of an eye. Because circumstances are always changing, police officers are given a decision-making power called police discretion. It is up to the officer to use this given power for right or wrong.

Police brutality is one of the most serious and divisive human rights violations in the United States and it occurs in every community. The job of a police officer is to maintain public order, prevent, and detect crime. They are engaged in a dangerous and stressful occupation that can involve violent situations that must be controlled. In many of these confrontations with the public it may become necessary for the police to administer force to take control of a situation. Sometimes this force takes the form of hand to hand combat with a suspect who resists being arrested. Not all police officers in communities are good cops. At least once a year the news is covering a story about a person

Discretion is defined as the authority to make a decision between two or more choices (Pollock, 2010). More specifically, it is defined as “the capacity to identify and to document criminal and noncriminal events” (Boivin & Cordeau, 2011). Every police officer has a great deal of discretion concerning when to use their authority, power, persuasion, or force. Depending on how an officer sees their duty to society will determine an officer’s discretion. Discretion leads to selective enforcement practices and may result in discrimination against certain groups of people or select individuals (Young, 2011). Most police officer discretion is exercised in situations with individuals (Sherman, 1984).

policies that are currently in place to reduce tension between police officers and the minority groups that they serveLaw enforcement officers and the community have been disconnected. Violence and brutality of any kind, particularly at the hands of the police who here to protect and serve our communities. When Ferguson, Missouri exploded after the police shot an unarmed black teenager, the tension between the community and its protectors was laid bare. Ferguson is not the first and certainly not the last community forced to bridge that chasm. In South Carolina a policeman shot an unarmed black male who was stopped for a seat belt violation. The cop asked the male for ID, who then reached under his seat to retrieve his wallet, but was shot in the leg by the cop before he could take out his ID. When the body cam video was reviewed it shows that the trigger happy cop probably was in fear of his life, however it is also obvious that the cop shouldn’t have felt threaten as the behavior of the black male involved nothing unusual. Many would say if the driver was white the cop would have not reacted the way he did.

Law enforcement officers are given much power and authority over one’s civil liberties. Not only do they have a duty but also a responsibility to enforce laws and ordinances in their jurisdiction, maintain order and protect its people. In some cases, the only way to accomplish this is through legitimized use of force. Use of force can best be described as "the amount of effort required by a law enforcement officer to induce compliance of an unwilling subject" (nij.gov, 2012). With that said, law enforcement officers have been given the right to apply only enough force necessary to control a situation, while defending others, preventing escape, during self-defense and while a subject is resisting arrest (Pollock, pp. 234). It is not until that force becomes excessive that it becomes say an issue.

Throughout history, there has been very few careers that require such a high degree of an ethical standard such as the one required for law enforcement. There is, however, a multitude of careers that require the dedication and heart such as required for a police member. Where this dedication and heart differs relies solely on the difference in the job. Officers are required to be aware of their surroundings nearly all the time as if something were to happen they would be required to navigate through the situation successfully. Somebody such as a CEO for a multimillion dollar company would not require this same quality due to the fact it is not part of their job description and the only individual that he/she needs to be worried about is themselves. However, in today’s society, and with media being an ever growing aspect, some police officers have decided on their own personal way to handle justice. So unfortunately, this small percentage of police contract a huge amount of negative eyes to the profession. This small number of individuals bring a negative view to the police department as a whole and for this cause an issue in the public’s eye. Regardless of what many individuals believe, many of the police officers decide on the ethical side of the job and are hardworking professionals who seek out to just serve the public. However, being an African American male myself the main issue I have and want to combat is the punishment officers should face if

There is a major issue with police brutality within the confinements of the United States of America, within society in general. The problem of police brutality is not just a problem with African American, it is spread throughout all the races. “Mr. Castellani who is 20 years old, yelling and pointing at officers, who are posted down the street, after his ejection from an Atlantic City casino for being underage. Four officers rush him, take him down and begin beating him -- a fifth officer soon joins in.”(The Baltimore,Leonard Pitts Jr.). It just so happened that this man was black and had been brutally attacked by police because he said something they didn't like it. It isn't always African Americans that are attacked thought, in 2014 Donovan Duran, a Colorado MMA fighter, was beat and dragged to the hospital by police men claiming Duran was intoxicated and hallucinating. He was brutally attacked because of what he believed in, it didn't have anything to do with his skin color, as he was attacked by white police man and Duran turned out to be a Caucasian man with a family and a job. All of that was taken away from him the moment the cops dragged him into the hospital claiming he wasn't right in the head and the cops found him like that. In 2014 Donovan Duran, a Colorado MMA fighter, was beat and dragged to the

