The Controversy of Police Use of Force
"Use of force" refers to the "amount of effort required by police to compel compliance by an unwilling subject." The Fourth Amendment forbids unreasonable searches and seizures, and various other legal and policy controls govern how and when officers can use force. Most agencies tightly control the use of force, and supervisors or internal affairs units routinely review serious incidents.(1)
In America today, we are faced with this question: Are law enforcement officials using the proper amount of force when dealing with possible suspects and the general population? The answer to that will depend greatly on who you ask. The majority of those who will argue that Officers are using an appropriate amount of force are, in fact, Police Officers themselves.
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By the late 1800s, police officers were issued firearms to counteract the better equipped criminal. In recent years, there have been resurgences in the importance of non-lethal and less-than-lethal weapons for law enforcement use. However, the devices in use today are worlds away from in terms of technology compared to what their police forefathers used. Generally, the use of force by law enforcement officers is permitted and often necessary under certain circumstances, such as in self-defense or in the defense of another individual or group.
There is no universally agreed upon definition for the use of force. The International Association of Chiefs of Police has described use of force as the "amount of effort required by police to compel compliance by an unwilling subject". (1)
Officers receive training from their individual agencies. However, a universal set of rules pertaining to the deployment of the use of force has yet to be
Like other law enforcement agencies throughout the United States, New Jersey has a policy that addresses police use of force. The New Jersey Attorney General’s Use of Force Policy was first put into operation in April 1985. The purpose of the policy is to serve as a guide for police officers who are confronted with use of force situations during their duty to preserve the law and protect others. This essay will provide a summary of the policies and practices of New Jersey’s Use of Force Policy. An evaluation of these components will be presented with emphasis on the legal sufficiency of the policies and procedures. Policy strengths and weaknesses will be identified in addition to suggestions for improvement. This essay will conclude
Law enforcement officers are given much power and authority over one’s civil liberties. Not only do they have a duty but also a responsibility to enforce laws and ordinances in their jurisdiction, maintain order and protect its people. In some cases, the only way to accomplish this is through legitimized use of force. Use of force can best be described as "the amount of effort required by a law enforcement officer to induce compliance of an unwilling subject" (nij.gov, 2012). With that said, law enforcement officers have been given the right to apply only enough force necessary to control a situation, while defending others, preventing escape, during self-defense and while a subject is resisting arrest (Pollock, pp. 234). It is not until that force becomes excessive that it becomes say an issue.
A '''use of force continuum''' is a standard that affords law enforcement officials & security officers (police, probation, or corrections) with guidelines as to how much use of force may be used against a repelling subject in a given situation. In certain ways it is similar to the military’s escalation of force. The reason of these models is to clarify, both for officers and citizens, the complex subject of use of force by law officers. They are often vital parts of law enforcement agencies' use of force policies. Although various agencies have developed different models of the continuum, there is no universal standard model (Stetser, 2001, p. 36)
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 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?
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 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.
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.
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
Force that police tend to use on subjects that pose a threat has become an escalating issue in society today as we know it. Sometimes the public gets the notion that the police abuse their authority and use dangerous
What is police misconduct? It can be defined as any action performed by a law enforcement officer that is unethical by established employment guidelines, unconstitutional, or a crime with in itself. When people hear the term “police misconduct” they automatically think of a police officer using unnecessary force against a civilian. While that is a form of police misconduct it is not only form. Throughout this paper I will bring light to the many types of police misconduct that can happen in the law enforcement industry.
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.
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.
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
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