Police Authority, Police Power and Police Use of Force Essay

The militarization of the police is becoming more and more prevalent issue in our society. There are positives and negatives to this issue, but in my opinion it is a negative occurrence. Excessive use of force further divides police and community, which eventually may lead to severe consequences that may be irreparable.

Police officers are faced each day with a vast array of situations with which they must deal. No two situations they encounter are ever the same, even when examines a large number of situations over an extended period of time. The officers are usually in the position of having to make decisions on how to handle a specific matter alone, or with little additional advice and without immediate supervision. This is the heart of police discretion. As we shall find, the exercise of discretion by police has benefits and problems associated with such exercise. The unfettered use of discretion can

When a law enforcement officer uses force on a subject it will be classified into one of three main categories which are, justifiable, excessive, and deadly force. The authority for law enforcement officers to use force comes from the United States Constitution (case law), state statutes, and department policy. Law enforcement use of force is very important because it involves the patrolman on the street, the corrections officer in jails and prisons, and the courts where excessive use of force cases are held.

There are several different types of force. These types of force include verbal commands or persuasion, physical force (unarmed), force using weapons that are non lethal, force that involves using weapons such as the bean bag gun or taser, and lastly, deadly force. All officers have to give way to each force option before last resorting to the use of deadly force, unless of course if the officer is in a life or death situation. This may be the only way to use deadly force in the first and last resort. They have a couple of weapons that they carry in case the need to use them arises. They carry a baton, tasers, handcuffs, guns and they also have police dogs. Some police do follow the guidelines for using force. Others may abuse their authority and not use force properly. It is really only up to the officers to do the right thing. Some cops are great and live to protect our communities while others abuse their authority.

Police have the uncontested right to use force when necessary to apprehend a suspect. If the force exceeds that which is necessary it is defined as excessive force and is illegal. An officer’s discretion on use of force is a based on judgment. They do not know if a judge will later rule an instance of use of force as excessive or not. There is a fine line between what is considered acceptable force and what is considered excessive force. All an

Law enforcement officers are given much power and authority over one’s civil liberties. Not only do they have a duty but also a responsibility to enforce laws and ordinances in their jurisdiction, maintain order and protect its people. In some cases, the only way to accomplish this is through legitimized use of force. Use of force can best be described as "the amount of effort required by a law enforcement officer to induce compliance of an unwilling subject" (nij.gov, 2012). With that said, law enforcement officers have been given the right to apply only enough force necessary to control a situation, while defending others, preventing escape, during self-defense and while a subject is resisting arrest (Pollock, pp. 234). It is not until that force becomes excessive that it becomes say an issue.

This paper will discuss issues related to the use of excessive force by the police. In doing this the paper will look at the concepts such as the need for police officers to use force, the definition of excessive force and causes that contribute to the use of excessive force. The paper identifies inadequate training, adrenalin overload, accidental application and retribution as the major causes of the use of excessive force. In order to reduce the use of excessive force as a result of these circumstances, the paper argues that it is instrumental to provide adequate training as well as regular training to police officers in order to improve their relations with the community and reduces occurrences involving the use of excessive force.

In this paper, I will be writing about Police Discretion. I will start by defining Police Discretion then briefly discuss the use in domestic disturbances, minor misdemeanors, and traffic enforcement. I will also discuss the application of police discretion, the provisions it uses and how it is currently practiced. At the end of these brief descriptions, I will then present the myth that exists in regards to police discretion. And finally, I will end this paper with my personal opinion as well as a brief conclusion.

However excessive force is the use of aggressive capability above expectation if it is deemed unreasonable or unwarranted. Excessive force can come in the form of physical, chemical, firearms, or electronic. Physical force is subduing someone through physical contact. This includes choke holds, or your knee in someone back holding them down until you cuff them. Chemical force is the use of chemicals such as tear gas, pepper spray, or mustard gas in order to subdue large crowds of individuals. Firearm force is using guns to gain access to someone. This could involve shootouts or the police raiding a house and electronic force is using things such as the web, or cellphones, or social media sites to catch a suspect or predator. Though these tools were given to the police departments to be more helpful, they may have the opposite effect.

Police legitimacy is composed of two elements: trust and acceptance of authority. The public needs to know they can trust the police officers. We have to know if they are honest and are really concerned with our well-being, which would lead to respect and accepting their directives knowing it is for our own well-being or the neighborhood’s. I personally experience both sides of this concept, due to my residential situation, as I live both in El Paso and Juarez. In El Paso I truly trust the police officers that I have encountered, but I cannot say the same about the Juarez police officers. In Juarez many police officers are corrupt and do not care about our well-being. I’m not saying that in El Paso they all do, but their authority is more accepted by its community.

In addition to the feeling of being above the law, there are no practical and effective internal accountability mechanisms to regulate the excessive use of force by the police officers. Many police officers take advantage of

The use of excessive force by police officers is a topic that continues to make headlines and a study that needs to be done. Although much research has gone into this topic there still is no consensus on why the use of excessive force occurs. Some studies suggest lack of training and/or problems with organization policy/procedures. Law enforcement officers are authorized to use force when necessary, but when the level of force is excessive, however, the actions of the police come under scrutiny. The resulting effects can include; public outrage, scandal, negative reputation for not only the officer but the law enforcement community, and criminal considerations. Although there’s is no concrete definition of excessive force, police

When debating the issue of police use of force, the issue of what actions constitute too much force must also be addressed. Another concern is the possibility of corruption amount officers. When given such great power, the probability of corruption is high. Officers generally do not start out as corrupt, but years of work on the force can create animosity between officers and suspects and lead them to decide to use force more quickly (McEwen, 1996). Many times, officers patrol the streets alone which creates the opportunity for potential abuse of power (McEwen, 1996). Although police officers need to be permitted to exercise some discretion, they also need limits and guidelines to follow when using their powers of discretion (Manning, 1997). The decision to use force should not be taken lightly in that citizen’s lives are at stake. Police should be allowed discretion in decisions to use force; however, this discretion should be limited. In several cases in Arizona, officers have used deadly means of force. In all cases, the officers

With the legitimate use of force and the confrontational nature of their interaction of community, the police work offers opportunity to officers to abuse their authority when their authority is perceived as being threatened. For example, police have to be suspicious even in regular duties like patrolling the district. They remain suspicious to everyone in the street. Most of the time, police officers work on their own without much monitoring, for instance, no one guide them when they patrol, when they face challenges from the public, they have to make the decision on their own of whether respond to the challenge by abusing their authority. It is the vagueness of their work train the police to be suspicious to any minor change in the surrounding environment in order to maintain the social order. The ambiguities also offer room for them to make choice as well as the possibility of corruption.

“The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of law, where there is no law, there is no freedom” according to John Locke in Second Treaties of Government. Law is a major building block to a successful society; along with the need for law comes the need of the proper authority to enforce it. This authority, the police force, can be found in some form in almost every country in the world. Some operate as more of a military force using fear and oppression to keep the population in check. In other countries, such as the United States, the police force uses respect from the public to do their jobs. While using fear and oppression as motivators does the job, respect as a motivator is much more effective because people will obey the law and be content with it rather than becoming increasingly discontent to the point that they try to overthrow it; in the United States, however, respect is becoming harder to achieve with the growing animosity towards the police because of the recent stories of police brutality. While police brutality focuses mostly on physical and verbal attacks and intimidation, police overstep their boundaries any time that they misuse their authority, when, really, they are not above the laws anymore than anyone else.