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Mla style term paper excessive use of force by police

Mla style term paper excessive use of force by police

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Mla style term paper excessive use of force by police Document Transcript

  • 1. Surname 1Name:University:Course:Tutor:Date: Excessive Use Of Force By Police Introduction In most cases the Police officers are legally allowed to partially use force. The policesuperior and the public at large expect this due to the nature of the police duties that requiresthem to do so when appropriate. In order to deal with the disorderly elements of the society,people who work in the law enforcement agencies may gradually develop the attitude or thesense of commanding authority over the society, this is evident in the traditional reaction-basedpolicing models; in most cases the police hold the believe that they are supposed to be above thelaw. (Merle, 2004) Reports link the Police with the causes of misconduct as result of the systematic factorsthat originates from the police force itself. These are as follows; the Pressures to conform to theaspects of the police culture which are designed to sustain a substantial opposition to the criminalsubculture while protecting the police force interests, this goes to the extent of violating the lawwhile at the same time the outsiders are viewed in a suspicious perspective or with a lot ofdistrust. Secondly, there is the command and the control structures that have a very rigidhierarchical foundation, with law enforcement the more rigid the hierarchy is, then the lower thescores when measured on the scale of ethical decision-making thirdly, the deficiencies that are
  • 2. Surname 2created in the internal accountability the mechanisms especially in the internal investigationprocesses. Police Use of Force The Police officers use of the excessive force is always kept in check by manyjurisdictions through the issuance of the force continuum that allows use of force to certainextent. The force continuum sets relevant levels of force that are considered appropriate in thedirect response to a subjects behavior. This power is only granted by the civil government, andhas the limits that have been set out under the statutory law as well as the common law. (Stetser,2001) The members of the public sometimes perceive the use of excessive force by the police asan offence even when the force used is lawful. In the daily duties, the law enforcement officersare faced with danger as they carry out their duties. In dealing with a dangerous or theunpredictable situations, the police officers have very little time to organize themselvespsychologically and assess the ability to determine a proper response. Therefore, a good traininggiven to the police can enhance the chances of the officers to react properly to the situations orthe possible threats. The response that is accompanied with the appropriate tactics for addressingthe situations that possibly including some levels of force under the given circumstances. The Police are charged with the mandate to enforce the social order through thelegitimization of the use of force. The use of force describes the amount of efforts that is requiredby police in compelling the compliance by the unwilling subjects. The levels, or the continuum,of force that the police officer use include the basic verbal and the physical restraint, the less-lethal force and the lethal forces.
  • 3. Surname 3 The amount of force that the police use should be the minimized to a point that is neededfor elimination of the threat that has been presented, in this way the risks are minimized and alsothe severity of any kind of injury that may occur. Remedies to the police brutalityPolice should do the following to remedy the situation; • Make sure that those people injured receive immediate medical aid. • Notify the family of any injured person.The officers should be given supplementary guidance from the individual agencies, there shouldbe no universal set of the rules to govern the officers as to when to use force and how much.The level of force that the police officer use vary basing on the situation, due to of variation, theguidelines for the use of force can be based on many factors, these include; • The experience of the police department. • The Federal and the state mandates. • Availability of the law enforcement technologies. • The relationships that exist between the police and the citizens in a given jurisdiction. Police-Community Relations The controversy that exists over firearms policy and the use of excessive force by the policeis tied to the overall quality of the relations between the community and the police. In thesituations where the police and all the general community develop good relations, then thefriction is generally minimized. The perception of the police to the civilians should be that of aconcerned professional. This leads to greater respect in all the segments of the community. Theconfidence of the police officers to count on the support of all the community in the performanceof their duties gives them a greater sense of responsibility in doing their job (Justice.gov, par 6).
  • 4. Surname 4A very effective police-minority relationship can immensely contribute to the reduction in theincidents of excessive police force. However, if an incident of a police officer excessive forcedoes occur, then the public is likely to give a response with a very open mind due to the positiverelationships and the trust that has been built up with the police through their daily experience.The community organizations on the other hand might consider the possibilities which may actas an aid for the improvement of the relations with the police. Another way is through theExploration and the establishment of communications links to the professional policeassociations as well as the linkage with the police union. Conclusion Most people have a crude understanding that if the police officers use excessive force ona civilian then that is a criminal offense. That is not the case but it is an occupational crime sinceit is committed while the police officers are operating in their legitimate occupations. If a policeofficer Abuses a citizen then that is the violation of the trust that has been implied to the positionofficer’s position and the power bestowed upon the officer (Social.jrank.org, par 5). TheExcessive abuse of force tends to violate the state laws, federal laws, and the constitutionalrights. By considering all these violations, it is assumed that the conviction of an officer inrelation to violence is revered with much fervor. From my research I made the conclusion thatthe general public prefers that the police officers involved in violence should be punished, butthe police the police on the other hand cannot accept such an action. The offenders learn this actsof brutality through the organization’s failure to give them proper training especially on theimportance of controlling of some situations through the use of minimal force. In the practicalcontexts the excessive force users are rarely punished. The manner in which the police forceorganizes its departments are tends to encourage the police to use force through their approach.
  • 5. Surname 5 The Police have the right to use force in protecting themselves, however the extentbeating up a suspect who has been restrained or one who has surrendered is not justified for selfdefense. Therefore actions need to be taken in order to diminish the crime of caused by the policebrutality. Good utilization of the interdisciplinary police units, the justice system, and the policeofficers trainers can work together to deter the police brutality. The justice system needs toactively pursue and punish the offenders within the police system. On the other hand the Policemust do more on their part to change the structure of the police force in order to sanction theofficers who abuse their power thereby preventing the new officers from learning the badbehaviors
  • 6. Surname 6 ReferenceJohnson, Merle. Street Justice: A History of Police Violence in New York City. Beacon Press. 2004Justice.gov. 2010 Police Use Of Excessive Force; A Conciliation Handbook For The Police And The Community. http://www.justice.gov/crs/pubs/pdexcess.htm (Accessed Feb 22, 2011).Stetser, Merle. The Use of Force in Police Control of Violence: Incidents Resulting in Assaults on Officers. New York: LFB Scholarly Publishing L.L.C.2001Social.jrank.org. Law Enforcement - Use Of Force. <http://social.jrank.org/pages/1332/Law- Enforcement-Use-Force.html> (Accessed Feb 22, 2011).