use of force is always a heavily debated topic for law enforcement. Every action an officer takes during an altercation when use of force is present, will be reviewed by chief’s, lieutenant’s captain’s etc. With the recent rise in officer involved shootings, the demand for less lethal force measures has begun to rise. The eighth amendment of the United States Constitution was made for protection against cruel and unusual punishment; if an officer uses lethal force in an altercation they have deprived that person of their rights. Also the fourteenth amendment gives us the right to due process; lethal force deprives us of that right. There is a saying that has come to light recently that law enforcement officers are the judge the jury and the executioner. Officers have become heavily criticized for using lethal force in altercations that less lethal could have possibly been used. With officer involved shooting on the rise society wants us to re-examine other alternatives. There will be times that an officer must use their duty weapon, but many of the recent shootings could have been avoided with the use of less lethal tools. Lethal force often affects the department’s image negatively and brings un-wanted media attention; it can be hard to rebuild the trust with the community. When officers deploy less lethal tactics it is often overlooked by any media attention and any civil issues. In an effort to help department’s combat un-wanted lethal encounters, this research will
On September 17, 1787, the United States Constitution was signed by delegates to the Constitutional Convention in Philadelphia, who were directed by George Washington. The 1787 convention was called to draft a new legal system for the United States now that the states were free and colonized. This new Constitution was made to increase federal authority while still protecting the rights of citizens. It established America’s National Government. In 1971, the Bill of Rights were added to Constitution containing the 10 amendments guaranteeing protection for citizens. The first commandment consisting of freedom of speech and religion. The First Amendment to the U.S. Constitution reads:
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?
In light of the recent spate of police-involved homicides of suspects who may or may not have put the lives of the police involved in fear for their safety and well-being, this paper seeks to examine the use of deadly force by police officers in the line of duty. The training involved in using one’s service weapon in situations that call for a determination of the use of force will be explored, as will the rules, regulations, and extenuating circumstances that lead to the firing of a service weapon in the line of duty, resulting in the death of a suspect. The Supreme Court cases that have led to and/or upheld laws allowing a broader interpretation of what is considered justifiable use of deadly force will be briefly examined. Additionally, the use of non-lethal weapons, such as Tasers, by police forces and how the availability of these weapons influences the rate of deadly force will be inspected. Finally, an elucidation of the various perceptions of the general public of the police after use of deadly force is used within their communities will be addressed.
The Twenty-fifth Amendment to the United States Constitution is made of 4 different sections. The first section explains what occurs if the president is removed from office or if they resign or worst die during their term. The second section basically lets one know how the vice presidency is filled if vacant. The President nominates someone, and the majority vote of both House of Congress makes the final decision. The third section states that if the president is disabled he must submit a written declaration stating that he is unable to perform his responsibility to the president pro tempore of the Senate and the Speaker of the House of Representatives. The vice president then holds the role of the acting president until the president can return
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” Sound familiar? Well it should. That quote was a section of the Fourth Amendment to the United States Constitution. Those lines are one of the many things that set America apart from other countries around the world. It has protected us for centuries from “unreasonable searches and seizures…” made by anyone, including the government. This is all beginning to change with the inventions of the smartphone, computer, and even GPS. These inventions have possibly turned our world for the better, or maybe even for the worse.
The United States of America has always been referred to as the land of the free. The United States Constitution and the Bill of Rights were put in place to ensure that the citizen’s basic rights were not violated. Even with these documents in place, certain rights have often been the center of heavy debate. The fourth amendment which protects against unreasonable searches and seizures, or the first amendment which protects free speech, or the fifth amendment which protects you from self incrimination. Of all these rights that have been brought into question, the most recent is the second amendment which secures the right for the people to keep and bear arms.
