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The Reasonableness Of A Deadly Force Seizure
In 1985 the U.S. Supreme Court ruling in Tennessee v. Garner severely restricted the circumstances under which law enforcement officers may use
deadly force to arrest a suspect. In assessing the reasonableness of a deadly force seizure per the fourth amendment, the Court ruled that the need for a
police intrusion had to be weighed against its risks, and determined that common law any–fleeing–felon statutes were unconstitutional. In a narrative
give the facts, issues, and court holdings.
(ncjrs.gov,2015)
Facts
On the night of October 3, 1974 at 10:45pm Memphis police officer was dispatched to answer a burglary call. The call was from next door, and the
police officers that answered the call was Leslie Wright and Elton Hymon. Officer Hymon went behind the house as the other officer radioed back
to the station. The officer witness someone running across the yard. Edward Garner was the fleeing suspect. Garner stopped at the fence. Hymon
used a flashlight, and he saw Hymon face, and hands. Hymon was sure that Garner was unarmed.The police testified that Garner was 17 or 18, but
he was only in fact 15. Garner begin to climb the fence even though police had told him to stop. Hymon shot Garner because he believed Garner
would flee if he did not. Garner was shot in the back and he died. The only thing he took was ten dollars and a purse, I think he would have took more
if he had time to find more. Deadly force against a fleeing suspect is authorized under Tennessee State Statute
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How Are Police Justified In Using Deadly Force
Have you ever thought about when police are justified in using force? Almost everyday there are headlines about police using deadly force. Police are
justified when to use this kind of force. But, the question is, "When are police justified in using deadly force. Justification for use of police force. Police
use of force. The use of force by law enforcement becomes necessary and is permitted by law under specific circumstances. The International
Association of Chiefs of Police has described the use of force as the "amount of effort required by police to compel compliance by an unwilling
subject." No two situations are the same, nor are any two officers. In a potentially threatening situation, an officer will quickly tailor a response and ...
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Deadly force occurs in less than 1% of the millions of encounters police have with people each year. In Tennessee v. Garner in 1985, the U.S.
Supreme Court ruled that an officer CANNOT use deadly against a fleeing suspect UNLESS the suspect is a significant threat to the officer or to
others. Four years later, the Supreme Court ruled in Graham v. Connor that officers who use force, must be judged on the totality of circumstances
and a standard of "objective reasonableness." Force "must be judged from the perspective of a reasonable officer on the scene, rather than with the
20/20 vision of hindsight," the court said. Dethorne Graham was a diabetic who asked a friend to drop him off at a store to get some orange juice
during one of his blood–sugar episodes. Graham saw the long line and decided to leave the juice behind and left. When an officer saw Graham leave,
the officer became suspicious and pulled him over to investigate. Other officers came and handcuffed Graham, ignoring his pleas that he was having a
diabetic reaction. During the encounter, Graham suffered multiple injuries. Graham sued, claiming the police used excessive force, but the court
decided against him, claiming Graham's erratic actions justified the officer's initial
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Is Homicide Ever Justified Essay
Is homicide ever justified? Ordinarily no, but in certain circumstances committing a homicide can be excused due to insanity or be justified because the
situation called for self–defense or the defense of others. As with many aspects of the law, there can be ambiguity present about whether or not a crime
meets the criteria of an excuse or justification, as we have seen in the State v. Norman 378 S.E.2d 8 (1989) case. At issue in the case is whether the
danger that the defendant, Judy Ann Laws Norman, felt was imminent in order to justify the homicide she committed when she shot her husband. I
believe Norman's actions were justified when she shot her husband given the extensive instances of domestic abuse that her husband inflicted on her
over the course of the last... Show more content on Helpwriting.net ...
Does the store clerk go to prison for manslaughter? Let's break this situation down into its smaller parts to better understand why this hypothetical
situation is clear–cut self–defense. The threat was imminent and present as soon as the perpetrator threatened the clerk and the threat continued to exist
throughout the entire situation until the perpetrator was killed. The perception of the threat was reasonable since any reasonable person would feel in
danger if someone brandished a gun at them. Finally, the store clerk was entitled to use deadly force to defend himself since the perpetrator was using
deadly force as leverage in the situation. In conclusion, the situation contains all of the elements of self–defense and the store clerk cannot face legal
repercussions for the death of the perpetrator. In my analysis of the homicide that took place in the State v. Norman 378 S.E.2d 8 (1989) case, I find
that the situation that occurred is analogous to the store clerk versus the
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Deadly Excessive Force
Deadly excessive force used by police that has led to death is not some new hot topic on some television show; it is an issue within the Black
communities that has spread rampantly. Civilians don't have the trust that they should in law enforcement due to their belief that a police officer may
shoot and kill them during contact. Excessive force in the form of shooting continues to be a nationwide problem that has spiraled out of control
having a domino effect across the entire country. Reform measures include transparency in reporting practices as there is a lack of necessary
transparent data that provides consistent data proving the prevalence of police related killings in our society. This leaves room for commentators and
legislators to
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Persuasive Essay On Self Defense
Self Defense is widely known as a universal principle that allows a person to protect themselves under appropriate circumstances; Yet "appropriate
circumstances" goes far beyond its counterparts. In many cases, victims are accused instead of the violator, even though they intended to rob and/or
murder. Even though many walk away without punishment there are a ton of cases that should not be overlooked. It sounds as if the definition is
plain and simple, but what is the level of force that goes beyond the sufficient level allowed? Most people tend to think that Self–Defense should be the
last resort and should never reach the level of murder, but it should be redefined as a mechanism acceptable when the victim's life is threatened for a
reasonable cause, because many are charged for murder even though the attack was protection from harm.
By reinforcing the government's definition of self–defense, citizens would have an easier time differentiating between a reasonable cause or deadly
violence. A reporter from CBS news speaks of 16–year–old Mindy, charged of murder, "Her defense hinged on the claim that the physical and
emotional abuse she says she suffered at the hands of her father left her in such terror of him that one look from him that night sent her over the
edge". In this case, A daughter of an abusive father was pushed past her limits and ended all of her physical and mental pain by killing her father to
protect herself. This brings up the subject of imperfect
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Use Of Deadly Force Essay
There has been two shooting of deadly force as I know of in our local department. I live in the city of Humboldt tn.There has been two incident after
2008. A person would not think it would have happen in such a small town, but it has been (Police officers charged in fatal shootings while on duty,
2016). I have knew both of the guys that has been shot by deadly force.I went to highschool with one of them. The people of our city even did a
peaceful march for him. The march was lead by his mom, and the rest of his family (Police officers charged in fatal shootings while on duty, 2016).
They even had a Billboard up for a while saying what happened.
The victim I am talking about is Roy Glenn JR. who was shot and killed at age 29 by Officer Paul Robert Carrier.Jr. Roy Glenn Jr. who was unarmed
in 2009 was shot by Officer Carrier, after Officer Carrier... Show more content on Helpwriting.net ...
The felony is reckless homicide. I do not know why the officer only served six months for a two year sentence (Police officers charged in fatal
shootings while on duty, 2016).
The U.S. Supreme Court has set forth some important legal guidelines both for the use of deadly force itself, and for the inquiries which must be
conducted before such use results in civil liability in a federal civil rights claim(AELE Monthly Law Journal, 2007). When constitutional rights and
departmental policy have been violated this can be the cause of civil liability claim (AELE Monthly Law Journal, 2007).
AELE Monthly Law Journal. (2007, November). Civil Liability for Use of Deadly Force. Retrieved September, 2016, from http://www.aele.org/law
/2007LRNOV/2007–11MLJ101.pdf
Police officers charged in fatal shootings while on duty: 54 cases in the past decade. (n.d.). Retrieved September 07, 2016, from
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Lieutenant Baxter Case Study
The officer's actions were justified in this case because Lieutenant Baxter reasonably believed that force was necessary to defend himself from the
young man. According to one section of the Penal Code, a deadly physical force is justified when the officer reasonably believes that a person has
committed a felony and that, in attempting to escape from the custody or in resisting arrest, the felon is armed with a deadly weapon. When the
young man stole Mr. Marcel Potts' car, he is guilty of theft. Therefore, he has committed a felony. Additionally, as stated by the officer, the guy had
tried to climb the brick wall. This proves the element of attempting to escape from the custody. Finally, the young man did have a possession of a
knife, a deadly
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Criminal Law Essay
Illinois revised statutes state that, "a person is justified in the use of deadly force when that person reasonably believes that such force is necessary to
prevent imminent death or great bodily harm to himself." (Ill.Rev.Stat. 1977, ch. 38, par. 7–1).
When a court looks to define whether a defendant was reasonably justified in his use of deadly force they look at four factors: (1) Significant physical
disparity in size between the defendant and the decedent(s) (2) the defendant avidly attempts to avoid confrontation (3) The defendant feels threaten by
the decedent(s) (4) the decedent(s) continued pursuit of the defendants after a had been fired. The People of the State of Illinois v. S.M., a minor, 416
N.E.2d 1212, 1212(Ill.App. Ct ... Show more content on Helpwriting.net ...
In People v S.M. the defendant is seen actively trying to avoid confrontation and thus giving the court evidence that he felt his life was truly in
danger. The court stated "that his fears were well founded is borne out by the appearance and conduct of Gale's four companions and by the fact that
the boys were in way discouraged by the respondent's gun. The respondent made repeated efforts to flee. At no time did he stand his ground or
advance toward the other boys." Likewise, in People v Shipp the defendant is seen trying to stop the decedent by using words. "Please don't come
any closer. The decedent continued to advance and the defendant began backing up". It is only when he gets within proximity does the defendant
deem it necessary to act. The court found that the defendant acted in a way that was justified in the use of deadly force to protect herself from
imminent harm. In contrast in People v Moore, the defendant did not avoid confrontation, just before the defendants use of deadly force he is told to
go back home by his neighbor. He instead makes the decision to return with the weapon and use it if necessary. "" This leads the court to believe he
didn't act in a way to avoid confrontation.
The third factor that the court uses to justify the reasonable use of deadly force is that the defendant feels threaten by the decedent(s). In People
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Coercion And Force Essay
In this week's module, I learned and will be explaining the elements comprising the working police personality, I will also identify and explain the
variables involved in the use of coercion and force, including deadly force. Finally, I will explain the ethical variables involved in police practices, as
well as the factors involved in the use of discretion. The fundamentals of negotiating the working police personality. "Police officers' treatment of others
is influenced by how officers themselves are treated. Any credible conversation about respect for human rights and ethical conduct needs to begin
inside a police department with candid discussion and a commitment to fair treatment of employees" (O'Donnell, Fostering Ethical and Humane ...
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Deadly force is a force that a person uses causing, or that a person knows or should know would create a substantial risk of causing, death or
seriously bodily harm or injury." Perhaps the most important kind of discretion that police must exercise relates to the use of force. Although
police officers are legally empowered to use force in certain situations, they may use only the level of force necessary to meet a lawful police
objective" (Walker, Mediating Citizen Complaints). "The enormous public attention to allegations of excessive force has deflected attention from
the most common forms of police behavior that lead to citizen complaints. Rudeness, discourtesy, or a failure to provide adequate service make up
the majority of complaints in every jurisdiction" (Walker, Mediating Citizen Complaints). The excessive use of force leads to deadly force. In my
opinion, I think that if people would just cooperate with police officers instead of resisting arrest or etc. there wouldn't be such use of excessive
force or even deadly force. "In 2010, we saw a large increase in the number of deadly force encounters our officers were involved in. Historically, the
city has had about six officer involved shootings per year. We had 14 in 2010, and the majority of those were fatal." (Police Executive Research
Forum, An Integrated Approach). Chief Ray Schultz from Albuquerque on the deadly force encounters in the
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Deadly Force Misconceptions
On common misconception that many in the public have is that deadly force always means excessive force (Miller, 2015). In reality, "necessary
force is the amount of force required to control a given situation so as to preserve the life and maintain the safety of police officers or vulnerable
citizens at the scene–excessive force is any use of force beyond that required for safety and control" (Miller, 2015, par. 2). Is this misconception,
lawyers searching out family members, valid reasons, or something else why so many lawsuits are being filed after police deadly force encounters. No
one will probably ever know the true reason. I will give two examples of deadly force from the Knoxville Police Department, my agency for the
last 19 years, and show that there is no known why so many are filed. When I was a Patrol Sergeant in October of 2006, my officers were in a
vehicle pursuit of a carjacking suspect, who had pistol whipped the victim. By policy, we only had two cars involved in the pursuit. About halfway into
the pursuit, the suspect swerved and struck an ... Show more content on Helpwriting.net ...
