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 order to get all of the answers to these questions, we must first define deadly force. According to the Legal Dictionary "Use of deadly force" is often granted to police forces when the person or persons in question are believed to be an immediate danger to people around them. For example,
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Garner,471 U.S. 1 (1985)).
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. The Criminal Justice process involves the gathering of evidence by the proper authorities, witness testimonies, expert testimonies, psychological examinations, forensics reports,
Police brutality is the lavish physical assault or verbal assault during police procedures which can involve interrogating or apprehending a suspect. Police brutality originated from the labor worker strikes in the 1800’s through the 1900’s. The violent brutal act of these officers usually formed around the lower socioeconomic class. Since then police brutality has hit an all-time high in the 21st century. In New York alone there has been reportedly over 72 police brutality reports some reports even ended in the deaf of a citizen. There’s been claim of police officers violently choking citizens at traffics stops and beating citizen up in public. There’s been new technology such as body cameras which are used by most police but not all.
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.
Sometimes, it really depends on the officer’s mood and mentality toward his or her job. Some officers may never have to use deadly force, while others use it daily.
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
In recent years and in light of recent tragedies, police actions, specifically police brutality, has come into view of a large, public and rather critical eye. The power to take life rests in the final stage of the criminal justice system. However, the controversy lies where due process does not. While the use of deadly force is defined and limited by departmental policies, it remains an act guided chiefly by the judgment of individual officers in pressure situations. (Goldkamp 1976, 169). Many current studies have emphasized the racial disparities in minority deaths, primarily black Americans, killed by police through means of deadly force. The history of occurrences reveals the forlorn truth that police reforms only receive attention in wake of highly publicized episodes of police misconduct. The notorious 1992 Los Angeles riots brought the matter to mass public attention and prompted improved law enforcement policy. Significant local reforms resulted, for instance, ending the policy of lifetime terms for police chiefs. Additionally, on a broader platform, in 1994, Congress approved provisions to the Crime Control Act in effort to tackle police abuse in a more structured way.
There are two types of force in police work. One is non deadly force and the other is deadly force. Non deadly force is force that, when used, is not likely to result in serious bodily injury or death. Now just because it is not deadly does not mean you can run around and be using non deadly force because you feel like it.
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 recent years and in light of recent tragedies, police actions, specifically police brutality, has come into view of a large, public and rather critical eye. The power to take life rests in the final stage of the criminal justice system. However, the controversy lies where due process does not. While the use of deadly force is defined and limited by departmental policies, it remains an act guided chiefly by the judgment of individual officers in pressure situations. (Goldkamp 1976, 169). Many current studies have emphasized the racial disparities in minority deaths, primarily black Americans, killed by police through means of deadly force. The history of occurrences reveals the forlorn truth that police reforms only receive attention in wake of highly publicized episodes of police misconduct. The notorious 1992 Los Angeles riots brought the matter to mass public attention and prompted improved law enforcement policy. Significant local reforms resulted, for instance, ending the policy of lifetime terms for police chiefs. Additionally, on a broader platform, in 1994, Congress approved provisions to the Crime Control Act in effort to tackle police abuse in a more structured way.
"Relations between the police and minority groups are a continuing problem in many multiracial societies. Surveys consistently document racial differences in perceptions of the police, with minorities more likely than whites to harbor negative views." (Weitzer and Tuch, Race and Perceptions of Police Misconduct, 2004)
What is police brutality? Police brutality is an act of misconduct done by a member law enforcement through the use of an extreme amount of force to physically, mentally, or emotionally attack a member of society. Many law enforcement officers, those sworn to protect and serve, have abused their rights and authority to ferociously assault and manipulate citizens, even if they were innocent. Citizens who have been attacked have been left with physical and emotional scars that can never go away; in some cases, it has even caused death. In a report by David Packman, prepared for the Cato Institute in 2011, states that 247 deaths were linked to police misconduct cases.(Packman 2011)
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.
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
Martin Luther King Jr., an American Baptist minister, African-American civil rights activist, and non-violent protest leader, once said, “Injustice anywhere is a threat to justice everywhere” (Ali-Dinar 1963 p.1). Such an iconic and fearless leader recognized the unjust behavior within society as a result of racially motivated police brutality and societal discrimination. Though his efforts were not in vain, today’s media representation of law enforcement impacts the societal cultivation of police officers in a negative way. Media outlets, in the forms of television, radio, or social websites, create a cynical view of police officers, which influences societal beliefs and creates negative connotations.
Law enforcement officers are authorized to use force in specified circumstances, are trained in the use of force, and typically face numerous circumstances during their