Use of excessive force by police
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Introduction
This paper will discuss issues related to the use of excessive force by the police. In doing this the paper will look at the concepts such as the need for police officers to use force, the definition of excessive force and causes that contribute to the use of excessive force. The paper identifies inadequate training, adrenalin overload, accidental application and retribution as the major causes of the use of excessive force. In order to reduce the use of excessive force as a result of these circumstances, the paper argues that it is instrumental to provide adequate training as well as regular training to police officers in order to improve their relations with the community and reduces occurrences involving the use of excessive force.
Use of force is the effort used by a police officer to force compliance of a suspect who is not willing to submit. The basic presumption is that police officers should not use force that is more than necessary to make an arrest or protect themselves and the public from danger. There a several factor to take into consideration in determining if the use of force is necessary. Some of these factors are the location of the encounter and the mental capabilities of the subject. Although there is an established guidelines for officers to determine whether it is necessary to use force and the amount that is appropriate, there are situations
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
6. Police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice and warning is found to be insufficient.
In certain situations, the police may have to act quickly on their instincts. Sometimes, a situation is unpredictable and a decision needs to be made in a split second. The quick decision may to be to take a person down physically with the officer’s own hands, or to use deadly force, unfortunately. Anything can happen and the officer needs to be ready for every scenario. The different levels of force can be anywhere from just a police officer being present, to having to kill someone to prevent him or her from hurting anyone else. It’s a harsh reality, but sometimes the officer needs to make the decision to die or to protect him and do what he needs to do.
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
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 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 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?
Police work is dangerous. Sometimes police put in situations that excessive force is needed. But, because some officers use
However excessive force is the use of aggressive capability above expectation if it is deemed unreasonable or unwarranted. Excessive force can come in the form of physical, chemical, firearms, or electronic. Physical force is subduing someone through physical contact. This includes choke holds, or your knee in someone back holding them down until you cuff them. Chemical force is the use of chemicals such as tear gas, pepper spray, or mustard gas in order to subdue large crowds of individuals. Firearm force is using guns to gain access to someone. This could involve shootouts or the police raiding a house and electronic force is using things such as the web, or cellphones, or social media sites to catch a suspect or predator. Though these tools were given to the police departments to be more helpful, they may have the opposite effect.
The media coverage of excessive force has caused outrage among citizens across the nation. The cases in Ferguson and New York have stirred up major debates about excessive police force and the meaning of justice for all within our judicial system. Protests and riots have ensued in cities across the nation and the cases are affecting us all, whether it is protesters blocking major highways during rush hour, or citizens burning down local businesses out of anger and frustration. The issue of excessive force needs to be addressed and the main question people want answered is, what causes police to use excessive force? Research has been conducted on variables such as the race of police
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)
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.
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 first major delimitation is that fact that excessive force by police officers is a relevant issue at present time. Furthermore, the questions administered in the survey where constructed for yes or no responses. This produced valid data from professionals within the field of study. Moreover, the research did not cross over into other areas of nonlethal training. The study was strictly about training efforts within the department and its record of
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