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.
Often times while attempting to make an arrest, a law enforcement officer will have to use the appropriate use of force to make the arrest. In some instances the appropriate use of force for some officers will be as simple as the
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When acting in the capacity of a sworn law enforcement officer section 776.05 of the Florida statutes says, “the officer is justified in the use of force when he or she reasonably believes to be necessary to defend him or herself or another from bodily harm while making the arrest.” As you read, the state doesn’t say how much force an officer can use but goes on to say “when he or she reasonably believes to be necessary.” To become certified as a law enforcement officer in Florida as a corrections or police officer one will have to attend a basic recruit training program. While in the basic recruit course students will attend a two week, eighty hour course called criminal justice defensive tactics that has a universal curriculum for corrections and police officers across Florida. Defensive tactics and others courses during the academy are referred to as “high liability courses” due to the fact that while applying them as a law enforcement officer, the officer takes on a liability. In this course students will learn about the use of force in law enforcement, case laws, and other topics that will teach them how to make the appropriate decision when using force.
Deadly Force
To a majority of society, law enforcement officers are viewed as the protectors of society. Due to the fact that officers provide a service to the community they could be placed in a position
Since their has been policing entities, it is understood by most that law enforcement officers have been performing a public service that is not easy to carry out. To assist law enforcement officers in diffusing situations, apprehending alleged criminals, and protecting themselves and others, officers are legally entitled to use appropriate means, including force. In discussing police misconduct, this report acknowledges not only the legal grant of such authority,
A '''use of force continuum''' is a standard that affords law enforcement officials & security officers (police, probation, or corrections) with guidelines as to how much use of force may be used against a repelling subject in a given situation. In certain ways it is similar to the military’s escalation of force. The reason of these models is to clarify, both for officers and citizens, the complex subject of use of force by law officers. They are often vital parts of law enforcement agencies' use of force policies. Although various agencies have developed different models of the continuum, there is no universal standard model (Stetser, 2001, p. 36)
Police officers have played a major role in society by protecting us from crime. Their responsibilities include not only preserving the peace, preventing criminal acts, enforcing the law, investigating crimes, and arresting those who violate the law but also directing traffic, community relations work, and controlling crowds at public events.
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.
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
The use of force is inevitable in police work. In many situations the lives of officers or civilians can be taken by not using force when necessary or using it improperly. Many factors come into play when an officer decides to use force. This includes is the use of force justified, has the officer been properly trained to use force, and will the department be held liable if the force is used improperly?
The use of force is without a doubt an important aspect in policing. The decision to utilize any type of force comes from a multitude of recourses; department policies, training, situational variables and ethical systems. There are three major categories in which an officers use of force is categorized under; justifiable, excessive and deadly; with a thin line between justifiable and excessive. Cases where excessive force has been used, has lead to injuries, deaths, civil damages, officers convicted and sentenced to jail and police chiefs and elected officials being removed from office (Fyfe, 1988). It is an officer`s discretion in determining when the use of force is justifiable.
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?
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.
What is police brutality? Police brutality is an act of misconduct done by a member law enforcement through the use of an extreme amount of force to physically, mentally, or emotionally attack a member of society. Many law enforcement officers, those sworn to protect and serve, have abused their rights and authority to ferociously assault and manipulate citizens, even if they were innocent. Citizens who have been attacked have been left with physical and emotional scars that can never go away; in some cases, it has even caused death. In a report by David Packman, prepared for the Cato Institute in 2011, states that 247 deaths were linked to police misconduct cases.(Packman 2011)
the use of excessive force. Many people have witnessed or have become victims of police brutality. In their line of duty, police officers are sometimes faced with threatening circumstances that enable them to make haste decisions when expecting the worst at the same time hope for the best outcome. A police officer is given the power to maintain law and order as well as to take away any right of a citizen when a situation permits (Heydon, 2005). Thus, they have the responsibility to apply the forces in a recommended way. Therefore, police are trained to use the least amount of force necessary to make an arrest by using escalations of force. However, sometimes police exceed the minimum amount required to diffuse an incident or protect them, which leads to misconduct or undue violence when not warranted.
Whenever a law enforcement officer places an individual under arrest or is involved in a deadly force scenario the officer has used some degree of force. The incidents where an office has to make a split second decision and use physical force to control a situation is known as “Use of Force.” The use of force varies as situations present themselves to the officer and they must decide what level of force is necessary to control the situation. Often the use of force is subject to much debate and not a year goes by without some media coverage of some law enforcement officer accused of using excessive force. In dozens of studies of police use of force there is no single,
The use of 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
The use of force, with regards to law enforcements use of it, is a complex topic that should be looked at in all perspectives. There is tension between the police and the community they work for, on whether this is a power that the officers should have or not. There are ambiguous laws that do not give law enforcement offices much guidelines on what is exactly permissible when it comes to force, and all the different situations it could occur. The line that the use of force leis on is often a fine one. It is teetering between excessive force and never being able to enforce the laws. The use of forces is a conversation that is worth having with all the pros and cons that it brings to the discussion board.
Whenever police officers come into contact with citizens, there is a chance that the encounter will digress to one in which force is used on a suspect. Fortunately, most police activities, such as traffic or investigative stops, or even arrests, do not result in the use of force (Alpert, 2004).