Use of Excessive Force by Police

Police officers are faced each day with a variety of situation in which they must deal; therefore we should ask ourselves the following questions: Should police officers enforce the law equally in all situations? In what situations should police officers be allowed to not enforce the law? What types of situations would they be required to fully enforce the law? Why does police discretion exist? What are its strengths and weaknesses? And what is the relationship between police discretion and police ethics?

In this essay a discussion will be explored about the benefits and problems associated with police use of discretion. Which current policing strategies have the most potential for controlling officer discretion and providing accountability, and which have the least, and why is that the case? And finally, how might these issues impact the various concerns facing law enforcement today?

In certain situations, the police may have to act quickly on their instincts. Sometimes, a situation is unpredictable and a decision needs to be made in a split second. The quick decision may to be to take a person down physically with the officer’s own hands, or to use deadly force, unfortunately. Anything can happen and the officer needs to be ready for every scenario. The different levels of force can be anywhere from just a police officer being present, to having to kill someone to prevent him or her from hurting anyone else. It’s a harsh reality, but sometimes the officer needs to make the decision to die or to protect him and do what he needs to do.

The use of deadly force by police officers is a very important subject in today’s society. Many consider the use of deadly force excessive in most cases. However, there are many aspects to look at when considering this topic, such as: Why was deadly force required? When did the officer feel it necessary to apply deadly force? What will be the implications for the officer after the fact? How does the use of deadly force affect society as a whole?

Many police officers decide that it is best to use force. Even when it is not required. An innocent man asked a police officer to move his vehicle out of his driveway and the officer forced him out of his house. The officer had a “...history of brutality, attacked him, tasered him in the back, kidnapped him and threw him in a cage for weeks — causing him to lose his job, his house, and his dignity” (Algorist). This cop chose to harm an innocent man and risk his job over a simple question that could have been resolved in a much safer manner. The cop used force towards the man and the man was not a criminal.

The term "excessive force" is police abuse of authority given to them by the government. Additionally, the term means that the officers applying that level of force are infringing upon the constitutional rights of the citizens. Officers need to know the citizens' legal protection to understand the meaning of "excessive force". The use of force should be enough to protect officers and the community. At the same time, the force should not encroach upon citizens' rights. (Gould and Mastrofski, 2004). Unreasonable or unjustified searches can be characterized as excessive use of force. (Fyfe,

Police officers have always possessed the powers to exercise discretionary judgment ever since they have had the ability to enforce the law. Discretion within the police force is defined as “the officers freedom to make a choice based on the situation” (Young, 2011). However, it has come to light in recent decades that many officers abuse their powers of discretion, especially with their use of force. This is especially a problem today because police officers are being monitored every second as departments start incorporating dash cameras and body cameras. With new video surveillance brings forward the question of whether or not police are given too much freedom when it comes to discretionary judgment.

Excessive force is a form of gaining compliance by a police officer over another person outside of a standard of practice and departmental policy (Phillips, 2010). The concern over excessive force used by law enforcement has become an overwhelming social problem, and has led researchers on a quest to find variables to shed light on the issue (Phillips, 2010). Recent events in America between law enforcement and civilian populations have brought to the forefront questions about the use of excessive force. The depth of the problem surfaces when law enforcement uses excessive force, and the rights and safety of civilians are significantly impacted (Frank, Frank & Liederbach, 2014; Huspek, Martinez, & Jimenes, 1998).

Police officers and the use of force has been an issue for decades between citizens and law enforcement. There have been many high profile cases for the use of force such as the LAPD and Rodney King beating. Also, the more recent cases such as NYPD and Eric Gardener where the suspect Mr. Gardener was choked with a triangle choke hold by an NYPD officer. These cases seem to bring great attention due to them being video recorded and having different points of view. The definition for use of force can be found on The International Association of Chiefs of Police (IACP) researched and defined use of force as "The amount of effort required by police to compel compliance by an unwilling subject."

The use of force has been controversial topic lately in the US. I think having a set policy on the use of force in each state or country wide might give police officers a clearer definition of when to use excessive force. Each district has different rules. Some officer moves to different cities and states which cause them to change districts. If each department have different explanation, then it might cause confusion with the officer.

The police of any democratic society are faced with an inescapable dilemma by their profession: Their role in the society requires that they competently balance the legal authority they have been bestowed by the public (government) with their responsibility to protect public safety as a whole while protecting individual rights. Police officers are a visible figure of government authority. They have been granted the power to stop, detain, question, arrest, and when required the use deadly force, at the same time being conscious to the wishes of the public. Police officers are required to carry out complex tasks while respecting important legal and constitutional protections. There have been times when law enforcement(police) has been required to enforce unpopular laws while attempting to foster or maintain public support. How much force the police uses to balance these concerns often determines

I feel that the use of excessive force by police officers is one of most significant problems police is facing in society today due to inadequate police training. It’s always been against racial minorities, police need to do better than that. We need to understand that they are human beings, and are vulnerable to make mistakes. Police officers do get an extensive training of many things such as; how to use firearms, physical training, communication skills, defensive tactics, working as an active shooter, CPR training, warrant service training, report writing, court and testimony training, and DUI training, but in order to be successful they need to get some counseling to help them cope with the stress due to work. A good training in human relations

Upon hearing the Court’s decision, a complete review of all the department’s policies would be conducted, with attention to use of force. Are the policies written to allow for movement up and down the force continuum? Do they place an undue burden on the officers by not allowing them to make reasonable judgement decisions based on the facts presented before them? Polices are more guidelines than absolute directives.

RULE: First precept of Natural Law: “That good is to be done and pursued, and evil is to be avoided”

careers when use of force is appropriate—for example, in making some arrests, restraining unruly combatants, or controlling a disruptive demonstration. When the level of force exceeds the level considered justifiable under the circumstances, however, the activities of the police come under public scrutiny (Adams, 1999).