December 4, 2015, in San Bernardino, CA, fourteen residents at the Inland Regional Center lost their lives due to Syed Rizwan Farook and his wife Tashfeen Malik shooting many residents. Attending a holiday party at the center for thousands of residents with disabilities, Mr. Farook left the center “angry” over a dispute and came back with Ms. Malik. Armed with .223- caliber assault rifles and semiautomatic handguns, they killed 14 residents and wounded at least 17. Shootings seem to be becoming more habitual, therefore, people fear guns and want to enact gun control laws. Recent attacks from terrorist groups spark the question of who should have the right to own guns. Controversies over interpreting the Second Amendment date back to the turn of the twentieth century because so many viewpoints and regulations have accumulated; it is all in the manner of which interpretation citizens subscribe to- loose verses strict interpretation. Due to the controversies, certain gun regulations have been enacted and fears have risen because of this.
The United States is a nation founded on the principal of providing each citizen with a chance to have his or her voice heard, to succeed with his or her dream and to avoid any form of oppression that many countries continue to push on their citizens. As the United States Constitution states, “Congress Shall Make No Law Respecting an Establishment of Religion, or Prohibiting the Free Exercise Thereof; or Abridging the Freedom of Speech, or of the Press; or the Right of the People Peaceably to Assemble, and To Petition the Government for a Redress of Grievances” (U.S. Const. amend. I).
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
In a matter of 630ms an officer is confronted with the decision to open fire on a suspect or proceed with caution. Police officers are trained to deal with a broad range of circumstances, including minor traffic violations to hostile shoot outs. Additionally, they are trained to deal with a wide range of people from compliant to aggressive and to act accordingly in each condition. The decision to use lethal force is supposed to be restricted to situations in which an officer feels threatened. However, in light of recent officer involved shootings, civilians have begun to think
Amendments are what hold this country together and need to be maintained. The social contract makes the assertion that the people give up a few of their freedoms and rights in exchange for protection (Barbour & Wright, 2014). This idea of freedom for the people spread to the new colonies. These new colonies gradually developed into more advanced systems of freedoms and equalities. Initially, the United States had no power in the central government with the Articles of Confederation. This led the U.S. to form the U.S. Constitution. The Constitution establishes a checks and balances system and separation of powers. The constitution is still used to operate under and is a living, breathing document. In this living document are the Bill of Rights, which guarantee civil liberties.
Background - In the U.S. legal system, the Constitution forms the basic template for legal theory and management of law. This document formed the bases for the U.S. government and defined the three main sections: Executive, Legislative and Judicial. We must remember, too, that the idea of this constitution of removing ties to a monarchy and setting up a separate government "by the people, for the people," was a very radical idea in the 18th century and had a background not only in the various documents from the Mayflower Compact to the numerous colonial governmental charters. There, were however, numerous compromises that had to be made to ensure ratification of the Constitution. However, had these compromises not been made, (e.g. slavery, etc.) it is unlikely the colonies would have come together to ratify the document, and the British may have prevailed. (National Constitution Center, 2009).
Protecting and serving is the promise guaranteed by police officers, who put their lives in potential danger daily. Police officer’s right to use lethal force is being questioned due to a current bad reputation. A few negative cases should not triumph the countless positive things that police officers do for their community. A police officer who cannot use lethal force cannot easily protect the public and themselves in a dangerous situation. Police officers deserve the right to use lethal force to protect themselves, maintain public safety, and for an intimidation effect.
Amendments to the United States Constitution are rare, there have only been 27 that is upheld in the 200 year of American history and with the last of being passed over 20 years ago. And There’s never been one that has been ratified to the states legislator, but would 2016 election this could change with the GOP what is state shot of two-thirds majority. With this kind of Power ideas can be placed into the Constitution with less resistance then years passed. It’s much easier to have a federal law passed only needing a 50% agreement amongst legislator to have it put to a vote and passed with a two-thirds agreement. But now that GOP is majority of the legislative they can make and ideas stick. And What I mean by that is that it’ll be just as
Police officers are given a significant amount of discretion simply due to the nature of the job. Officers are faced with many threatening situations forcing them to react quickly, yet appropriately. They have the power to infringe upon any citizen’s rights to freedom and therefore they must use this power effectively. One major concern with the amount of discretion officers have is their power to decide when to use force or when to use lethal force. Manning (1997) argues that it is generally accepted that police should be allowed to use force. He also explains that there are an uncertain amount people who agree on as to what constitutes excessive force. The line