Based on the circumstances in today's world, which officer would one guess was sued? Most would pick wrong as I had built such a good relationship
with the African–American community that they knew I had done no wrong. The suspect's son in the second incident filed suit against the city and
officer even though he had not contact with his father for over 17 years. It looks like a lawyer hunted this relative down to make some money.
Hopefully this will not happen again as last year the United States Supreme Court gave broader immunity to police in deadly force issues (Savage,
2015). Police officers cannot let the fear of being sued keep them from doing their jobs. If they do, they may lose their lives like some have
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Deadly Force
As the Court said in the case of Tennessee v. Garner, police use of deadly force to apprehend a fleeing felon from the scene of a residential burglary
does not exceed the constitutional limits (Brody & Acker, 2010).
I believe that limiting the power of the police to use deadly force makes the officers job more difficult. Limiting the power makes the officers job
more dangerous from the point of the suspect knowing the officer is unable to respond correctly to a situation. If an officer is unable to use the force
necessary for certain situations, it not only endangers the officer's life but the lives of citizens around them. The officer's ability to assist the public
may also be limited. Why would the public want to call the police who will be unable to use deadly force to assist them?
Most law–abiding citizens in my area have a weapon in their home and if the officer is limited as to the use of deadly force, the law–abiding citizen
will then take matters in their own hands. The other possibility is that crime rate will drastically rise. Criminals will not be fearful of ... Show more
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In 2015, the Washington Post reported 987 fatal shootings by on–duty officers in their database (Lowery, 2016). These high numbers along with the
role of media, have caused officers to be scrutinized more than ever. Many of the largest police departments were asked to implement new training
and implement new policies that would decrease the number of fatal shootings (Lowery, 2016). The reform goals were to decrease the number of
shootings that were not a crime, but sparked an outrage in communities (Lowery, 2016). If you look at these goals of reform, it does make sense to
try to find ways to decrease deadly shootings that are not necessary. It just does not make sense to me to limit officers so much that they are not
effective in stopping crime and we are ultimately ruled by
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Police Shootings And Police Brutality
The topic that has my interest would be police shooting and how much it has gotten worse over the years. Thiers a lot of questions asked when it
comes to police shootings/police brutality. The first thing that the media always brings up is did the person deserve to be shot or was the person
shooting at the police, in which case two valid questions but the fact the cops shoot to kill it appears in many police shooting they will usually shoot
at the body of the person, they aren't likely to shoot at your legs or a place that won't automatically cause death. The reason this is a concern is
because I believe the African American community is targeted more than any other ethnic group in America, they are more searched than any other
ethnic group it causes fear with the community and this also makes the police job harder, because now they will be more trigger happy to shoot
someone in a slight move they make. A big media case from last year was shown an African American man helping his patience that left his care,
while this was going on the man was laying down with his hands up telling the cops I am just trying to help my patience within 2 minutes the
policeman shoots at the unarmed man injuring him, but lucky the man survived. The strange part of this shooting was that the police was 20 foot from
the man that they shot, which also makes you wonder how is it possible that a man can have his arm raised clearly a video of the incident showing the
man with his hands up still was
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What Is The Difference Between Deadly Force And Force?
Minnesota Duluth Police Department: DPD has two terms defined in this section which are deadly force and force. They define deadly force as a
force which is reasonable applied to cause a high chance of death or bodily harm. They define force as the use of physical techniques or other
strategies such as chemical agents or weapon of another person. Minneapolis Police Department: MPD actually referenced the Minnesota Statute
609.066 which states deadly force is a force which the person using it reasonably knows it will cause death or great bodily harm. Nevertheless, they
also added that the willingness to shoot a firearm by a peace officer to another person, or a vehicle in which another person is thought to be in, is also
known as deadly force.
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Stand Your Ground Laws Are Relevant For American Society...
'Stand Your Ground' laws have been at the center of escalating deliberation, mainly after the law was applied in a number of exceedingly–broadcasted
events (Auerbach, 2015, p.1). Stand Your Ground law is a term for a "type of self–protection in which an individual is legally allowed to defend his or
herself against a threat or perceived threat against their life; law requires that individual be in a place he or she is lawfully allowed to be (Long,
N.D.)." The debate concentrated on whether Stand Your Ground laws justifiably serve to protect the public. The laws are relevant to American society's
perception on self–defense. On February 26, 2012, one of the cases that made a disturbance in many communities occurred. George Zimmerman, a
neighborhood watchman in Sandford, Florida called police to report a suspicious individual in the area. According to a Feb. 7, 2016 CNN report, while
Zimmerman is on the phone with a dispatcher, the dispatcher "asked him if he was following the teen. When Zimmerman replied that he was, the
dispatcher said, 'We don 't need you to do that.' Zimmerman was instructed not to get out of his SUV or approach the person", but Zimmerman
disregarded the instructions given to him by the police dispatcher (CNN, para.4). Zimmerman's neighborhood watch organization was not registered
with the National Neighborhood Watch program, but was set up with the assistance of the Stanford Police Department. Donald O
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Deadly Force: A Case Study
The Use of Deadly Force The shooting of 19 year–old Zachary Hammond took place on July 26, 2015 in Seneca, South Carolina. At around 8:20 p.m.
on that day Hammond and his date Tori Morton drove in a 2001 Honda civic to Hardee's restaurant parking lot, after an undercover officer
arranged to buy drugs from her. Lieutenant Mark Tiller was sent as backup for the undercover officer. As Tiller arrived to the parking lot he parked
his vehicle behind Hammond's car in order to block Hammond's escape. Tiller then approached the vehicle by demanding him to put his hands up,
which Hammond ignored and began to drive away from the scene. After, Tiller attempted to stop the driver by stepping towards the path of the
fleeing vehicle exclaiming "stop, I will blow your f**cking head off", yet Hammond still accelerated and remained clear of the officer. Tiller then
reacted by firing two rounds from his .45 caliber handgun through the open... Show more content on Helpwriting.net ...
Due to state laws, police officers are legally authorized to use deadly force under certain circumstances which may include, persons fleeing from the
police, assaulting someone, or attempting to use lethal force against another person (including a police officer). Therefore, I picked this case not only
because there has been many investigations and questions involving police discretion but because this investigation strongly questions if the force
used by Lieutenant Tiller was reasonable enough. Primarily, Tiller confidently gave a reason to everyone why he shot Hammond, which was
because he felt his life was in danger because he thought the driver was going to run him over. According to the textbook, "Officers may use deadly
force when they reasonably believe that the action is necessary in defense of human life, including the officer's own life, or defense of any person in
immediate danger of serious bodily injury" (Lyman
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Tennessee v. Garner 1985 Essay
Name: Tennessee v. Garner
Citation: No. 83–1035, 83–1070 (1985)
Facts: On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a "prowler inside call." When the police arrived
at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the
officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across the
backyard. The suspect, Edward Garner stopped at a 6–feet–high fence at the edge of the yard and proceeded to climb the fence as the police officer
called out "police, halt." The police officer figured that if Garner made it over ... Show more content on Helpwriting.net ...
Procedure: Garner's father brought the action the police officer took in the Federal District Court for the Western District of Tennessee, looking for
violations that were made of Garner's constitutional rights. The complaint was alleged that the shooting of Garner violated the Fourth, Fifth, Sixth,
Eighth, and Fourteenth Amendments of the United States Constitution. After a three day trial, the District Court entered judgement for all defendants.
It dismissed the claims against the defendants as being the mayor and Officer Hymon and the Police Department as being the director for lack of
evidence. Hymon's actions were then concluded to being constitutional by being under the Tennessee statute. The Court of Appeals affirmed with
regard to Hymon, finding that he had acted accordingly to the Tennessee statute. The Court of Appeals then reversed and remanded. It reasoned that the
killing of a fleeing suspect is "seizure" under the Fourth Amendment, and is therefore constitutional only if actions are reasonable. In this case the
actions were found not to be reasonable. Officers cannot use deadly force unless they have probable cause that the suspect poses a serious threat to the
officer or has committed a felony.
Issue: Garner, the suspect's father brought forth that his unarmed son was wrongfully shot by a police officer as his son was fleeing from the burglary
of an unoccupied house. He proposed a
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Is the Use of Deadly Force Justifiable?
Is the use of deadly force justifiable? There is much controversy regarding police work and the use of deadly force, as there are great deals of
individuals who feel that officers need to be limited and that this would have a positive effect on the rate of divisive police killings. Police
authority to use both psychological and physical force in situations where criminals need to be apprehended is perfectly normal. Furthermore,
officers have the right to use deadly force in conditions when individuals targeted pose a direct threat to people around them. Even though the
masses have trouble understanding why and when it is justifiable for a police officer to use deadly force, people need to look at things from the
perspective of someone who is present in conditions of extreme necessity and has no solution other than to kill a person or a group in order to save
him or herself or others. The use of deadly force in extreme situations goes back several hundred years when it was first admitted as a right during the
early nineteenth century as sheriffs realized that they needed to kill certain threatening individuals in order to protect others. Thousands of police
officers were killed during the recent decades and this raises an alarm regarding the authority to use deadly force. Individuals criticizing this right have
to acknowledge that police officers fight with the purpose of preserving a peaceful world and are constantly exposed to criminals who are unhesitant
about
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The Amendment Of The United States Constitution
use of force is always a heavily debated topic for law enforcement. Every action an officer takes during an altercation when use of force is present,
will be reviewed by chief's, lieutenant's captain's etc. With the recent rise in officer involved shootings, the demand for less lethal force measures has
begun to rise. The eighth amendment of the United States Constitution was made for protection against cruel and unusual punishment; if an officer
uses lethal force in an altercation they have deprived that person of their rights. Also the fourteenth amendment gives us the right to due process;
lethal force deprives us of that right. There is a saying that has come to light recently that law enforcement officers are the judge the jury and the
executioner. Officers have become heavily criticized for using lethal force in altercations that less lethal could have possibly been used. With officer
involved shooting on the rise society wants us to re–examine other alternatives. There will be times that an officer must use their duty weapon, but
many of the recent shootings could have been avoided with the use of less lethal tools. Lethal force often affects the department's image negatively and
brings un–wanted media attention; it can be hard to rebuild the trust with the community. When officers deploy less lethal tactics it is often overlooked
by any media attention and any civil issues. In an effort to help department's combat un–wanted lethal encounters, this research will
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The Death Of Tennessee V Garner
Sidney Hildebrandt
Tennessee V Garner
On the night of October 3rd, 1974 at approximately 10:45 p.m. Edward Garner was shot by Officer Hymon in an attempt to stop him from escaping
a crime scene. Garner died on the operating table due to the gunshot wound on the back of his head. His crime was burglary and he was found with
a mere ten dollars and a purse. The case was argued on October 30th, 1984 and a decision was made on March 27th, 1985. The father of Edward
Garner believed his son's constitutional rights were violated by the defendants Officer Hymon, the Police Department, and the Mayor of the city of
Memphis. With a 6–3 decision, the Justices' decided that Officer Hymon was acting justly under the fourth amendment that states that deadly force is
constitutional as long as it is "reasonable". I believe Officer Hymon was acting in good faith and simply fulfilling his duty to protect the public and stop
criminals from escaping punishment.
Edward Eugene Garner life ended in his eighth grade year at the young age of 15.He stood at five feet four inches tall and weighed around one hundred
pounds.1 The father of Edward, Cleamtee Garner, brought the case into action by claiming that his son's fourth, fifth, sixth, eighth and fourteenth
amendments were violated.2 Officer Elton Hymon, along with Leslie Wright received a "prowler inside call". Once on the scene, the two officers were
informed that someone was breaking into the house next door.Officer Hymon went to investigate
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Tennessee Vs Garner Essay
Tennessee v. Garner
At approximately 2200 hours on October 3, 1974, the Memphis police received a "prowler inside call", to which they dispatched officers Hymon
and Wright. Upon arrival at the scene, a woman directed them to a neighboring house from her porch and informed the officers that she had heard
glass breaking and that someone (or possibly multiple someones) was breaking into the house next door. Hymon proceeded to circle around behind
the house, while Wright radioed dispatch to inform them they were on the scene. Officer Hymon then heard a door slam and someone running across
the backyard. Officer Hymon was able to see Garner's hands and was reasonably certain that Garner was unarmed, however, he was not certain. The
escaping suspect, ... Show more content on Helpwriting.net ...
1983 for violations of Garner's constitutional rights. He stated that the shooting violated the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments.
