only that degree of force that is reasonable and necessary under the totality of the circumstances to safely accomplish a legitimate law enforcement function.”(Phillips, 2017). To ride along with the misconduct of police there are also undoubtedly issues with violence from the public. In 2001, the International Association of Chiefs of Police, the Bureau of Justice Statistics and the National Institute of Justice, published the book Police Use of Force in America. This book simply restated statistics and other data which was found in the National Police Use of Force Database project which was started in 1995 (US Department of Justice, 2012). The database was made because of the Violent Crime Control and Law Enforcement Act of 1994 and stood …show more content…
In order to ensure consistency in reporting of incidents, the International Association of Chiefs of Police defined force as, “that amount of effort required by police to compel compliance from an unwilling subject.” (US Department of Justice, 2012). Excessive force was defined as, “the application of an amount and/or frequency of force greater than that required to compel compliance from a willing or unwilling subject.”(US Department of Justice, 2012). Some organizations have made comments stating that for some members of the public, just the presence of police can be evaluated as a use of force (US Department of Justice, 2012). Some people may also argue that an internal investigation of an officer’s use of force lacks the independence necessary to achieve an unbiased assessment of the level of force used (US Department of Justice, …show more content…
Although they may have more authority over any other ordinary citizen, they are not above the law (General, 1985). Undoubtedly there have been issues in the past of officers believing they are above the law, but it is a very small minority (General, 1985). Oddly enough this minority seems to stick out more than those who have consistently done right (General, 1985). In result there has been a lower expectation of police officers all across the country (General, 1985). There have also been controversial cases that sparked uprisings of protests against our police officers (General, 1985). Some wanting to just get rid of all cops, tighten up their policies and restrictions or even kill them (General, 1985).
To follow the initial importance of all of the aspects of use of force, there are different kinds of use of force (General, 1985). The first of several is constructive authority. Constructive authority doesn’t involve actual physical contact, but simply the use of law enforcement officer’s authority to take control over a suspect (General, 1985).Examples of there are verbal commands, gestures, warnings, and unholstering a weapon (General, 1985). Even pointing a firearm at a subject is an element of constructive authority but is to be used only in appropriate situations (General,
6. Police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice and warning is found to be insufficient.
A '''use of force continuum''' is a standard that affords law enforcement officials & security officers (police, probation, or corrections) with guidelines as to how much use of force may be used against a repelling subject in a given situation. In certain ways it is similar to the military’s escalation of force. The reason of these models is to clarify, both for officers and citizens, the complex subject of use of force by law officers. They are often vital parts of law enforcement agencies' use of force policies. Although various agencies have developed different models of the continuum, there is no universal standard model (Stetser, 2001, p. 36)
Force that police tend to use on subjects that pose a threat has become an escalating issue in society today as we know it. Sometimes the public gets the notion that the police abuse their authority and use dangerous
Police have the uncontested right to use force when necessary to apprehend a suspect. If the force exceeds that which is necessary it is defined as excessive force and is illegal. An officer’s discretion on use of force is a based on judgment. They do not know if a judge will later rule an instance of use of force as excessive or not. There is a fine line between what is considered acceptable force and what is considered excessive force. All an
The use of force is without a doubt an important aspect in policing. The decision to utilize any type of force comes from a multitude of recourses; department policies, training, situational variables and ethical systems. There are three major categories in which an officers use of force is categorized under; justifiable, excessive and deadly; with a thin line between justifiable and excessive. Cases where excessive force has been used, has lead to injuries, deaths, civil damages, officers convicted and sentenced to jail and police chiefs and elected officials being removed from office (Fyfe, 1988). It is an officer`s discretion in determining when the use of force is justifiable.
In the “Encyclopedia of Violence, Peace, and conflict” the author discusses how many uses of force by the police cannot be labeled police brutality or excessive force. This is because in the line of duty police may need to utilize the use of force out of necessity. The author continues by stating that police officers in society today commonly have to use power against its citizens for reasons in everyday police work or in order to maintain control over certain circumstances. However, the Authors Fyfe and Skolnick state: that they believe police brutality is used as a way of police asserting power in unjust ways due to lack of training, negligence or mistake of circumstances within a certain
The use of force is inevitable in police work. In many situations the lives of officers or civilians can be taken by not using force when necessary or using it improperly. Many factors come into play when an officer decides to use force. This includes is the use of force justified, has the officer been properly trained to use force, and will the department be held liable if the force is used improperly?
There is much controversy regarding police work and the use of deadly force, as there are great deals of individuals who feel that officers need to be limited and that this would have a positive effect on the rate of divisive police killings. Police authority to use both psychological and physical force in situations where criminals need to be apprehended is perfectly normal. Furthermore, officers have the right to use deadly force in conditions when individuals targeted pose a direct threat to people around them.
Over the recent years, police have been one of the organizations to be associated with the largest cases of misconduct. Police brutality can be termed as the process of misuse and abuse of authority by the police. The rising cases of police brutality are causing more harm to the public, compared to the actions perpetrated by real criminals. Although police claim that it’s sometimes necessary to curb crime, the process is illegal and police officers should be charged just like any other criminal offender. It should be the responsibility of the justice system to establish effective strategies to deal with the rising illegal activities in order to restore public trust in the law
Police officers are faced with a wide variety of threatening situations on the job every day, they go through an intensive training at the academy to prepare them for the safety keeping job they have. The use of force may or may not be a significant predicament but it should be viewed by the community as well as the police. Often police officers find
Whenever a law enforcement officer places an individual under arrest or is involved in a deadly force scenario the officer has used some degree of force. The incidents where an office has to make a split second decision and use physical force to control a situation is known as “Use of Force.” The use of force varies as situations present themselves to the officer and they must decide what level of force is necessary to control the situation. Often the use of force is subject to much debate and not a year goes by without some media coverage of some law enforcement officer accused of using excessive force. In dozens of studies of police use of force there is no single,
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
When debating the issue of police use of force, the issue of what actions constitute too much force must also be addressed. Another concern is the possibility of corruption amount officers. When given such great power, the probability of corruption is high. Officers generally do not start out as corrupt, but years of work on the force can create animosity between officers and suspects and lead them to decide to use force more quickly (McEwen, 1996). Many times, officers patrol the streets alone which creates the opportunity for potential abuse of power (McEwen, 1996). Although police officers need to be permitted to exercise some discretion, they also need limits and guidelines to follow when using their powers of discretion (Manning, 1997). The decision to use force should not be taken lightly in that citizen’s lives are at stake. Police should be allowed discretion in decisions to use force; however, this discretion should be limited. In several cases in Arizona, officers have used deadly means of force. In all cases, the officers
The use of force, with regards to law enforcements use of it, is a complex topic that should be looked at in all perspectives. There is tension between the police and the community they work for, on whether this is a power that the officers should have or not. There are ambiguous laws that do not give law enforcement offices much guidelines on what is exactly permissible when it comes to force, and all the different situations it could occur. The line that the use of force leis on is often a fine one. It is teetering between excessive force and never being able to enforce the laws. The use of forces is a conversation that is worth having with all the pros and cons that it brings to the discussion board.
The use of force by the police should be more heavily regulated by the courts and legislative bodies, instead of its use be entirely dictated by the state of mind of the individual police officer because as Harmening (2013) explains “… they made the use of force reliant upon an imperfect decision making process, because a person’s perception can so easily be skewed, especially when excited” (p. 70). What this means is that if the use of force is left entirely to be dictated by the state of mind of the individual police officer, then that officer might not be able to have a clear meaning of what the reasonableness standard is, for when to use force. Because the state of mind of the police officer might shift into autopilot and not give the officer