Summary of the Policies and Practices of New Jersey's Use of Force Policy

Since their has been policing entities, it is understood by most that law enforcement officers have been performing a public service that is not easy to carry out. To assist law enforcement officers in diffusing situations, apprehending alleged criminals, and protecting themselves and others, officers are legally entitled to use appropriate means, including force. In discussing police misconduct, this report acknowledges not only the legal grant of such authority,

When a law enforcement officer uses force on a subject it will be classified into one of three main categories which are, justifiable, excessive, and deadly force. The authority for law enforcement officers to use force comes from the United States Constitution (case law), state statutes, and department policy. Law enforcement use of force is very important because it involves the patrolman on the street, the corrections officer in jails and prisons, and the courts where excessive use of force cases are held.

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)

Police brutality is seen as a real problem in America today. What people do not seem to realize is that the police carry a massive burden each day. The work that officers do has the potential to be very demanding and sometimes involves dangerous situations. In these situations the officers are in the position where they may be required to use force to gain control. The continuum of force dictates the level that is most appropriate for the situation. Most people do not realize that is not the officers job the meet the force. However, it is their job to overcome the force. Police departments have very strict standard operating procedures about officer use force and how force is applied. With this paper, I will attempt to explain the continuum of force, police discretion, and why the police can do some of the things they do.

This case is important to anyone working in law enforcement because of the objective reasonableness standard that it established via the fourteenth amendment of the U.S. Constitution. This case also reversed a four-factor test regarding use of force that was used to test if the force was applied in a good faith effort to maintain discipline or was applied with malice to cause harm. The Supreme Court in 490 U.S. 396 (1986) determined that the four factor test did not cover all possible situations and only the decision making skills of a human being can adequately determine the appropriate use of force.

The purpose of the paper is to show how the criminal justice system is trying to reduce officer and offender assaults in Texas Corrections facilities. In the Texas Corrections facilities, also known as Texas Department of Criminal Justice, defines the “Use of Force” as a physically controlling measure taken during a confrontational situation to make an offender do something involuntary. This may include physical contact by an officer with an offender in order to control movements, a situation when an offender physically resists the application of restraints, chemical agents are discharged, batons or other instruments make contact with an offender in an effort to restore or preserve order, and even when offensive or

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.

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?

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?

The Supreme Court has stated that the calculus of the propriety of an officer’s use of force must include the fact that officers are often forced to make split-second decisions in circumstances that are tense, uncertain and rapidly evolving. Officers who use force in the street are judged under the Objective Reasonableness

The Fourth Amendment impacts law enforcement officers on the use of force when seizing a suspect. In pursuit or making contact with a suspect law enforcement officers sometimes have to make split second decisions under tense and uncertain situations. The cases above provides “reasonableness standard”. This deferential standard is to prevent most second-guessing of an officers judgment on the use of force. Based on circumstances and the reasonableness of an officers use of force there is no violation to ones fourth amendment rights.

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.