Encyclopedia of Violence, Peace, & Conflict defines police brutality as the use of excessive or unnecessary force by police against the public. Excessive force is explained to be any behavior or force beyond what is reasonably necessary in order to control a situation. It is a common misnomer that people believe some police use excessive force more often than not. What’s more concerning is most of the time people believe that this excessive force is usually focused upon the African American men, women, and children. This misnomer is typically found to be found in city settings where the population consists of mostly African Americans. The population make up causes the common belief to seem more true than it may otherwise appear.

There were boycotts of the malls in Baton Rouge, people were marching even holding up traffic. This didn’t only occur in Baton Rouge, but across the U.S. people were standing up for this injustice. Alton Sterling was selling cd in front of a convenience store when two officers approached him, the situation escalated Mr. Sterling was shot several times resulting in his death. Baton Rouge police did not provide much information about what escalated the incident between the officers and Sterling or what prompted an officer to fire his weapon. A witness, however, described police as “aggressive” and said Sterling was armed but was not holding his gun or touching his pockets during the incident. The level of force an officer uses varies based on the situation. Because of this variation, guidelines for the use of force are based on many factors, including the officer’s level of training or experience.

Police brutality and racial profiling have become one of the most common topics of discussion in the United States today. Both of these things have had a huge impact on the African American population’s everyday lifestyle. There have been many controversial examples of this in just the past two years. Eric Garner, Sandra Bland, Michael Brown and Walter Scott, were all killed during an encounter with a caucasian police officer. Was there a valid reason for the police encounter? Was the victim holding/carrying a weapon? Was the police officer threatened verbally or physically?

Over the past three years there has been cases of unarmed people in the United States being killed by police. Cases have been reported from Ohio and Missouri. These cases all seem to stem from police harming or even killing unarmed citizens of African descent. Marches, memorials, rallies and protests resulted after these incidents. Racial profiling is not what police officers are trained to do. They are citizens of the community that are trained to protect the community and not to stereotype individuals due to the color of skin and nationality.

Excessive force and police brutality have become common terms for anyone keeping up with today’s current events. In 2014, the media covered numerous cases of excessive force that resulted in the deaths of several people of color (Nelson & Staff, 2014). The most widely covered cases by the media in 2014 were of Michael Brown, an 18-year-old black male shot and killed by police officer Darren Wilson in Ferguson, Missouri; and Eric Garner, a 43-year-old black male in Staten Island, New York who was put into a choke by police officer Daniel Pantaleo until he lost consciousness and stopped breathing (Nelson & Staff, 2014). These cases brought attention to the seriousness of police brutality and the curiosity of how often it occurs (Brown, 2015).

Police and community relations has always been a work in progress, some communities are more challenging than others. There are various factors that impact the relationship police have with civilians such as geographical location, race, gender, personal experience and in personal ones as well. In the last few years police and the African American community on a national level been more disconnected due to a pattern of unforeseen circumstances of unarmed black men being shot and killed by officers, that end up serving no jail or repercussion besides paid administrative leave. Police brutality is defined by The Law Dictionary as the use of force used unnecessarily. “Force that is used beyond what is necessary to handle the

In the United States of America, law enforcement has the ability to make their own judgement, while encountering criminals. Although discretion is at all levels of the police department, law enforcement agencies can easily make unlawful decision. Researchers determined that police officers are prohibited from using offensive language or speaking discourteously, abusing their authority, and using unnecessary force (Carroll, Kovath, & Pereira, 2004). Law enforcement officers are expected to respect their community and ensure that all citizens are kept safe. Some police activity can occur in a private view without supervision from the public, which allow police officers to make a reasonable decision. Police often make quick reaction when it comes