(http://caselaw.findlaw.com/us–supreme–court/471/1.html) He was not particular when it came to the blame for this action, holding the Police
Department, it's Director, Officer Hymon, and the Mayor of Memphis city accountable. After a three–day bench trial, the District Court dismissed the
charges against The Mayor and the city of Memphis due to a lack of sufficient evidence. Officer Hymon's charges were dismissed the charges on the
grounds that his actions were constitutional and were sanctioned by the Tennessee statute. The main question this case posed was: Does a statute
authorizing use of deadly force to prevent the escape of any fleeing suspected felon violate the Fourth Amendment? Eventually, they decided it wasn't,
though this decision was not unanimous, representing a 6–3 split in the Supreme Court Justices. The three justices who were not in agreement were
following the statement made by Justice Sandra Day O'Connor that "the majority went too far in invalidating long–standing common law and police
practices contrary to the holding."
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Should Police Use Lethal Force Essay
There are many reason police officers should be allowed to use lethal force. Police should still be allowed the option of the use of lethal force. Police
officers should be allowed to use lethal force because of how their mind set and training has changed, the way police guidelines affect use of lethal
force, and the effect psychologically the use of deadly force has on police.
The mind set and training has changed on the use of lethal force. He went to a warrior mind set seminar put on for police he said, "For nearly two
decades, he has taught tens of thousands of police officers, sheriff's deputies, and federal agents in every state to cultivate what he calls a "warrior
mindset"––being mentally prepared to kill at any moment"(Featherstone). This tells ... Show more content on Helpwriting.net ...
Featherstone states his father, "But by the time he retired, in 1998, he had witnessed firsthand the seismic shift in policing that gave rise to the
warrior cop" (Featherstone). It helps top understand this is just a recent change but a long coming change to the mind set of police officers
because, they had already started to develop this mind set back in the late nineties. His father also said, "You were just an ordinary person that
happened to be a cop" (Featherstone). Police officers used to think like this because, they were not trained to think like warriors in that time, but the
need arose with all the police getting shootings to train them to not be afraid to use justified lethal force when necessary. Police officer shootings
most likely to be justified: "Between 2004 and 2011, according to an analysis by The Wall Street Journal, officers were cleared of wrongdoing in
more than 99 percent of fatal shootings" (Featherstone). When cops adhere to their training 99 percent of the time as shown by the wall street journal
the shooting are ruled to be justified by the officer. The American journal of public health said, "Firearm legislation may affect not only criminal
homicide and suicide rates but also
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Should Police Use Deadly Force Research Paper
Should police be able to use deadly force? Deadly force is used by an officer, to defend themselves from life threatening assault against other people.
Police must protect themselves and others as a citizen they serve. It may not happen as much as we think, but in certain incidents, there are times it is
used (Williams, 1999). My opinion about deadly force is there is a right time to use it and a wrong way. The right way to me is whenpolice enter a
situation in gunfire being exchanged between an officer and a person the officer is then at risk of losing his life and to protect anyone around and the
officer, then deadly force must then take place. Basically, as soon a person was to open fire on an officer I believe the officer would then have... Show
more content on Helpwriting.net ...
However, if he is not tied in with others, still may go and commit dangerous crimes and put everyone at danger. When using deadly force, we save
an officers life and stopped a criminal from hurting others (Williams, 1996). My opinion in using deadly force the wrong way is when an officer
is chasing someone and they shoot them point blank. I do not agree with that as the person is running to get away from the problem, as there are
other things that could be done such as tazered the person to get them to fall down a resist. I just feel you must know how to act accordingly with
each different situation to protect yourself and the other around, because when you go to court to convict the defendant to charge them you must
have done the right thing and evidence of it to back it up. The police deal with people every day, who seem to kill. When officers are forced to use
deadly force, they become scared. The police avoid deadly force at all cost. When they do fire they first shoot into the air, missing the target on
purpose. This happens so the person will hopefully become scared and will put the weapon down (Williams, 1999). Police must be quick and alert
when dealing with a deadly force situation. The police must do and choose the right choices when dealing with a situation, because if they do anything
unethical can receive jail time or even get
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Disadvantages Of Police Discretion
Assignment 2 Discretion can be defined as the availability of choice of options or actions. We all use discretion each and every day with all the
decisions we make in our day to day lives. With that being said police also use discretion but theirs have the ability to change people's lives on the
daily basis. They have to make those decisions each and every day not knowing how it will affect the person's life. Discretion is something that is a
very necessary part of police work. One of the reason it is mainly exercised is because of all the vague and ill– defined laws that we have in our
country. Although most instances when police discretion is being used the violations are minor. Another why police discretion is much needed is
because if ... Show more content on Helpwriting.net ...
Police can also use discretion in a very positive manner as well. There was a case in London when a man was shoplifting out of a Kroger and the
police officer got the call but when got there he saw the man was stealing baby formula. It turned out that he was stealing for his six–month–old son,
who was with him at the time. The officer said "Me citing him for court wouldn 't have done any good for him," he said. "He 's already short on
money, can 't afford formula, so me making him appear in court, he 's still not going to have any food for that baby." To me that was an excellent
example of discretion used with restraint and not only did he not arrest the man he actually bought him the formula and informed him about how he
could get help to get things like that. I feel like that would be totally wrong to arrest someone for committing that crime. The officer also said "I
think when [a lot of people] look at us, they see just the uniform and just the car, just the tools that we have on our belt," Roby said. "But behind the
uniform, I 'm a human being and I 'm a person out in this community just like any of them. I have a little boy. I 'm a father just like that gentleman
was." That is the way I feel all officers should think before they do certain actions towards a citizen. Because they do not
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Tennessee V. Garner Case
The Fourth Amendment known as the Search and Seizure amendment was first passed by Congress on September 25, 1789 (Amendment IV SEARCH
AND SEIZURE). When this amendment was first passed by Congress criminal defendants and family members of the defendant did not put much
thought or value into this amendment because it was of little help to them. However, after a Supreme Court case in 1914 called Weeks v. United States,
this amendment began to have more value for criminal defendants and their families (The Fourth Amendment and the "Exclusionary Rule"). For
instance, one Supreme Court case known as Tennessee v. Garnerthat was argue on October 30, 1984 and decided upon on March 27, 1985, (Tennessee
v. Garner) caused a large amount of ... Show more content on Helpwriting.net ...
Garner). Edward Garner then began to climb over the fence (Tennessee v. Garner). Officer Hymon felt that if he allowed Edward Garner to climb
over the fence than he would not be captured. When Edward Garner was climbing the fence to get away from Officer Hymon he was shot by Officer
Hymon (Tennessee v. Garner). The bullet Officer Hymon shot at Edward Garner hit him in the back of the head (Tennessee v. Garner). Edward Garner
was taken to the hospital by an ambulance, where he died on the operating table (Tennessee v. Garner). Even though Edward Garner was unarmed when
Officer Hymon found him at the 6–feet high chain link fence the Officers did find ten dollars and a purse taken from the house on his body
(Tennessee v. Garner). After this night in October 1974, when Edward Garner was shot and killed by Officer Hymon while he was fleeing the scene of
the crime, Officer Hymon felt that he was justified in shooting him to prevent his escape even though he knew that Edward Garner was
unarmed(Tennessee v. Garner). Officer Elton Hymon believed that his action was an acceptable because of a Tennessee statute that states that, if, after a
police officer has given notice of an intent to arrest a criminal suspect, the suspect flees, or forcibly resists, "the officer may use all the necessary
means to effect the arrest" (Tennessee v. Garner). I believe that Officer Elton Hymon did not have to kill Edward Garner just
... Get more on HelpWriting.net ...
Stand Your Ground Law And Black Youth
ABSTRACT
Stand your Ground Law and Black Youth
The controversies surrounding Stand your Ground Laws have recently captured the nation's attention. From the infamous Trayvon Martin case, in
Florida alone, 26 children have been killed in Stand Your Ground cases. Since 2005, eighteen states have passed laws extending the right to
self–defense with no duty to retreat to any place a person has a legal right to be. Despite the implications that these laws may have for public safety,
there has been little empirical investigation of their impact on crime and victimization. In this paper, I will be researching reasons why Stand your
Ground Law was implemented, the impact of this law on crime and victimization against black youth. Focusing on many ... Show more content on
Helpwriting.net ...
He was claimed to have used justifiable use of force though he was told not to follow Trayvon, and he was not suppose to have gun being the
community watchman. Due to the conditions that triggered the shooting this induced major media coverage and the big topic being discussed at the
time was using Stand Your Ground laws which allows individuals to use force, including lethal force, in self defense when there is reasonable belief of
a threat, without having any duty to retreat first. Stand your Ground law states that a person may use deadly force in self–defense without the duty to
retreat when faced with a reasonable perceived threat. When Stand your Ground laws were advocated in Florida and other states, their proponents
marketed them as a reestablishment of a natural right, arguing "the duty to retreat has not always been a part of the common law". The historical
context may be misleading, allowing self–defense only when reasonably necessary, and a duty to retreat when attacked outside one's home. The
National Rifle Association seek to influence the Stand your Ground Law as a away for people to protect themselves. Though opponents who were
against this law worried it would encourage the use of deadly force. For example, a 2004 case James Workman, a seventy–seven year old retiree who
was sleeping in his RV, where an intruder busted into the trailer. James shot the intruder and had to wait months for the verdict. Prosecutors then
decided the shots he
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KRS 090: The Use Of Police Force
The law gives police officers power to use deadly force when they feel physically endangered, but that power doesn't extend to opening fire at
fleeing individuals. When is it necessary or proper for an officer to shoot at a fleeing suspect? This question was posed after a police shooting in
South Carolina. There was video recorded by a bystander that shows a black man being shot in the back and killed as he runs away. According to A
seminal 1985 Supreme Court case, Tennessee vs. Garner, "Thepolice may not shoot at a fleeing person unless the officer reasonably believes that the
individual poses a significant physical danger to the officer or others in the community." So by that precedent it is only justifiable to shoot a fleeing
suspect if they meet that criteria. No two situations are identical neither are any two officers, but law enforcement officers should use only the
amount of force necessary to dissolve the situation in order make the arrest. Force should only be applied to protect officer or others from harm. The
levels of force police use include basic verbal and physical restraint, less–lethal force, and lethal force application of each depends on the situation.
KRS 503.090 is the use of physical force in law enforcement.
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Tennessee Vs Garner Case Study
First and foremost Police officers are instructed during their grooming at the police academy to use deadly force when stopping a fleeing suspect,
however Police Officers are also taught, but when there are no other options. As we have learned from a landmark case Tennessee V. Garner, That the
use of lethal force by law enforcement in the United States is subject to the 1985 Tennessee v. Garner decision. Under "Garner,deadly force may be
permissible if "the suspect threatens the officer with a weapon or there is probable cause to believe that he has charged a criminal offense involving
the infliction or threatened infliction of severe physical injury". Upon watching the video several times it appears to me that suspect Scott was not in ...
Show more content on Helpwriting.net ...
Garner decision, "South Carolina shooting ... Eric Garner". In 1985, the court ruled in Tennessee v. Garner thatpolice could shoot at a violent felon
who was fleeing and posed a significant threat others. "Objectively reasonable" belief that a suspect is a safety threat or is trying to evade arrest, as
Chief Justice William Rehnquist wrote in the court's opinion. This "reasonable" standard has to allow for the reality that police often have to make
rapid decisions "in circumstances that are tense, uncertain, and rapidly evolving," as Rehnquist put
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Example Of A Deadly Officer (General 1985)
officer (General, 1985). Examples include the use of a baton, canines or pepper spray (General, 1985).
Deadly force is the last one (General, 1985). Deadly force is force which in an obvious statement causes death to the suspect, most often with
reasonable means in order to protect and serve the community (General, 1985). Examples would be purposely firing a gun in the direction of another
person or at a vehicle, building or structure that another person is believed to be constitutes deadly force (General, 1985). A threat to cause death or
serious bodily harm, by withdrawing of a weapon, does not constitute deadly force (General, 1985). The use of force is as old as law enforcement
itself, dating back to when they first began. It was
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Deadly Force Research Paper
America was founded under the premise of freedom, hence the "Bill of Rights". However, society is violent, furthermore, society has always been
violent, and always will be. The only answer to violence, is the willingness to respond with violence, additionally, the willingness to execute that
ability. In America, we have Law Enforcement officers, brave men and women who are willing to shed blood, and lay down their lives for society.
This is an enormous amount of responsibility, which we empower our brave men and women, to protect us from violent predators. Therefore, the
justification of deadly force is clear, and precise, furthermore, universally applied across America. In theUnited States,(Ehrett,J). The use of deadly
force by sworn law
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Use of Deadly force by the SAP
CRIMINOLOGY AND CRIMINAL JUSTICE
AZA1282
TABLE OF CONTENT
1. INTRODUCTION........................................................................ 3
2. USE OF DEADLY FORCE............................................................ 3
3. THE CONSTITUTIONAL ERA....................................................... 4
4. OLD SECTION 49 VERSUS NEW SECTION 49................................5
5. PRIVATE DEFENCE....................................................................5
6. PREVENTION OF CRIME.............................................................6
7. FUNDAMENTAL HUMAN RIGHTS.................................................6
8. CONCLUSION...........................................................................7
9. REFERENCES...........................................................................8
INTRODUCTION
The responsibilities of the South African Police Services (SAPS), as taken up in section 205 of the Constitution Act 108 of 1996, includes to battle,
prevent and the execute crimes, ... Show more content on Helpwriting.net ...
