The Pros And Cons Of Deadly Force

There were boycotts of the malls in Baton Rouge, people were marching even holding up traffic. This didn’t only occur in Baton Rouge, but across the U.S. people were standing up for this injustice. Alton Sterling was selling cd in front of a convenience store when two officers approached him, the situation escalated Mr. Sterling was shot several times resulting in his death. Baton Rouge police did not provide much information about what escalated the incident between the officers and Sterling or what prompted an officer to fire his weapon. A witness, however, described police as “aggressive” and said Sterling was armed but was not holding his gun or touching his pockets during the incident. The level of force an officer uses varies based on the situation. Because of this variation, guidelines for the use of force are based on many factors, including the officer’s level of training or experience.

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 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

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.

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.

Now that we have established what deadly force is and what the law states, let’s move on to the investigation that ensues after the fact. Let’s look into how the investigative process works for this type of incident and how the public views the use of deadly force. The FBI Law Enforcement Bulletin outlines six investigative elements in a case of deadly force; The Investigators, The Crime Scene, The Involved Officers, The Civilian Witnesses, The Criminal Justice Authorities and The Media. All of these play a pivotal role in deciphering a particular case of deadly force. This process could take months or years to sort out. I will tell you about the steps of the process but keep in mind, that while the slow wheels of justice are turning, the officer is dealing with his emotions, his family’s response and most likely the public’s response due to the media coverage. Whatever the outcome, no doubt this will have an effect on the individual officer for the rest of their life.

A new Quinnipiac survey released this week found that there is a strong opposition to ban military-style assault weapons. Among those who oppose the ban are the millennials, The Guardian reported.

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,

This opinion piece from The Washington Post was written by U.S. Senator Chris Murphy from Connecticut. Published days after the recent Las Vegas Shooting, Murphy tells of his past experiences with gun violence urging for stronger gun control legislation. He states that the “phenomenon of horrific mass shootings is exclusive to the United States”, so the solution should be able to be solved by Americans. He argues that our response to “regular mass shootings” has been un-American, and how can a country that has solved the greatest problems in the world, not solve a problem that puts our fellow citizens in harm. “…we choose to be an increasingly distant outlier of exceptional violence”, Murphy states.

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.

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

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.

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

In the closing statement, Ta-Nehisi Coates provides us a statement inquiring that “police are turning to police brutality to solve situations where it's not needed then leading them to overuse their power. The use of excessive physical assault or verbal assault during police procedures, such as apprehending or interrogating a suspect should never be acceptable. Deadly force is not always excessive force. However, when deadly force exceeds the force that is necessary to create a safe environment, it is considered police brutality. This is emphasised in Ta-Nehisi essay when said “his father called the police, who apparently arrived to find the 19-year-old wielding a bat. Interpreting this as a lethal threat, one of the officers shot and killed LeGrier and somehow managed to shoot and kill one of his neighbors, Bettie Jones.” this situation could have been conducted differently Though the officer over used his authority and instead of simply calming the man down governing both the father and son he chose to kill which wasn't rational .

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.