Samy Joe . Crj.8Th Feb 2017. The Use Of Force Is Inevitable

The U.S. Supreme Court has set forth some important legal guidelines both for the use of deadly force itself, and for the inquiries which must be conducted before such use results in civil liability in a federal civil rights claim(AELE Monthly Law Journal, 2007).

Often times while attempting to make an arrest, a law enforcement officer will have to use the appropriate use of force to make the arrest. In some instances the appropriate use of force for some officers will be as simple as the

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)

The legal sufficiency of the policy can be called into question anytime force is used. This was first demonstrated in 2000. The state’s policy was revised to explicitly address two subjects. The first issue addressed the act of officers shooting at moving vehicles. This was in response to two controversial shootings that occurred in 1998. Both incidents involved officers firing on moving vehicles after they engaged in high-speed chases for traffic violations. Use of force is not authorized for moving vehicles unless the officer ''reasonably believes: (1) there exists an imminent danger of death or serious bodily harm to the officer or another person; and (2) no other means are available at that time to avert or eliminate the danger'' (Halbfinger, 2000).

the use of excessive force. Many people have witnessed or have become victims of police brutality. In their line of duty, police officers are sometimes faced with threatening circumstances that enable them to make haste decisions when expecting the worst at the same time hope for the best outcome. A police officer is given the power to maintain law and order as well as to take away any right of a citizen when a situation permits (Heydon, 2005). Thus, they have the responsibility to apply the forces in a recommended way. Therefore, police are trained to use the least amount of force necessary to make an arrest by using escalations of force. However, sometimes police exceed the minimum amount required to diffuse an incident or protect them, which leads to misconduct or undue violence when not warranted.

This use of force matrix utilizes a graded approach whereas an officer will use only the force necessary to exercise and arrest. Law enforcement officers may use that amount of force necessary to effect the lawful purpose intended, provided that no reasonably effective alternative to the use of force appears to exist at the time the force is used. The privilege to use force is not limited to the amount of force necessary to protect themselves or others, but extends to that amount reasonably necessary to enable officers to effect the arrest or otherwise neutralize the resistance of a subject. If a suspect refuses to be arrested the officer will have to utilize a higher level of force dependent upon the suspects actions. For example, if a suspect is resisting arrest, the officer may use a taser or other force methods to arrest the individual. An officer cannot simple resort to higher levels of force without proper justification. Officers must utilize only the force which is necessary and justified. There are times when an armed suspect may prompt an officer to use the highest level of force, deadly force, if he feels him or another person’s life is in jeopardy. The result of not going utilizing his weapon on this use of force scenario could mean death to the officer or the public.

I will give two examples of deadly force from the Knoxville Police Department, my agency for the last 19 years, and show that there is no known why so many are filed. When I was a Patrol Sergeant in October of 2006, my officers were in a vehicle pursuit of a carjacking suspect, who had pistol whipped the victim. By policy, we only had two cars involved in the pursuit. About halfway into the pursuit, the suspect swerved and struck an

The use of force policy is that law enforcement officers should use only the amount of force necessary to mitigate an incident, make an arrest, or protect themselves or others from harm. The levels, or continuum, of force police use include basic verbal and physical restraint, less-lethal force, and lethal force. In the city of Bustout, Mississippi the population is ⅓ white, ⅓ black, ⅙ hispanic, and ⅙ asian in Bustout city, and in the police department there are one thousand police officers. My policy for the use of force in my city is that law enforcement officers should use the force depending on the situation at hand, and to never over step the necessary force in situations. There are three types of force the first is verbal and physical restraint, less-lethal force, and lethal force in the law enforcement. The use of force by law enforcement officers becomes necessary when the situation calls for it, and is self-defense for the officer or the officer was defending another individual or a group of people. When new officers or older officers receive training from the police academy or guidance from another agency, they have no idea the rules for when the officers should use force or how much force is needed. However, in situations it would not be the same every time, nor in officers because in potentially threatening or dangerous situations, an officer will react quickly to the response and use force if it requires it. Having situational awareness is very important, and