The courts gave limits to the application of section 49(2) by giving that the proof lies on the person or accused (arrester) depending on the guardians of
section 49(2), to show that his or her action fell in the that particular section. The state had to show proof the root of the offence committed goes
beyond a sensible uncertainty.
The courts specified that section 49 needed a severer test, and that, that section shouldn't be given a open–minded meaning but rather, it should and
must be interpreted and practiced but with limits against the person that wants to depend on it (Burchell, 1997).
In Section 49, as it used to be, it was used by the law implementation agencies as a free means to kill people. It was often seen as a discriminatory root
most especially to the blacks mostly on the receiving end. The continuation of this so called licence to kill people wasn't a surprising issue, this was
because the criminal justice system back then wasn't liable to the constitutional system that respected the expected human rights, especially the right to
bodily integrity and the right to life.
THE CONSTITUTIONAL ERA
The retaining of section 49 would be quite impossible to put back together with the elimination of death penalties. If the state doesn't have any right to
take a suspect's life in
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Deadly Use Of Force
Moreover, to limit officer's discretion on unjustly use of deadly force, law enforcement agencies need to adopt new practices and techniques when
dealing with the public if deadly use of force is not required. Officers should adopt new practices of using the taser as a means of force. "Tasers [are]
developed to subdue suspects with non–lethal means" (DeLone, Thompson, 2009, p.416). Many law enforcement officers praise the use of tasers as
a tool to "increase the safety of both officer and citizen by decreasing the use of deadly force" (DeLone, Thompson,2009, p.418). Individuals who are
not complying/showing aggression with officers and or have some sort of weapon can be easily subdued and controlled with the taser rather than being
shot at
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Is The Universal Declaration Of Human Rights?
In Tampa, Florida, Ralph Wald walked in on his former neighbor Walter Conley, in bed with his wife. After he fatally shot Conley, who was less than
half his age, Wald claimed he did not recognize him and assumed he was a stranger raping his wife. He was acquitted after two days of testimony and
according to the Tampa Bay Times, Wald's defense team invoked the Stand Your Ground law noting that Wald had 'no duty to retreat' when facing
danger within his own home. Article 12 of the Universal Declaration of Human Rights states: "No one shall be subjected to arbitrary interference with
his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against
such ... Show more content on Helpwriting.net ...
The core of these laws is that individuals should be able to use deadly force when they believe their lives might be in danger, instead of trying to
avoid conflict at all cost. By allowing such logic for the use of lethal force, Stand Your Ground laws are severely flawed, for they increase violence,
targets people with color and allow criminals to get away with murder.
The notorious case of George Zimmerman, a Florida man who shot and killed Trayvon Martin ignited a national debate surrounding The Stand Your
Ground law. On February 26, 2012, Martin was returning from a nearby convenience store when he was shot and killed. Zimmerman claimed he was
being physically attacked by the unarmed teenager, causing him to fire in self–defense. Various people have been led to believe the misconception that
this law had nothing to do with Zimmerman's acquittal for the killing of Trayvon Martin. Police Chief Bill Lee stated that the decision not to arrest
Zimmerman "had nothing to do with Florida 's controversial 'Stand Your Ground ' law" because "from an investigative standpoint, it was purely a
matter of self–defense." The New York Times also believed "Florida's Stand Your Ground Law... has not been
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Tennessee V. Garner Essay
Name:Tennessee v. Garner
Citation:No. 83–1035, 83–1070 (1985)
Facts:On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a "prowler inside call." When the police arrived
at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the
officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across the
backyard. The suspect, Edward Garner stopped at a 6–feet–high fence at the edge of the yard and proceeded to climb the fence as the police officer
called out "police, halt." The police officer figured that if Garner made it over the fence he ... Show more content on Helpwriting.net ...
It dismissed the claims against the defendants as being the mayor and Officer Hymon and the Police Department as being the director for lack of
evidence. Hymon's actions were then concluded to being constitutional by being under the Tennessee statute. The Court of Appeals affirmed with
regard to Hymon, finding that he had acted accordingly to the Tennessee statute. The Court of Appeals then reversed and remanded. It reasoned that the
killing of a fleeing suspect is "seizure" under the Fourth Amendment, and is therefore constitutional only if actions are reasonable. In this case the
actions were found not to be reasonable. Officers cannot use deadly force unless they have probable cause that the suspect poses a serious threat to the
officer or has committed a felony.
Issue:Garner, the suspect's father brought forth that his unarmed son was wrongfully shot by a police officer as his son was fleeing from the burglary
of an unoccupied house. He proposed a wrongful death action under the federal civil rights statute against the police officer who fired the shot, the
police department and others.
Decision:The Court of Appeals reversed and filed a petition for certiorari. The Supreme Court held that: "(1) apprehension by use of deadly force is a
seizure subject to the Fourth Amendment's reasonableness requirement; (2) deadly force may not be used unless it is necessary to prevent the escape
and the officer has probable cause to believe that the suspect poses a
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Deadly Force And Police Brutality
Abstract
This paper discusses about the use of deadly force and police brutality. It considers what the use of deadly force is and the circumstances under which
police officers use it. Importantly, the paper also discourses about police brutality and how the police use it. In addition, the paper also provides a
discussion about the impacts of the use of deadly force and police brutality on individual victims, the community and the state.
Keywords: Crime, brutality, police, deadly, force
Deadly Force and Police Brutality
Deadly force is defined as the potency that is likely to cause either serious bodily injury or death to another person. A deadly force can be used by
either civilians or police officers. It is a physical force, ... Show more content on Helpwriting.net ...
Deadly force and police brutality may potentially result in the deaths of the victims. The use of excessive physical force, especially in the case of
innocent people, may lead to the deaths of innocent people. Psychological impacts also arise from the use of deadly force and police brutality. Victims
of such actions may suffer from severe post–traumatic stress disorders, the consequence of which may include suicidal tendencies, stress, depression,
or substance abuse. In some cases, they result in permanent health complications, which may lead to deaths (Regoli & Hewitt,
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Deadly Force Case Study
Assume a officer faces the subsequent deadly force situation: He responds, together with 2 different officers, to a residence as a results of a 911 call
from the house owner. Dispatch reports the homeowner's son vulnerable her with a table knife, however she was able to shake off the residence.
When all 3 officers arrive, the primary officer meets with the house owner outside the residence. She tells him she suspects her son is abusing cocain
which he's threatening to kill. She says she needs her son transported to a mental–health hospital for AN analysis. She additionally tells the officer she
doesn't grasp if her son continues to be armed which he could currently be within the basement.
To additional assess the case, the officers enter... Show more content on Helpwriting.net ...
The individual was threatening the security of the officer, and it absolutely was constitutionally permissible for the officer to use deadly force. although
one amongst the officers equipped with a Taser and/or chemical weapon were standing on the steps instead, the knife–wielding man's fast approach
would gift a threat sufficient to justify his use of deadly force while not initial exhausting all force choices. Officers could avail themselves of all the
tools at their disposal, however aren't needed to try to to thus as a matter of
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Police Use Of Deadly Force
Introduction Police use of deadly force in the United States has been growing at a rapid pace due to several incidents that have taken place over the
last few years. The biggest question today remains why has this been such a relevant topic across the U.S. lately? The use of deadly force is
specifically important because it directly affects the publics' attitudes and behaviors towards the police and government. Some will blame police
policies, some will blame abuse of power, and some even claim the use of deadly force is necessary to in order to properly defend themselves. The use
of deadly force continues to increase due to lack of what the true definition of "use of force" and what actually means. This lack of definition creates
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Reducing Police Shootings: A Look at Albuquerque Police...
Are the police warranted in self–defense or are the police using excessive force and how does this ratio of shootings in Albuquerque compare to other
cities in similar size and population? The fallout shows the sides of two groups of people who believe they are in the right. The activists against police
involved shootings believe that the officers of Albuquerque react to situations with deadly force too often and necessitate changes. The supporters of
the police force believe that the shootings are higher in Albuquerque because suspects in the area give police more reason to use deadly force,
however, APD agreed to ratify its amended policies to satisfy the public. Albuquerque has the highest ratio of population to police involved... Show
more content on Helpwriting.net ...
When the shootings were questioned as "...civil rights violations..." the investigation known as the "DOJ Resolution" was put into motion (Mckay and
Proctor A1). Supporters that are against the shootings voice their own ways of fixing this problem. One supporter suggests that APD should change
their use of deadly ballistics and commit to the use of "bean bag" guns because they are less than lethal and that they have great stopping power.
Another supporter thinks all APD officers should be trained in "CIT" (crisis intervention training), which would support a passive and non–deadly
approach to de–escalating a problem before it gets out of hand (Heinz C2). I personally think these suggestions may be the best way to come to a
mutual agreement between those against police shootings and the police department.
The Albuquerque police department explains that the recent increases of officer involved shootings are due to the increase of police assaults (Galvan
A1). Police Chief Ray Schultz said another common factor that the recent shootings had in common is that "The propensity for the person involved to
have some type of mental health history or issue" (qtd. in Tomlin par. 21). In no way do the Albuquerque police think that shooting people is the right
thing to do, rather, sometimes necessary when you believe your own life and the lives of others are in danger.
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The Use Of Deadly Force By Police Officers
The Use of Deadly Force by Police Officers in the Field: Understanding the Complexities and Issues Surrounding Deadly Force
Jessica Woodward
Columbia College
MSCJ 501
Current Issues and Future Directions in Criminal Justice
Abstract
In light of the recent spate of police–involved homicides of suspects who may or may not have put the lives of the police involved in fear for their
safety and well–being, this paper seeks to examine the use of deadly force by police officers in the line of duty. The training involved in using one's
service weapon in situations that call for a determination of the use of force will be explored, as will the rules, regulations, and extenuating
circumstances that lead to the firing of a service weapon in the line of duty, resulting in the death of a suspect. The Supreme Court cases that have led
to and/or upheld laws allowing a broader interpretation of what is considered justifiable use of deadly force will be briefly examined. Additionally, the
use of non–lethal weapons, such as Tasers, by police forces and how the availability of these weapons influences the rate of deadly force will be
inspected. Finally, an elucidation of the various perceptions of the general public of the police after use of deadly force is used within their
communities will be addressed.
The Use of Deadly Force by Police Officers in the Field: Understanding the Complexities and Issues Surrounding Deadly Force
In a moment, as a country, we
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Police Shootings And Its Effects On The United States
Research Paper
Throughout the last two years there have been many police involved shootings where they have killed someone. Some say the cops where right and
others say they were wrong in the situation. Are the police right in using deadly force instead of trying a different situation? When is it ok forpolice to
use deadly force and are they right in doing so? In the past two years there have been multiple police shootings, which have been the main topic with
police. Some have said that race has played a huge role in the recent shootings and blame racism on the deaths by the officers. In the recent cases it
has been a white officer who has killed a black person. Who has the say in the case if the police made the right decision if ... Show more content on
Helpwriting.net ...
Forensics later came out to support officers Wilsons statement that Brown had in fact charged at the officer and attempted to take Wilsons gun. It also
proved that Brown did not have his hands up like the media had initially stated, which caused mass frenzy and a huge protest that led to chants of
"hands up don't shoot" and "black lives matter" (Hitchcock). Now people start to look at other facts how he didn't have a weapon on him at the time of
the shooting and say that they didn't have to shoot and kill him. You do not need a gun or knife to be a danger to another person; you always have two
weapons, which are your hands. Police shoot to kill they do not shoot to disarm (Miller) because you can still be a threat. It doesn't mean that you
still cannot kill someone who is a lot smaller than you without having a gun. Black lives matter has become a major group protesting all over major
cities in the United States at the hands of Rev Al Sharpton. They have started many protest and campaigns to try and change laws in which police are
aloud to use deadly force when trying to arrest a suspect.
