Police Force In The Case Of Edward Garner

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

Police use of deadly force in the United States has been growing at a rapid pace due to several incidents that have taken place over the last few years. The biggest question today remains why has this been such a relevant topic across the U.S. lately? The use of deadly force is specifically important because it directly affects the publics’ attitudes and behaviors towards the police and government. Some will blame police policies, some will blame abuse of power, and some even claim the use of deadly force is necessary to in order to properly defend themselves. The use of deadly force continues to increase due to lack of what the true definition of “use of force” and what actually means. This lack of definition creates

The media has scrutinized the use of force even more recently. Recordings of officers using force (weather excessive or not) become uploaded to the web and many individuals quickly jump to conclusions. Police use of “force” is up to the discretion of each individual police officer, and with each action a multitude of consequences can occur. The public often gets enraged after a court justifies the use of force, but often individuals do not have the full facts or understand how the justice system works. The outcomes of some use of force cases, many individuals are asking for transparency of agencies. Policy makers are often quick to react to satisfy the public by changing police policy.

In recent years and in light of recent tragedies, police actions, specifically police brutality, has come into view of a large, public and rather critical eye. The power to take life rests in the final stage of the criminal justice system. However, the controversy lies where due process does not. While the use of deadly force is defined and limited by departmental policies, it remains an act guided chiefly by the judgment of individual officers in pressure situations. (Goldkamp 1976, 169). Many current studies have emphasized the racial disparities in minority deaths, primarily black Americans, killed by police through means of deadly force. The history of occurrences reveals the forlorn truth that police reforms only receive attention in wake of highly publicized episodes of police misconduct. The notorious 1992 Los Angeles riots brought the matter to mass public attention and prompted improved law enforcement policy. Significant local reforms resulted, for instance, ending the policy of lifetime terms for police chiefs. Additionally, on a broader platform, in 1994, Congress approved provisions to the Crime Control Act in effort to tackle police abuse in a more structured way.

Beginning in late summer, this country became bombarded with stories in the news about police officers involved in some types of controversy. The controversy that started it all was an incident that happened in Ferguson, Missouri. Since August, there has been much discussion and public debate over whether a police officer’s use of deadly force against an unarmed teenager was justified. On August 9, 2014 a young man named Michael Brown was shot and killed by Officer Darren Wilson after he was stopped for walking in the middle of the street. Was the shooting of an unarmed teenager in Missouri an example of police using excessive force? Who decides what force is recommended or when it becomes excessive? To determine both these questions, we first must define what constitutes specific circumstances as excessive force. Officer Darren Wilson was not guilty of using excessive or lethal force if he felt his safety or the safety of others were in danger or if Michael Brown had surrendered peacefully and without resisting arrest.

In recent years and in light of recent tragedies, police actions, specifically police brutality, has come into view of a large, public and rather critical eye. The power to take life rests in the final stage of the criminal justice system. However, the controversy lies where due process does not. While the use of deadly force is defined and limited by departmental policies, it remains an act guided chiefly by the judgment of individual officers in pressure situations. (Goldkamp 1976, 169). Many current studies have emphasized the racial disparities in minority deaths, primarily black Americans, killed by police through means of deadly force. The history of occurrences reveals the forlorn truth that police reforms only receive attention in wake of highly publicized episodes of police misconduct. The notorious 1992 Los Angeles riots brought the matter to mass public attention and prompted improved law enforcement policy. Significant local reforms resulted, for instance, ending the policy of lifetime terms for police chiefs. Additionally, on a broader platform, in 1994, Congress approved provisions to the Crime Control Act in effort to tackle police abuse in a more structured way.

The use of deadly force by police officers is a very important subject in today’s society. Many consider the use of deadly force excessive in most cases. However, there are many aspects to look at when considering this topic, such as: Why was deadly force required? When did the officer feel it necessary to apply deadly force? What will be the implications for the officer after the fact? How does the use of deadly force affect society as a whole?

Police Officers use of force has been an big issue for many decades, But has now made its way to mainstream. From news to social media there 's always a recent relevant story/ case on police officers use of force. In 2016 Baton Rouge man, Alton Sterling was killed do to Police officers use of excessive force. This sparked an outrage in the nation after Mr. Sterlings murder went viral through social media. The shooting led to protests in Baton Rouge and a request for a civil rights investigation by the U.S. Department of Justice.

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?

Excessive force, here is a startling fact. CNN made this report on African-American Eric Garner and his encounter with police and his moments of death. Police tried to arrest Garner, a father of six, in front of a store for allegedly selling cigarettes. Garner raised both hands in the air and asked officers not to shoot him. Seconds later, Officer Daniel Pantaleo grabbed the 350-pound Garner in a chokehold, pulling him to the sidewalk and rolling him onto his stomach. The New York Police Department prohibits the use of chokeholds.

First and foremost I’d like to say that I am against police using their force so willingly. In the New York Times article “Police Shouldn’t Ask If a Shooting Is Justified, But If It’s Avoidable” by the University of South Carolina School of Law professor Seth Stoughton. Stoughton points out that he suggests that there is a difference in attitudes between civilians and law enforcement when it comes to the use of force. He goes onto say that law enforcement looks at it from the standpoint of is the force justifiable while civilians look at it as is the force avoidable. In the Supreme Court case of 1989 Graham v. Connor, the supreme court said that the police could use force as long as it is objectively reasonable. Why does force only have to be reasonable to be used, shouldn’t force be used only out of necessity? In another article in the Los Angeles Times by Kate Mather an interview was conducted with Mac Shorty, chairman of the Watts Neighborhood Council. In the interview Shorty says, the people in his neighborhood lost their trust in the Los Angeles Police Department after their recent shootings, saying he even questions calling the police. He goes on to say, that the police can’t be the guardians of the community with all the distrust, whenever the people of the community start to trust the police they shoot someone else.

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).

Over the past three years there has been a conflict with the use of force not just by police but with citizens as well. Recent events such as the shooting of Trayvon Martin by George Zimmerman in 2012 and the killing of Mike Brown by a Ferguson police officer just recently in August of 2014 has raised eyebrows about the use of force. Clearly there is a misunderstanding of the concept of when and when not to use force especially when it is the use of deadly force. The training that is given as well as the understanding of use of force is outdated. The federal government should implement excessive use of force training for all law enforcement agencies in the U.S.

The use of excessive force by police officers is a topic that continues to make headlines and a study that needs to be done. Although much research has gone into this topic there still is no consensus on why the use of excessive force occurs. Some studies suggest lack of training and/or problems with organization policy/procedures. Law enforcement officers are authorized to use force when necessary, but when the level of force is excessive, however, the actions of the police come under scrutiny. The resulting effects can include; public outrage, scandal, negative reputation for not only the officer but the law enforcement community, and criminal considerations. Although there’s is no concrete definition of excessive force, police

The public impression of police use of force, as brutality, in modern day policing continues to be a sensitive issue for law enforcement agencies across the nation. Police agencies across the United States deal with accusations of misuse of force on