The use of force model continuum has 5 layers. Although it may vary amongst different agencies and jurisdictions, they are all very similar when considering the highest form of force to use as an alternative, deadly force. Officers are encouraged to determine appropriate level of force to use when surveying the scene/dilemma, taking into consideration important factors: victims, witnesses, scene, suspect, their partner’s life, but mostly importantly self-defense. Before discussing the layers of the continuum, lets first examine the reason(s) why an officer would use force. Air Force Instruction 31-207 states there are three elements that “must be analyzed to establish the basis of reasonableness in use of force… The officer/sentry must remember that no element of reasonableness can stand-alone or be the

The legal standards of police use of force are? There is a report estimated in 1999 that less than half 1 percent of the 44 millions of people who are or had face to face contact with a police officer were threatened to use the use of force. Policies of a police department can be significant impact on how police use of force on different levels. When officers are dealing with a dangerous or a unpredictable situations, officers usually have very little time to determine the proper response. Here is some good training that can be enable for the officer to react properly to any threat and in any situation that may need law enforcement. For good response with the appropriate tactics to address any situation that might possibly included different

In both Baltimore and Ferguson, issues arose on allegations inquiring the use of force continuum; with no standard on the use of force for law enforcement, it creates ambiguity and opacity. A policy on developing a consistent force continuum is a crucial first step in regulating the appropriate force that is necessary for officers to conduct. This would provide officers with better training and the ability to practice less lethal options in confrontations. As well as, helping to change the culture of police conduct, in allowing officers more time to assess the situation, rather than acting on rash impulses; overall, resulting in the sanctioning of swift, certain, and severe assessments.

Three key attributes that chooses the legitimateness of physical force: illicitness, vitality, and common sense. Unlawfulness: Is the thing that the other individual executing illicit? On the off chance that it is definitely not unlawful physical force is not considerable. Vitality: Physical power must be earnestly basic to guard the individual or different people from the utilization of unlawful physical force. Common sense: The degree of physical force utilized as a part of self-conservation or the assurance of somebody else must be useful under the conditions that stand. It is worthy to utilize down to earth physical power. In any case, excessive or irrational physical force is illicit. There was a debate in August of 2014 in Ferguson, Missouri where a law implementation officer utilized savage drive and executed an 18 year old male after a commonplace store retailer 's call that gave a delineation of the previously stated male burglarizing the previously stated store. The case is no more under exhaustive examination however while it was being broke down the media broadened the case wild. Abundant measures of nationals were revolting and doing confused uprisings, inciting law authorization and other superb authorities to utilize lethal power to secure administration. Infrequently, savage power is required when subjects are wild.

When does the end result justify the means for concluding it? Throughout history great losses have been incurred by nations at war. Police officers are often investigated for the use of excessive force and asked to rationalize his or her use of force during an arrest. There must be a line, consequently, it is often hard to define and situational factors such as public safety must be considered.

New Jersey Attorney General’s Use of Force Policy enacted in 1985 under New Jersey Statutes Annotated (N.J.S.A. 2C:3-7 8) was enacted with a goal of properly guiding the use of force by the police and needed critical guidance. The Use of Force in law enforcement’ policy states that (a) use of force justifiable to affect an arrest. Subject to the provisions of this section and of section 2C:3-9, the use of force upon or toward the person of another is

The amount of effort that is required by law enforcement to persuade compliance by an unwilling subject is a description of use of force. There is not just one definition for use of force. A majority of the law enforcement agencies carry policies that define their use of force. Included in these policies is the actions that an officer can have to undertake in a situation. Whenever an officer has to use force, they need to understand and know what the appropriate force needed at the time. To help guide the officers, agencies have a Use-of-Force Continuum. They must take the continuum one step at a time. One officer, in the appropriate situation, may jump steps and end up on the bottom of the continuum. The steps start out as officer presence, verbalization, and empty-hand control. Then the less-lethal methods and lethal force.