After all this was just starting to settle down another police involved killing happened in New York to an Eric Garner. This time the police did not
shoot him; he died from heart related problems which people blame the police for his death after being placed in a chokehold until they could subdue
him. In
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Reasonableness Of Deadly Force Seizures

  • 1. The Reasonableness Of A Deadly Force Seizure In 1985 the U.S. Supreme Court ruling in Tennessee v. Garner severely restricted the circumstances under which law enforcement officers may use deadly force to arrest a suspect. In assessing the reasonableness of a deadly force seizure per the fourth amendment, the Court ruled that the need for a police intrusion had to be weighed against its risks, and determined that common law any–fleeing–felon statutes were unconstitutional. In a narrative give the facts, issues, and court holdings. (ncjrs.gov,2015) Facts On the night of October 3, 1974 at 10:45pm Memphis police officer was dispatched to answer a burglary call. The call was from next door, and the police officers that answered the call was Leslie Wright and Elton Hymon. Officer Hymon went behind the house as the other officer radioed back to the station. The officer witness someone running across the yard. Edward Garner was the fleeing suspect. Garner stopped at the fence. Hymon used a flashlight, and he saw Hymon face, and hands. Hymon was sure that Garner was unarmed.The police testified that Garner was 17 or 18, but he was only in fact 15. Garner begin to climb the fence even though police had told him to stop. Hymon shot Garner because he believed Garner would flee if he did not. Garner was shot in the back and he died. The only thing he took was ten dollars and a purse, I think he would have took more if he had time to find more. Deadly force against a fleeing suspect is authorized under Tennessee State Statute ... Get more on HelpWriting.net ...
  • 2. How Are Police Justified In Using Deadly Force Have you ever thought about when police are justified in using force? Almost everyday there are headlines about police using deadly force. Police are justified when to use this kind of force. But, the question is, "When are police justified in using deadly force. Justification for use of police force. Police use of force. The use of force by law enforcement becomes necessary and is permitted by law under specific circumstances. The International Association of Chiefs of Police has described the use of force as the "amount of effort required by police to compel compliance by an unwilling subject." No two situations are the same, nor are any two officers. In a potentially threatening situation, an officer will quickly tailor a response and ... Show more content on Helpwriting.net ... Deadly force occurs in less than 1% of the millions of encounters police have with people each year. In Tennessee v. Garner in 1985, the U.S. Supreme Court ruled that an officer CANNOT use deadly against a fleeing suspect UNLESS the suspect is a significant threat to the officer or to others. Four years later, the Supreme Court ruled in Graham v. Connor that officers who use force, must be judged on the totality of circumstances and a standard of "objective reasonableness." Force "must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight," the court said. Dethorne Graham was a diabetic who asked a friend to drop him off at a store to get some orange juice during one of his blood–sugar episodes. Graham saw the long line and decided to leave the juice behind and left. When an officer saw Graham leave, the officer became suspicious and pulled him over to investigate. Other officers came and handcuffed Graham, ignoring his pleas that he was having a diabetic reaction. During the encounter, Graham suffered multiple injuries. Graham sued, claiming the police used excessive force, but the court decided against him, claiming Graham's erratic actions justified the officer's initial ... Get more on HelpWriting.net ...
  • 3. Is Homicide Ever Justified Essay Is homicide ever justified? Ordinarily no, but in certain circumstances committing a homicide can be excused due to insanity or be justified because the situation called for self–defense or the defense of others. As with many aspects of the law, there can be ambiguity present about whether or not a crime meets the criteria of an excuse or justification, as we have seen in the State v. Norman 378 S.E.2d 8 (1989) case. At issue in the case is whether the danger that the defendant, Judy Ann Laws Norman, felt was imminent in order to justify the homicide she committed when she shot her husband. I believe Norman's actions were justified when she shot her husband given the extensive instances of domestic abuse that her husband inflicted on her over the course of the last... Show more content on Helpwriting.net ... Does the store clerk go to prison for manslaughter? Let's break this situation down into its smaller parts to better understand why this hypothetical situation is clear–cut self–defense. The threat was imminent and present as soon as the perpetrator threatened the clerk and the threat continued to exist throughout the entire situation until the perpetrator was killed. The perception of the threat was reasonable since any reasonable person would feel in danger if someone brandished a gun at them. Finally, the store clerk was entitled to use deadly force to defend himself since the perpetrator was using deadly force as leverage in the situation. In conclusion, the situation contains all of the elements of self–defense and the store clerk cannot face legal repercussions for the death of the perpetrator. In my analysis of the homicide that took place in the State v. Norman 378 S.E.2d 8 (1989) case, I find that the situation that occurred is analogous to the store clerk versus the ... Get more on HelpWriting.net ...
  • 4. Deadly Excessive Force Deadly excessive force used by police that has led to death is not some new hot topic on some television show; it is an issue within the Black communities that has spread rampantly. Civilians don't have the trust that they should in law enforcement due to their belief that a police officer may shoot and kill them during contact. Excessive force in the form of shooting continues to be a nationwide problem that has spiraled out of control having a domino effect across the entire country. Reform measures include transparency in reporting practices as there is a lack of necessary transparent data that provides consistent data proving the prevalence of police related killings in our society. This leaves room for commentators and legislators to ... Get more on HelpWriting.net ...
  • 5. Persuasive Essay On Self Defense Self Defense is widely known as a universal principle that allows a person to protect themselves under appropriate circumstances; Yet "appropriate circumstances" goes far beyond its counterparts. In many cases, victims are accused instead of the violator, even though they intended to rob and/or murder. Even though many walk away without punishment there are a ton of cases that should not be overlooked. It sounds as if the definition is plain and simple, but what is the level of force that goes beyond the sufficient level allowed? Most people tend to think that Self–Defense should be the last resort and should never reach the level of murder, but it should be redefined as a mechanism acceptable when the victim's life is threatened for a reasonable cause, because many are charged for murder even though the attack was protection from harm. By reinforcing the government's definition of self–defense, citizens would have an easier time differentiating between a reasonable cause or deadly violence. A reporter from CBS news speaks of 16–year–old Mindy, charged of murder, "Her defense hinged on the claim that the physical and emotional abuse she says she suffered at the hands of her father left her in such terror of him that one look from him that night sent her over the edge". In this case, A daughter of an abusive father was pushed past her limits and ended all of her physical and mental pain by killing her father to protect herself. This brings up the subject of imperfect ... Get more on HelpWriting.net ...
  • 6. Use Of Deadly Force Essay There has been two shooting of deadly force as I know of in our local department. I live in the city of Humboldt tn.There has been two incident after 2008. A person would not think it would have happen in such a small town, but it has been (Police officers charged in fatal shootings while on duty, 2016). I have knew both of the guys that has been shot by deadly force.I went to highschool with one of them. The people of our city even did a peaceful march for him. The march was lead by his mom, and the rest of his family (Police officers charged in fatal shootings while on duty, 2016). They even had a Billboard up for a while saying what happened. The victim I am talking about is Roy Glenn JR. who was shot and killed at age 29 by Officer Paul Robert Carrier.Jr. Roy Glenn Jr. who was unarmed in 2009 was shot by Officer Carrier, after Officer Carrier... Show more content on Helpwriting.net ... The felony is reckless homicide. I do not know why the officer only served six months for a two year sentence (Police officers charged in fatal shootings while on duty, 2016). The U.S. Supreme Court has set forth some important legal guidelines both for the use of deadly force itself, and for the inquiries which must be conducted before such use results in civil liability in a federal civil rights claim(AELE Monthly Law Journal, 2007). When constitutional rights and departmental policy have been violated this can be the cause of civil liability claim (AELE Monthly Law Journal, 2007). AELE Monthly Law Journal. (2007, November). Civil Liability for Use of Deadly Force. Retrieved September, 2016, from http://www.aele.org/law /2007LRNOV/2007–11MLJ101.pdf Police officers charged in fatal shootings while on duty: 54 cases in the past decade. (n.d.). Retrieved September 07, 2016, from ... Get more on HelpWriting.net ...
  • 7. Lieutenant Baxter Case Study The officer's actions were justified in this case because Lieutenant Baxter reasonably believed that force was necessary to defend himself from the young man. According to one section of the Penal Code, a deadly physical force is justified when the officer reasonably believes that a person has committed a felony and that, in attempting to escape from the custody or in resisting arrest, the felon is armed with a deadly weapon. When the young man stole Mr. Marcel Potts' car, he is guilty of theft. Therefore, he has committed a felony. Additionally, as stated by the officer, the guy had tried to climb the brick wall. This proves the element of attempting to escape from the custody. Finally, the young man did have a possession of a knife, a deadly ... Get more on HelpWriting.net ...
  • 8. Criminal Law Essay Illinois revised statutes state that, "a person is justified in the use of deadly force when that person reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself." (Ill.Rev.Stat. 1977, ch. 38, par. 7–1). When a court looks to define whether a defendant was reasonably justified in his use of deadly force they look at four factors: (1) Significant physical disparity in size between the defendant and the decedent(s) (2) the defendant avidly attempts to avoid confrontation (3) The defendant feels threaten by the decedent(s) (4) the decedent(s) continued pursuit of the defendants after a had been fired. The People of the State of Illinois v. S.M., a minor, 416 N.E.2d 1212, 1212(Ill.App. Ct ... Show more content on Helpwriting.net ... In People v S.M. the defendant is seen actively trying to avoid confrontation and thus giving the court evidence that he felt his life was truly in danger. The court stated "that his fears were well founded is borne out by the appearance and conduct of Gale's four companions and by the fact that the boys were in way discouraged by the respondent's gun. The respondent made repeated efforts to flee. At no time did he stand his ground or advance toward the other boys." Likewise, in People v Shipp the defendant is seen trying to stop the decedent by using words. "Please don't come any closer. The decedent continued to advance and the defendant began backing up". It is only when he gets within proximity does the defendant deem it necessary to act. The court found that the defendant acted in a way that was justified in the use of deadly force to protect herself from imminent harm. In contrast in People v Moore, the defendant did not avoid confrontation, just before the defendants use of deadly force he is told to go back home by his neighbor. He instead makes the decision to return with the weapon and use it if necessary. "" This leads the court to believe he didn't act in a way to avoid confrontation. The third factor that the court uses to justify the reasonable use of deadly force is that the defendant feels threaten by the decedent(s). In People ... Get more on HelpWriting.net ...
  • 9. Coercion And Force Essay In this week's module, I learned and will be explaining the elements comprising the working police personality, I will also identify and explain the variables involved in the use of coercion and force, including deadly force. Finally, I will explain the ethical variables involved in police practices, as well as the factors involved in the use of discretion. The fundamentals of negotiating the working police personality. "Police officers' treatment of others is influenced by how officers themselves are treated. Any credible conversation about respect for human rights and ethical conduct needs to begin inside a police department with candid discussion and a commitment to fair treatment of employees" (O'Donnell, Fostering Ethical and Humane ... Show more content on Helpwriting.net ... Deadly force is a force that a person uses causing, or that a person knows or should know would create a substantial risk of causing, death or seriously bodily harm or injury." Perhaps the most important kind of discretion that police must exercise relates to the use of force. Although police officers are legally empowered to use force in certain situations, they may use only the level of force necessary to meet a lawful police objective" (Walker, Mediating Citizen Complaints). "The enormous public attention to allegations of excessive force has deflected attention from the most common forms of police behavior that lead to citizen complaints. Rudeness, discourtesy, or a failure to provide adequate service make up the majority of complaints in every jurisdiction" (Walker, Mediating Citizen Complaints). The excessive use of force leads to deadly force. In my opinion, I think that if people would just cooperate with police officers instead of resisting arrest or etc. there wouldn't be such use of excessive force or even deadly force. "In 2010, we saw a large increase in the number of deadly force encounters our officers were involved in. Historically, the city has had about six officer involved shootings per year. We had 14 in 2010, and the majority of those were fatal." (Police Executive Research Forum, An Integrated Approach). Chief Ray Schultz from Albuquerque on the deadly force encounters in the ... Get more on HelpWriting.net ...
  • 10. Deadly Force Misconceptions On common misconception that many in the public have is that deadly force always means excessive force (Miller, 2015). In reality, "necessary force is the amount of force required to control a given situation so as to preserve the life and maintain the safety of police officers or vulnerable citizens at the scene–excessive force is any use of force beyond that required for safety and control" (Miller, 2015, par. 2). Is this misconception, lawyers searching out family members, valid reasons, or something else why so many lawsuits are being filed after police deadly force encounters. No one will probably ever know the true reason. I will give two examples of deadly force from the Knoxville Police Department, my agency for the last 19 years, and show that there is no known why so many are filed. When I was a Patrol Sergeant in October of 2006, my officers were in a vehicle pursuit of a carjacking suspect, who had pistol whipped the victim. By policy, we only had two cars involved in the pursuit. About halfway into the pursuit, the suspect swerved and struck an ... Show more content on Helpwriting.net ... Based on the circumstances in today's world, which officer would one guess was sued? Most would pick wrong as I had built such a good relationship with the African–American community that they knew I had done no wrong. The suspect's son in the second incident filed suit against the city and officer even though he had not contact with his father for over 17 years. It looks like a lawyer hunted this relative down to make some money. Hopefully this will not happen again as last year the United States Supreme Court gave broader immunity to police in deadly force issues (Savage, 2015). Police officers cannot let the fear of being sued keep them from doing their jobs. If they do, they may lose their lives like some have ... Get more on HelpWriting.net ...
