Police Brutality Research Paper

The Tennessee vs. Garner case in 1985 reiterated the unlawful nature of deadly force when used by law enforcement officers. A few years later, the justification of excessive force transpired during the Graham vs. Connor case in 1989. In this case, the concept of "reasonableness" was explored when a police officer followed a man’s car because of personal suspicions. Berry Graham was handcuffed and questioned. In the midst of the arrest, Graham experienced discomfort due to his diabetic condition. He simultaneously acquired several cuts and bruises because of the excessive force being used on him. His pleas were ignored, and he proceeded to file a lawsuit claiming that the force that had been used on him violated his fourteenth amendment rights regarding unreasonable searches and seizures. The court justified the practicality of the case and declared that the officer’s force was appropriate regarding the circumstances of the situation. This decision emphasized the powers that law enforcement officers have regarding the amount of force they must use to execute their duties.

Police and Law enforcement have been protecting the public for a long time. Especially in the United States of America, "first American police department was established in Boston in 1838" (Nodjimbadem 3). Since the first establishment of a police department to enforce law and order in the United States things have changes over time. This change over time can allow people, ideas and other things good or bad to enter which could lead to excessive and violent force or appropriate and pleasant force dealing with Police Brutality. The idea of Police Brutality stems from the brutal policing victims received.

When officers uses more force than necessary to subdue citizens they use what they call excessive force. Excessive use of force is not defined by any specific action, but rather evaluated on a case.When a citizen is fleeing from a scene and resisting arrest. Tracking a suspected would likely be considered a use of reasonable of force. If the officer is tracking a fleeing suspect and then beating him/her savagely that would very well be considered excessive use of force. However it does depend on the situation of the officer and the suspectes. There is also a difference between police brutality and excessive use of force. The difference of excessive force and police brutality is not all police brutality involves excessive uses of force. In

Police shouldn’t be able to get away with police brutality because innocent civilians are getting shot and dying from police brutality. Some people might even say that police brutality is more likely to happen against African-Americans. Dilascio also states, “When an alleged incident of police brutality comes to light, it generally falls into one of two categories...the incident is isolated, and stems from a single decision that is later called into question (such as when an officer shoots a suspect that is later discovered to be unarmed)”(Dilascio). This quote states that when a officer shoot an innocent man or woman that is later recognized to be unarmed is called to question and is later handled in court. Also when the incident is handled in court sometimes the incident isn’t handled correctly. According to the black lives matter movement, “The Black Lives Matter movement seeks to highlight police brutality against African Americans and argues that police are more likely to use excessive and even lethal force when confronting black suspects”(Police). This quote is self explanatory, but it explains how police officers are

More than 920 people have been killed by the police in 2015 so far (“5 Facts about Police Brutality”). That’s a high statistic but what I didn’t tell you is why all these people were killed by police officers. Many people falsely assume what police brutality is. First off, brutality is the use of excessive or unnecessary force. Police officers should have the right to use lethal force in situations if they deem it necessary.

In the online article What Arguments Are Against Police Brutality it states police brutality normally consists of three general topics; “1) the police job is to enforce the law and bring the perpetrator to justice...not to assume guilt or innocence. 2) The police look bad when they use police brutality. It is a poor role model for behavior. People can think, well...if the police can beat people up, why can't I? 3) Most important it sends a terrible message to others about the credibility (believability) of the system or state which allows police brutality to happen. Therefore, if police brutality becomes acceptable in a place, over time the public becomes aware of this and ends up ostracizing (avoiding) the state or area in which this occurs. Eventually the public trust in the legal system is undermined when police brutality is allowed to continue.”

Within the past decade there have been several accounts of fatal police shootings. Law enforcement deems deadly force as a justifiable homicide. Not all cases are investigated in its entirety. Stricter laws on police officers should be forced to prevent riots, senseless killings and promote equality.

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

Police officers should know their limits and not use excessive force when it’s really not needed. In some cases the officer beats the victim when the victim didn’t do anything. Police brutality happens when a pedestrian is violently assaulted by an officer and the officer uses excessive force in which case is not needed. In the Article, “New Orleans man: I wasn’t drunk” it states that in October 9th, 2005, a retired teacher was assaulted by the police even though he was not resisting arrest, he still got assaulted and the man received stitches and bandages.

Police brutality is a phenomenon that is occurring more and more frequently. Because of the current police crisis happening in our country today, officers are becoming more violent and untrustworthy. We the people have to have some sort of enforcement for society to work and without it, chaos could ensue.

When it comes to police brutality the definition may different from person to person so therefore it is important to identify whether it comes from a public or police point of view (Otu, 2006). The one definition that all citizens seem to agree on is that “police brutality is “any practice that degrades their state, restricts their freedom, annoys or harasses them, or that uses physical force is police brutality” (Otu, 2006). Police officers should know when they are willfully and wrongfully using too much force and exceed their boundaries. According to the law police brutality falls under an intentional tort, which is “an act that is committed for the purpose of injuring another person and that requires some sanction, either criminal, or civil, as deterrence” (Otu,

Excessive force is the amount of exceeding ordinary force (Ederheimer, Fridell, 2005). The excessive use of force is an unreasonable, the reasonableness resolute by the fact, whether a careful law enforcement officer would have used this much of force in the same circumstances. An excessive amount of force can extent from a severe man handling during an arrest that seems or is unnecessary to a lot of non-lethal force. The use of non-lethal can be considered excessive, the use of tasers, chemical spray, bean bags or gun, are over used to resolve a problem (McDonald, 2003). Since they are non-lethal they can be seen as reasonable force. However amount of force a police officer uses does not solely depend on himself but his or her circumspection.

Predictably, most complaints of police brutality involve excessive physical force by patrol officers during the course of arrests, searches, traffic stops, the issuing of warrants, and street incidents. Common forms of ill-treatment are repeated kicks, punches, or blows with batons or other weapons--sometimes after a suspect has already been restrained

Although I should know by now, I cannot help but think that there has been an overwhelming amount of police brutality in recent years. Police brutality can be defined as, when a police officer uses more force than necessary. This issue has spread throughout the United States of America, and is putting the lives of our citizens in great danger. Police brutality is not only physical, but it can also be verbal attacks; and, in most cases, it is caused by false arrest and racial profiling due to police corruption. Police brutality has been and continues to be a major concern in society and it is used very loosely to any and all forms of police misconduct. Whereas, in reality, excessive force of police misconduct is what defines police brutality. The jobs of a police officer are too calmly resolve public disturbance and disputes. Police officers are supposed to protect citizens; instead they are hurting and using excessive force. It is not right and it is unjust for a police officer to hurt a citizen due to an assumption without any actual proof of criminal activity.

Allegations of police brutality by the U.S. police departments have been on the rise for the past two decades. The use of excessive force by police officers beyond what is considered necessary is not a new fact to the world. Many of these encounters with civilians have been unjustified because the majority ultimately ends in death. The police involve the use of weapons such as batons, Tasers, pepper spray, or guns. This may also include false arrests, psychological trauma, and verbal abuse. Some individuals will state they are just doing their job, but others argue these cases can be traced back to poor training and policies. Every police officer has the right to protect himself and the community, but they should be able to discern when to use reasonable or excessive force on the civilian depending on the situation at hand.