  • 11. Deadly Force As the Court said in the case of Tennessee v. Garner, police use of deadly force to apprehend a fleeing felon from the scene of a residential burglary does not exceed the constitutional limits (Brody & Acker, 2010). I believe that limiting the power of the police to use deadly force makes the officers job more difficult. Limiting the power makes the officers job more dangerous from the point of the suspect knowing the officer is unable to respond correctly to a situation. If an officer is unable to use the force necessary for certain situations, it not only endangers the officer's life but the lives of citizens around them. The officer's ability to assist the public may also be limited. Why would the public want to call the police who will be unable to use deadly force to assist them? Most law–abiding citizens in my area have a weapon in their home and if the officer is limited as to the use of deadly force, the law–abiding citizen will then take matters in their own hands. The other possibility is that crime rate will drastically rise. Criminals will not be fearful of ... Show more content on Helpwriting.net ... In 2015, the Washington Post reported 987 fatal shootings by on–duty officers in their database (Lowery, 2016). These high numbers along with the role of media, have caused officers to be scrutinized more than ever. Many of the largest police departments were asked to implement new training and implement new policies that would decrease the number of fatal shootings (Lowery, 2016). The reform goals were to decrease the number of shootings that were not a crime, but sparked an outrage in communities (Lowery, 2016). If you look at these goals of reform, it does make sense to try to find ways to decrease deadly shootings that are not necessary. It just does not make sense to me to limit officers so much that they are not effective in stopping crime and we are ultimately ruled by ... Get more on HelpWriting.net ...
  • 12. Police Shootings And Police Brutality The topic that has my interest would be police shooting and how much it has gotten worse over the years. Thiers a lot of questions asked when it comes to police shootings/police brutality. The first thing that the media always brings up is did the person deserve to be shot or was the person shooting at the police, in which case two valid questions but the fact the cops shoot to kill it appears in many police shooting they will usually shoot at the body of the person, they aren't likely to shoot at your legs or a place that won't automatically cause death. The reason this is a concern is because I believe the African American community is targeted more than any other ethnic group in America, they are more searched than any other ethnic group it causes fear with the community and this also makes the police job harder, because now they will be more trigger happy to shoot someone in a slight move they make. A big media case from last year was shown an African American man helping his patience that left his care, while this was going on the man was laying down with his hands up telling the cops I am just trying to help my patience within 2 minutes the policeman shoots at the unarmed man injuring him, but lucky the man survived. The strange part of this shooting was that the police was 20 foot from the man that they shot, which also makes you wonder how is it possible that a man can have his arm raised clearly a video of the incident showing the man with his hands up still was ... Get more on HelpWriting.net ...
  • 13. What Is The Difference Between Deadly Force And Force? Minnesota Duluth Police Department: DPD has two terms defined in this section which are deadly force and force. They define deadly force as a force which is reasonable applied to cause a high chance of death or bodily harm. They define force as the use of physical techniques or other strategies such as chemical agents or weapon of another person. Minneapolis Police Department: MPD actually referenced the Minnesota Statute 609.066 which states deadly force is a force which the person using it reasonably knows it will cause death or great bodily harm. Nevertheless, they also added that the willingness to shoot a firearm by a peace officer to another person, or a vehicle in which another person is thought to be in, is also known as deadly force. ... Get more on HelpWriting.net ...
  • 14. Stand Your Ground Laws Are Relevant For American Society... 'Stand Your Ground' laws have been at the center of escalating deliberation, mainly after the law was applied in a number of exceedingly–broadcasted events (Auerbach, 2015, p.1). Stand Your Ground law is a term for a "type of self–protection in which an individual is legally allowed to defend his or herself against a threat or perceived threat against their life; law requires that individual be in a place he or she is lawfully allowed to be (Long, N.D.)." The debate concentrated on whether Stand Your Ground laws justifiably serve to protect the public. The laws are relevant to American society's perception on self–defense. On February 26, 2012, one of the cases that made a disturbance in many communities occurred. George Zimmerman, a neighborhood watchman in Sandford, Florida called police to report a suspicious individual in the area. According to a Feb. 7, 2016 CNN report, while Zimmerman is on the phone with a dispatcher, the dispatcher "asked him if he was following the teen. When Zimmerman replied that he was, the dispatcher said, 'We don 't need you to do that.' Zimmerman was instructed not to get out of his SUV or approach the person", but Zimmerman disregarded the instructions given to him by the police dispatcher (CNN, para.4). Zimmerman's neighborhood watch organization was not registered with the National Neighborhood Watch program, but was set up with the assistance of the Stanford Police Department. Donald O ... Get more on HelpWriting.net ...
  • 15. Deadly Force: A Case Study The Use of Deadly Force The shooting of 19 year–old Zachary Hammond took place on July 26, 2015 in Seneca, South Carolina. At around 8:20 p.m. on that day Hammond and his date Tori Morton drove in a 2001 Honda civic to Hardee's restaurant parking lot, after an undercover officer arranged to buy drugs from her. Lieutenant Mark Tiller was sent as backup for the undercover officer. As Tiller arrived to the parking lot he parked his vehicle behind Hammond's car in order to block Hammond's escape. Tiller then approached the vehicle by demanding him to put his hands up, which Hammond ignored and began to drive away from the scene. After, Tiller attempted to stop the driver by stepping towards the path of the fleeing vehicle exclaiming "stop, I will blow your f**cking head off", yet Hammond still accelerated and remained clear of the officer. Tiller then reacted by firing two rounds from his .45 caliber handgun through the open... Show more content on Helpwriting.net ... Due to state laws, police officers are legally authorized to use deadly force under certain circumstances which may include, persons fleeing from the police, assaulting someone, or attempting to use lethal force against another person (including a police officer). Therefore, I picked this case not only because there has been many investigations and questions involving police discretion but because this investigation strongly questions if the force used by Lieutenant Tiller was reasonable enough. Primarily, Tiller confidently gave a reason to everyone why he shot Hammond, which was because he felt his life was in danger because he thought the driver was going to run him over. According to the textbook, "Officers may use deadly force when they reasonably believe that the action is necessary in defense of human life, including the officer's own life, or defense of any person in immediate danger of serious bodily injury" (Lyman ... Get more on HelpWriting.net ...
  • 16. Tennessee v. Garner 1985 Essay Name: Tennessee v. Garner Citation: No. 83–1035, 83–1070 (1985) Facts: On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a "prowler inside call." When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across the backyard. The suspect, Edward Garner stopped at a 6–feet–high fence at the edge of the yard and proceeded to climb the fence as the police officer called out "police, halt." The police officer figured that if Garner made it over ... Show more content on Helpwriting.net ... Procedure: Garner's father brought the action the police officer took in the Federal District Court for the Western District of Tennessee, looking for violations that were made of Garner's constitutional rights. The complaint was alleged that the shooting of Garner violated the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments of the United States Constitution. After a three day trial, the District Court entered judgement for all defendants. It dismissed the claims against the defendants as being the mayor and Officer Hymon and the Police Department as being the director for lack of evidence. Hymon's actions were then concluded to being constitutional by being under the Tennessee statute. The Court of Appeals affirmed with regard to Hymon, finding that he had acted accordingly to the Tennessee statute. The Court of Appeals then reversed and remanded. It reasoned that the killing of a fleeing suspect is "seizure" under the Fourth Amendment, and is therefore constitutional only if actions are reasonable. In this case the actions were found not to be reasonable. Officers cannot use deadly force unless they have probable cause that the suspect poses a serious threat to the officer or has committed a felony. Issue: Garner, the suspect's father brought forth that his unarmed son was wrongfully shot by a police officer as his son was fleeing from the burglary of an unoccupied house. He proposed a ... Get more on HelpWriting.net ...
  • 17. Is the Use of Deadly Force Justifiable? Is the use of deadly force justifiable? There is much controversy regarding police work and the use of deadly force, as there are great deals of individuals who feel that officers need to be limited and that this would have a positive effect on the rate of divisive police killings. Police authority to use both psychological and physical force in situations where criminals need to be apprehended is perfectly normal. Furthermore, officers have the right to use deadly force in conditions when individuals targeted pose a direct threat to people around them. Even though the masses have trouble understanding why and when it is justifiable for a police officer to use deadly force, people need to look at things from the perspective of someone who is present in conditions of extreme necessity and has no solution other than to kill a person or a group in order to save him or herself or others. The use of deadly force in extreme situations goes back several hundred years when it was first admitted as a right during the early nineteenth century as sheriffs realized that they needed to kill certain threatening individuals in order to protect others. Thousands of police officers were killed during the recent decades and this raises an alarm regarding the authority to use deadly force. Individuals criticizing this right have to acknowledge that police officers fight with the purpose of preserving a peaceful world and are constantly exposed to criminals who are unhesitant about ... Get more on HelpWriting.net ...
  • 18. The Amendment Of The United States Constitution use of force is always a heavily debated topic for law enforcement. Every action an officer takes during an altercation when use of force is present, will be reviewed by chief's, lieutenant's captain's etc. With the recent rise in officer involved shootings, the demand for less lethal force measures has begun to rise. The eighth amendment of the United States Constitution was made for protection against cruel and unusual punishment; if an officer uses lethal force in an altercation they have deprived that person of their rights. Also the fourteenth amendment gives us the right to due process; lethal force deprives us of that right. There is a saying that has come to light recently that law enforcement officers are the judge the jury and the executioner. Officers have become heavily criticized for using lethal force in altercations that less lethal could have possibly been used. With officer involved shooting on the rise society wants us to re–examine other alternatives. There will be times that an officer must use their duty weapon, but many of the recent shootings could have been avoided with the use of less lethal tools. Lethal force often affects the department's image negatively and brings un–wanted media attention; it can be hard to rebuild the trust with the community. When officers deploy less lethal tactics it is often overlooked by any media attention and any civil issues. In an effort to help department's combat un–wanted lethal encounters, this research will ... Get more on HelpWriting.net ...
  • 19. The Death Of Tennessee V Garner Sidney Hildebrandt Tennessee V Garner On the night of October 3rd, 1974 at approximately 10:45 p.m. Edward Garner was shot by Officer Hymon in an attempt to stop him from escaping a crime scene. Garner died on the operating table due to the gunshot wound on the back of his head. His crime was burglary and he was found with a mere ten dollars and a purse. The case was argued on October 30th, 1984 and a decision was made on March 27th, 1985. The father of Edward Garner believed his son's constitutional rights were violated by the defendants Officer Hymon, the Police Department, and the Mayor of the city of Memphis. With a 6–3 decision, the Justices' decided that Officer Hymon was acting justly under the fourth amendment that states that deadly force is constitutional as long as it is "reasonable". I believe Officer Hymon was acting in good faith and simply fulfilling his duty to protect the public and stop criminals from escaping punishment. Edward Eugene Garner life ended in his eighth grade year at the young age of 15.He stood at five feet four inches tall and weighed around one hundred pounds.1 The father of Edward, Cleamtee Garner, brought the case into action by claiming that his son's fourth, fifth, sixth, eighth and fourteenth amendments were violated.2 Officer Elton Hymon, along with Leslie Wright received a "prowler inside call". Once on the scene, the two officers were informed that someone was breaking into the house next door.Officer Hymon went to investigate ... Get more on HelpWriting.net ...
  • 20. Tennessee Vs Garner Essay Tennessee v. Garner At approximately 2200 hours on October 3, 1974, the Memphis police received a "prowler inside call", to which they dispatched officers Hymon and Wright. Upon arrival at the scene, a woman directed them to a neighboring house from her porch and informed the officers that she had heard glass breaking and that someone (or possibly multiple someones) was breaking into the house next door. Hymon proceeded to circle around behind the house, while Wright radioed dispatch to inform them they were on the scene. Officer Hymon then heard a door slam and someone running across the backyard. Officer Hymon was able to see Garner's hands and was reasonably certain that Garner was unarmed, however, he was not certain. The escaping suspect, ... Show more content on Helpwriting.net ... 1983 for violations of Garner's constitutional rights. He stated that the shooting violated the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments. (http://caselaw.findlaw.com/us–supreme–court/471/1.html) He was not particular when it came to the blame for this action, holding the Police Department, it's Director, Officer Hymon, and the Mayor of Memphis city accountable. After a three–day bench trial, the District Court dismissed the charges against The Mayor and the city of Memphis due to a lack of sufficient evidence. Officer Hymon's charges were dismissed the charges on the grounds that his actions were constitutional and were sanctioned by the Tennessee statute. The main question this case posed was: Does a statute authorizing use of deadly force to prevent the escape of any fleeing suspected felon violate the Fourth Amendment? Eventually, they decided it wasn't, though this decision was not unanimous, representing a 6–3 split in the Supreme Court Justices. The three justices who were not in agreement were following the statement made by Justice Sandra Day O'Connor that "the majority went too far in invalidating long–standing common law and police practices contrary to the holding." ... Get more on HelpWriting.net ...
  • 21. Should Police Use Lethal Force Essay There are many reason police officers should be allowed to use lethal force. Police should still be allowed the option of the use of lethal force. Police officers should be allowed to use lethal force because of how their mind set and training has changed, the way police guidelines affect use of lethal force, and the effect psychologically the use of deadly force has on police. The mind set and training has changed on the use of lethal force. He went to a warrior mind set seminar put on for police he said, "For nearly two decades, he has taught tens of thousands of police officers, sheriff's deputies, and federal agents in every state to cultivate what he calls a "warrior mindset"––being mentally prepared to kill at any moment"(Featherstone). This tells ... Show more content on Helpwriting.net ... Featherstone states his father, "But by the time he retired, in 1998, he had witnessed firsthand the seismic shift in policing that gave rise to the warrior cop" (Featherstone). It helps top understand this is just a recent change but a long coming change to the mind set of police officers because, they had already started to develop this mind set back in the late nineties. His father also said, "You were just an ordinary person that happened to be a cop" (Featherstone). Police officers used to think like this because, they were not trained to think like warriors in that time, but the need arose with all the police getting shootings to train them to not be afraid to use justified lethal force when necessary. Police officer shootings most likely to be justified: "Between 2004 and 2011, according to an analysis by The Wall Street Journal, officers were cleared of wrongdoing in more than 99 percent of fatal shootings" (Featherstone). When cops adhere to their training 99 percent of the time as shown by the wall street journal the shooting are ruled to be justified by the officer. The American journal of public health said, "Firearm legislation may affect not only criminal homicide and suicide rates but also ... Get more on HelpWriting.net ...
  • 22. Should Police Use Deadly Force Research Paper Should police be able to use deadly force? Deadly force is used by an officer, to defend themselves from life threatening assault against other people. Police must protect themselves and others as a citizen they serve. It may not happen as much as we think, but in certain incidents, there are times it is used (Williams, 1999). My opinion about deadly force is there is a right time to use it and a wrong way. The right way to me is whenpolice enter a situation in gunfire being exchanged between an officer and a person the officer is then at risk of losing his life and to protect anyone around and the officer, then deadly force must then take place. Basically, as soon a person was to open fire on an officer I believe the officer would then have... Show more content on Helpwriting.net ... However, if he is not tied in with others, still may go and commit dangerous crimes and put everyone at danger. When using deadly force, we save an officers life and stopped a criminal from hurting others (Williams, 1996). My opinion in using deadly force the wrong way is when an officer is chasing someone and they shoot them point blank. I do not agree with that as the person is running to get away from the problem, as there are other things that could be done such as tazered the person to get them to fall down a resist. I just feel you must know how to act accordingly with each different situation to protect yourself and the other around, because when you go to court to convict the defendant to charge them you must have done the right thing and evidence of it to back it up. The police deal with people every day, who seem to kill. When officers are forced to use deadly force, they become scared. The police avoid deadly force at all cost. When they do fire they first shoot into the air, missing the target on purpose. This happens so the person will hopefully become scared and will put the weapon down (Williams, 1999). Police must be quick and alert when dealing with a deadly force situation. The police must do and choose the right choices when dealing with a situation, because if they do anything unethical can receive jail time or even get ... Get more on HelpWriting.net ...
  • 23. Disadvantages Of Police Discretion Assignment 2 Discretion can be defined as the availability of choice of options or actions. We all use discretion each and every day with all the decisions we make in our day to day lives. With that being said police also use discretion but theirs have the ability to change people's lives on the daily basis. They have to make those decisions each and every day not knowing how it will affect the person's life. Discretion is something that is a very necessary part of police work. One of the reason it is mainly exercised is because of all the vague and ill– defined laws that we have in our country. Although most instances when police discretion is being used the violations are minor. Another why police discretion is much needed is because if ... Show more content on Helpwriting.net ... Police can also use discretion in a very positive manner as well. There was a case in London when a man was shoplifting out of a Kroger and the police officer got the call but when got there he saw the man was stealing baby formula. It turned out that he was stealing for his six–month–old son, who was with him at the time. The officer said "Me citing him for court wouldn 't have done any good for him," he said. "He 's already short on money, can 't afford formula, so me making him appear in court, he 's still not going to have any food for that baby." To me that was an excellent example of discretion used with restraint and not only did he not arrest the man he actually bought him the formula and informed him about how he could get help to get things like that. I feel like that would be totally wrong to arrest someone for committing that crime. The officer also said "I think when [a lot of people] look at us, they see just the uniform and just the car, just the tools that we have on our belt," Roby said. "But behind the uniform, I 'm a human being and I 'm a person out in this community just like any of them. I have a little boy. I 'm a father just like that gentleman was." That is the way I feel all officers should think before they do certain actions towards a citizen. Because they do not ... Get more on HelpWriting.net ...
  • 24. Tennessee V. Garner Case The Fourth Amendment known as the Search and Seizure amendment was first passed by Congress on September 25, 1789 (Amendment IV SEARCH AND SEIZURE). When this amendment was first passed by Congress criminal defendants and family members of the defendant did not put much thought or value into this amendment because it was of little help to them. However, after a Supreme Court case in 1914 called Weeks v. United States, this amendment began to have more value for criminal defendants and their families (The Fourth Amendment and the "Exclusionary Rule"). For instance, one Supreme Court case known as Tennessee v. Garnerthat was argue on October 30, 1984 and decided upon on March 27, 1985, (Tennessee v. Garner) caused a large amount of ... Show more content on Helpwriting.net ... Garner). Edward Garner then began to climb over the fence (Tennessee v. Garner). Officer Hymon felt that if he allowed Edward Garner to climb over the fence than he would not be captured. When Edward Garner was climbing the fence to get away from Officer Hymon he was shot by Officer Hymon (Tennessee v. Garner). The bullet Officer Hymon shot at Edward Garner hit him in the back of the head (Tennessee v. Garner). Edward Garner was taken to the hospital by an ambulance, where he died on the operating table (Tennessee v. Garner). Even though Edward Garner was unarmed when Officer Hymon found him at the 6–feet high chain link fence the Officers did find ten dollars and a purse taken from the house on his body (Tennessee v. Garner). After this night in October 1974, when Edward Garner was shot and killed by Officer Hymon while he was fleeing the scene of the crime, Officer Hymon felt that he was justified in shooting him to prevent his escape even though he knew that Edward Garner was unarmed(Tennessee v. Garner). Officer Elton Hymon believed that his action was an acceptable because of a Tennessee statute that states that, if, after a police officer has given notice of an intent to arrest a criminal suspect, the suspect flees, or forcibly resists, "the officer may use all the necessary means to effect the arrest" (Tennessee v. Garner). I believe that Officer Elton Hymon did not have to kill Edward Garner just ... Get more on HelpWriting.net ...
  • 25. Stand Your Ground Law And Black Youth ABSTRACT Stand your Ground Law and Black Youth The controversies surrounding Stand your Ground Laws have recently captured the nation's attention. From the infamous Trayvon Martin case, in Florida alone, 26 children have been killed in Stand Your Ground cases. Since 2005, eighteen states have passed laws extending the right to self–defense with no duty to retreat to any place a person has a legal right to be. Despite the implications that these laws may have for public safety, there has been little empirical investigation of their impact on crime and victimization. In this paper, I will be researching reasons why Stand your Ground Law was implemented, the impact of this law on crime and victimization against black youth. Focusing on many ... Show more content on Helpwriting.net ... He was claimed to have used justifiable use of force though he was told not to follow Trayvon, and he was not suppose to have gun being the community watchman. Due to the conditions that triggered the shooting this induced major media coverage and the big topic being discussed at the time was using Stand Your Ground laws which allows individuals to use force, including lethal force, in self defense when there is reasonable belief of a threat, without having any duty to retreat first. Stand your Ground law states that a person may use deadly force in self–defense without the duty to retreat when faced with a reasonable perceived threat. When Stand your Ground laws were advocated in Florida and other states, their proponents marketed them as a reestablishment of a natural right, arguing "the duty to retreat has not always been a part of the common law". The historical context may be misleading, allowing self–defense only when reasonably necessary, and a duty to retreat when attacked outside one's home. The National Rifle Association seek to influence the Stand your Ground Law as a away for people to protect themselves. Though opponents who were against this law worried it would encourage the use of deadly force. For example, a 2004 case James Workman, a seventy–seven year old retiree who was sleeping in his RV, where an intruder busted into the trailer. James shot the intruder and had to wait months for the verdict. Prosecutors then decided the shots he ... Get more on HelpWriting.net ...
  • 26. KRS 090: The Use Of Police Force The law gives police officers power to use deadly force when they feel physically endangered, but that power doesn't extend to opening fire at fleeing individuals. When is it necessary or proper for an officer to shoot at a fleeing suspect? This question was posed after a police shooting in South Carolina. There was video recorded by a bystander that shows a black man being shot in the back and killed as he runs away. According to A seminal 1985 Supreme Court case, Tennessee vs. Garner, "Thepolice may not shoot at a fleeing person unless the officer reasonably believes that the individual poses a significant physical danger to the officer or others in the community." So by that precedent it is only justifiable to shoot a fleeing suspect if they meet that criteria. No two situations are identical neither are any two officers, but law enforcement officers should use only the amount of force necessary to dissolve the situation in order make the arrest. Force should only be applied to protect officer or others from harm. The levels of force police use include basic verbal and physical restraint, less–lethal force, and lethal force application of each depends on the situation. KRS 503.090 is the use of physical force in law enforcement. ... Get more on HelpWriting.net ...
  • 27. Tennessee Vs Garner Case Study First and foremost Police officers are instructed during their grooming at the police academy to use deadly force when stopping a fleeing suspect, however Police Officers are also taught, but when there are no other options. As we have learned from a landmark case Tennessee V. Garner, That the use of lethal force by law enforcement in the United States is subject to the 1985 Tennessee v. Garner decision. Under "Garner,deadly force may be permissible if "the suspect threatens the officer with a weapon or there is probable cause to believe that he has charged a criminal offense involving the infliction or threatened infliction of severe physical injury". Upon watching the video several times it appears to me that suspect Scott was not in ... Show more content on Helpwriting.net ... Garner decision, "South Carolina shooting ... Eric Garner". In 1985, the court ruled in Tennessee v. Garner thatpolice could shoot at a violent felon who was fleeing and posed a significant threat others. "Objectively reasonable" belief that a suspect is a safety threat or is trying to evade arrest, as Chief Justice William Rehnquist wrote in the court's opinion. This "reasonable" standard has to allow for the reality that police often have to make rapid decisions "in circumstances that are tense, uncertain, and rapidly evolving," as Rehnquist put ... Get more on HelpWriting.net ...
  • 28. Example Of A Deadly Officer (General 1985) officer (General, 1985). Examples include the use of a baton, canines or pepper spray (General, 1985). Deadly force is the last one (General, 1985). Deadly force is force which in an obvious statement causes death to the suspect, most often with reasonable means in order to protect and serve the community (General, 1985). Examples would be purposely firing a gun in the direction of another person or at a vehicle, building or structure that another person is believed to be constitutes deadly force (General, 1985). A threat to cause death or serious bodily harm, by withdrawing of a weapon, does not constitute deadly force (General, 1985). The use of force is as old as law enforcement itself, dating back to when they first began. It was ... Get more on HelpWriting.net ...
  • 29. Deadly Force Research Paper America was founded under the premise of freedom, hence the "Bill of Rights". However, society is violent, furthermore, society has always been violent, and always will be. The only answer to violence, is the willingness to respond with violence, additionally, the willingness to execute that ability. In America, we have Law Enforcement officers, brave men and women who are willing to shed blood, and lay down their lives for society. This is an enormous amount of responsibility, which we empower our brave men and women, to protect us from violent predators. Therefore, the justification of deadly force is clear, and precise, furthermore, universally applied across America. In theUnited States,(Ehrett,J). The use of deadly force by sworn law ... Get more on HelpWriting.net ...
  • 30. Use of Deadly force by the SAP CRIMINOLOGY AND CRIMINAL JUSTICE AZA1282 TABLE OF CONTENT 1. INTRODUCTION........................................................................ 3 2. USE OF DEADLY FORCE............................................................ 3 3. THE CONSTITUTIONAL ERA....................................................... 4 4. OLD SECTION 49 VERSUS NEW SECTION 49................................5 5. PRIVATE DEFENCE....................................................................5 6. PREVENTION OF CRIME.............................................................6 7. FUNDAMENTAL HUMAN RIGHTS.................................................6 8. CONCLUSION...........................................................................7 9. REFERENCES...........................................................................8 INTRODUCTION The responsibilities of the South African Police Services (SAPS), as taken up in section 205 of the Constitution Act 108 of 1996, includes to battle, prevent and the execute crimes, ... Show more content on Helpwriting.net ...
  • 31. The courts gave limits to the application of section 49(2) by giving that the proof lies on the person or accused (arrester) depending on the guardians of section 49(2), to show that his or her action fell in the that particular section. The state had to show proof the root of the offence committed goes beyond a sensible uncertainty. The courts specified that section 49 needed a severer test, and that, that section shouldn't be given a open–minded meaning but rather, it should and must be interpreted and practiced but with limits against the person that wants to depend on it (Burchell, 1997). In Section 49, as it used to be, it was used by the law implementation agencies as a free means to kill people. It was often seen as a discriminatory root most especially to the blacks mostly on the receiving end. The continuation of this so called licence to kill people wasn't a surprising issue, this was because the criminal justice system back then wasn't liable to the constitutional system that respected the expected human rights, especially the right to bodily integrity and the right to life. THE CONSTITUTIONAL ERA The retaining of section 49 would be quite impossible to put back together with the elimination of death penalties. If the state doesn't have any right to take a suspect's life in ... Get more on HelpWriting.net ...
  • 32. Deadly Use Of Force Moreover, to limit officer's discretion on unjustly use of deadly force, law enforcement agencies need to adopt new practices and techniques when dealing with the public if deadly use of force is not required. Officers should adopt new practices of using the taser as a means of force. "Tasers [are] developed to subdue suspects with non–lethal means" (DeLone, Thompson, 2009, p.416). Many law enforcement officers praise the use of tasers as a tool to "increase the safety of both officer and citizen by decreasing the use of deadly force" (DeLone, Thompson,2009, p.418). Individuals who are not complying/showing aggression with officers and or have some sort of weapon can be easily subdued and controlled with the taser rather than being shot at ... Get more on HelpWriting.net ...
  • 33. Is The Universal Declaration Of Human Rights? In Tampa, Florida, Ralph Wald walked in on his former neighbor Walter Conley, in bed with his wife. After he fatally shot Conley, who was less than half his age, Wald claimed he did not recognize him and assumed he was a stranger raping his wife. He was acquitted after two days of testimony and according to the Tampa Bay Times, Wald's defense team invoked the Stand Your Ground law noting that Wald had 'no duty to retreat' when facing danger within his own home. Article 12 of the Universal Declaration of Human Rights states: "No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such ... Show more content on Helpwriting.net ... The core of these laws is that individuals should be able to use deadly force when they believe their lives might be in danger, instead of trying to avoid conflict at all cost. By allowing such logic for the use of lethal force, Stand Your Ground laws are severely flawed, for they increase violence, targets people with color and allow criminals to get away with murder. The notorious case of George Zimmerman, a Florida man who shot and killed Trayvon Martin ignited a national debate surrounding The Stand Your Ground law. On February 26, 2012, Martin was returning from a nearby convenience store when he was shot and killed. Zimmerman claimed he was being physically attacked by the unarmed teenager, causing him to fire in self–defense. Various people have been led to believe the misconception that this law had nothing to do with Zimmerman's acquittal for the killing of Trayvon Martin. Police Chief Bill Lee stated that the decision not to arrest Zimmerman "had nothing to do with Florida 's controversial 'Stand Your Ground ' law" because "from an investigative standpoint, it was purely a matter of self–defense." The New York Times also believed "Florida's Stand Your Ground Law... has not been ... Get more on HelpWriting.net ...
  • 34. Tennessee V. Garner Essay Name:Tennessee v. Garner Citation:No. 83–1035, 83–1070 (1985) Facts:On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a "prowler inside call." When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across the backyard. The suspect, Edward Garner stopped at a 6–feet–high fence at the edge of the yard and proceeded to climb the fence as the police officer called out "police, halt." The police officer figured that if Garner made it over the fence he ... Show more content on Helpwriting.net ... It dismissed the claims against the defendants as being the mayor and Officer Hymon and the Police Department as being the director for lack of evidence. Hymon's actions were then concluded to being constitutional by being under the Tennessee statute. The Court of Appeals affirmed with regard to Hymon, finding that he had acted accordingly to the Tennessee statute. The Court of Appeals then reversed and remanded. It reasoned that the killing of a fleeing suspect is "seizure" under the Fourth Amendment, and is therefore constitutional only if actions are reasonable. In this case the actions were found not to be reasonable. Officers cannot use deadly force unless they have probable cause that the suspect poses a serious threat to the officer or has committed a felony. Issue:Garner, the suspect's father brought forth that his unarmed son was wrongfully shot by a police officer as his son was fleeing from the burglary of an unoccupied house. He proposed a wrongful death action under the federal civil rights statute against the police officer who fired the shot, the police department and others. Decision:The Court of Appeals reversed and filed a petition for certiorari. The Supreme Court held that: "(1) apprehension by use of deadly force is a seizure subject to the Fourth Amendment's reasonableness requirement; (2) deadly force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a ... Get more on HelpWriting.net ...
  • 35. Deadly Force And Police Brutality Abstract This paper discusses about the use of deadly force and police brutality. It considers what the use of deadly force is and the circumstances under which police officers use it. Importantly, the paper also discourses about police brutality and how the police use it. In addition, the paper also provides a discussion about the impacts of the use of deadly force and police brutality on individual victims, the community and the state. Keywords: Crime, brutality, police, deadly, force Deadly Force and Police Brutality Deadly force is defined as the potency that is likely to cause either serious bodily injury or death to another person. A deadly force can be used by either civilians or police officers. It is a physical force, ... Show more content on Helpwriting.net ... Deadly force and police brutality may potentially result in the deaths of the victims. The use of excessive physical force, especially in the case of innocent people, may lead to the deaths of innocent people. Psychological impacts also arise from the use of deadly force and police brutality. Victims of such actions may suffer from severe post–traumatic stress disorders, the consequence of which may include suicidal tendencies, stress, depression, or substance abuse. In some cases, they result in permanent health complications, which may lead to deaths (Regoli & Hewitt, ... Get more on HelpWriting.net ...
  • 36. Deadly Force Case Study Assume a officer faces the subsequent deadly force situation: He responds, together with 2 different officers, to a residence as a results of a 911 call from the house owner. Dispatch reports the homeowner's son vulnerable her with a table knife, however she was able to shake off the residence. When all 3 officers arrive, the primary officer meets with the house owner outside the residence. She tells him she suspects her son is abusing cocain which he's threatening to kill. She says she needs her son transported to a mental–health hospital for AN analysis. She additionally tells the officer she doesn't grasp if her son continues to be armed which he could currently be within the basement. To additional assess the case, the officers enter... Show more content on Helpwriting.net ... The individual was threatening the security of the officer, and it absolutely was constitutionally permissible for the officer to use deadly force. although one amongst the officers equipped with a Taser and/or chemical weapon were standing on the steps instead, the knife–wielding man's fast approach would gift a threat sufficient to justify his use of deadly force while not initial exhausting all force choices. Officers could avail themselves of all the tools at their disposal, however aren't needed to try to to thus as a matter of ... Get more on HelpWriting.net ...
  • 37. Police Use Of Deadly Force Introduction Police use of deadly force in the United States has been growing at a rapid pace due to several incidents that have taken place over the last few years. The biggest question today remains why has this been such a relevant topic across the U.S. lately? The use of deadly force is specifically important because it directly affects the publics' attitudes and behaviors towards the police and government. Some will blame police policies, some will blame abuse of power, and some even claim the use of deadly force is necessary to in order to properly defend themselves. The use of deadly force continues to increase due to lack of what the true definition of "use of force" and what actually means. This lack of definition creates ... Get more on HelpWriting.net ...
  • 38. Reducing Police Shootings: A Look at Albuquerque Police... Are the police warranted in self–defense or are the police using excessive force and how does this ratio of shootings in Albuquerque compare to other cities in similar size and population? The fallout shows the sides of two groups of people who believe they are in the right. The activists against police involved shootings believe that the officers of Albuquerque react to situations with deadly force too often and necessitate changes. The supporters of the police force believe that the shootings are higher in Albuquerque because suspects in the area give police more reason to use deadly force, however, APD agreed to ratify its amended policies to satisfy the public. Albuquerque has the highest ratio of population to police involved... Show more content on Helpwriting.net ... When the shootings were questioned as "...civil rights violations..." the investigation known as the "DOJ Resolution" was put into motion (Mckay and Proctor A1). Supporters that are against the shootings voice their own ways of fixing this problem. One supporter suggests that APD should change their use of deadly ballistics and commit to the use of "bean bag" guns because they are less than lethal and that they have great stopping power. Another supporter thinks all APD officers should be trained in "CIT" (crisis intervention training), which would support a passive and non–deadly approach to de–escalating a problem before it gets out of hand (Heinz C2). I personally think these suggestions may be the best way to come to a mutual agreement between those against police shootings and the police department. The Albuquerque police department explains that the recent increases of officer involved shootings are due to the increase of police assaults (Galvan A1). Police Chief Ray Schultz said another common factor that the recent shootings had in common is that "The propensity for the person involved to have some type of mental health history or issue" (qtd. in Tomlin par. 21). In no way do the Albuquerque police think that shooting people is the right thing to do, rather, sometimes necessary when you believe your own life and the lives of others are in danger. ... Get more on HelpWriting.net ...
  • 39. The Use Of Deadly Force By Police Officers The Use of Deadly Force by Police Officers in the Field: Understanding the Complexities and Issues Surrounding Deadly Force Jessica Woodward Columbia College MSCJ 501 Current Issues and Future Directions in Criminal Justice Abstract In light of the recent spate of police–involved homicides of suspects who may or may not have put the lives of the police involved in fear for their safety and well–being, this paper seeks to examine the use of deadly force by police officers in the line of duty. The training involved in using one's service weapon in situations that call for a determination of the use of force will be explored, as will the rules, regulations, and extenuating circumstances that lead to the firing of a service weapon in the line of duty, resulting in the death of a suspect. The Supreme Court cases that have led to and/or upheld laws allowing a broader interpretation of what is considered justifiable use of deadly force will be briefly examined. Additionally, the use of non–lethal weapons, such as Tasers, by police forces and how the availability of these weapons influences the rate of deadly force will be inspected. Finally, an elucidation of the various perceptions of the general public of the police after use of deadly force is used within their communities will be addressed. The Use of Deadly Force by Police Officers in the Field: Understanding the Complexities and Issues Surrounding Deadly Force In a moment, as a country, we ... Get more on HelpWriting.net ...
  • 40. Police Shootings And Its Effects On The United States Research Paper Throughout the last two years there have been many police involved shootings where they have killed someone. Some say the cops where right and others say they were wrong in the situation. Are the police right in using deadly force instead of trying a different situation? When is it ok forpolice to use deadly force and are they right in doing so? In the past two years there have been multiple police shootings, which have been the main topic with police. Some have said that race has played a huge role in the recent shootings and blame racism on the deaths by the officers. In the recent cases it has been a white officer who has killed a black person. Who has the say in the case if the police made the right decision if ... Show more content on Helpwriting.net ... Forensics later came out to support officers Wilsons statement that Brown had in fact charged at the officer and attempted to take Wilsons gun. It also proved that Brown did not have his hands up like the media had initially stated, which caused mass frenzy and a huge protest that led to chants of "hands up don't shoot" and "black lives matter" (Hitchcock). Now people start to look at other facts how he didn't have a weapon on him at the time of the shooting and say that they didn't have to shoot and kill him. You do not need a gun or knife to be a danger to another person; you always have two weapons, which are your hands. Police shoot to kill they do not shoot to disarm (Miller) because you can still be a threat. It doesn't mean that you still cannot kill someone who is a lot smaller than you without having a gun. Black lives matter has become a major group protesting all over major cities in the United States at the hands of Rev Al Sharpton. They have started many protest and campaigns to try and change laws in which police are aloud to use deadly force when trying to arrest a suspect. After all this was just starting to settle down another police involved killing happened in New York to an Eric Garner. This time the police did not shoot him; he died from heart related problems which people blame the police for his death after being placed in a chokehold until they could subdue him. In ... Get more on HelpWriting.net ...