...Use of Force 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? There are two types of force in police work. One is non deadly force and the other is deadly force. Non deadly force is force that, when used, is not likely to result in serious bodily injury or death. Now just because it is not deadly does not mean you can run around and be using non deadly force because you feel like it. To use this type of force you need to have reasonable force. Reasonable force is limited to the amount of force necessary to accomplish lawful results. Say Officers are arresting a man that is kicking and punching, those officers can use only enough force that is necessary to control the situation. If the officers were to start throwing punches back that is excessive force because now they are adding to the fire and not just trying to control the situation. One huge problem for officers is that reasonable force is subjective. This means it all depends on the situation. One thing might be reasonable force for one cop but may even be excessive force for the other due to situations and perhaps even the size of the officer. Due to the intense job...
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...The Use of force by law enforcement Alphonso Jones ECPI University Eng 120: ADVANCE COMPOSITION Professor Amity Brown 10/16/2014 The use of force by Law Enforcement What is the reason for the use of force by law enforcement? The use of force can be that of one’s race, more against minorities and the weapons that are being used seems to play a factor in the use of force. The use of force by law enforcement is becoming a large topic in today news. There have been several killings, beating, use of pepper spray, Taser guns, guns, and baton use. What is the use of force? The website Case Law 4 Cops states, “Excessive force means the physical force that exceeds the degree permitted by law or the policies and guidelines of the law enforcement agency. The use of excessive force shall be presumed when a law enforcement officer continues to apply physical force to a person who has been rendered incapable of resisting arrest.” There are many stories about the use of force by law enforcements for example here in Charlotte, NC recent accusation of use of force with the police occurred one morning in September 2013 around 2:20 am. A call came from the Bradley farm development in an upscale part of north charlotte. The call came from a woman that stated that she had a black man at her door that was knocking loudly. The woman stated that she was thinking that it was her husband when she opened the door but closed it quickly when she noticed that it was not her husband and called...
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...Police Use of Force Introduction When we look at the term, use of force, and how the police use this for the protection of the officers and the lives of others, this becomes a very debatable part of a police officer's job. The U.S. has experienced a number of incidents over the course of 20 years involving police use of force that are cause for concern among the public. People get upset about perceived misuse of police force, but say little when police officers are gunned down or seriously injured during violent encounters or situations that escalate to lethal action. It is important to know that police departments strive to reduce the amount of use of force incidents within their respective agencies. Are there alternatives to a potentially deadly encounter? One may ask, Can the officer step back and call for assistance? If the suspect's identity is known, rather than engaging in a foot pursuit, can an officer make an arrest later? Can the officer not shoot to kill? Can the officer shoot in a non-life threatening part of the body? By nature, every situation is different and must be evaluated on an individual basis. Stepping back is not always an option for an officer. When the life of an officer is threatened by someone pointing a gun at them, or by any other life threatening means, and not knowing the assailant’s intentions, this forces the officer to make a split-second decision. That decision will determine if the officer will live or die. In the early nineties...
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...controversial stories that help spark a policing reform by President Barrack Obama. This reform recommended greater usage of body worn cameras by funding $75 million towards equipping law enforcement with body worn cameras while implementing procedures to improve evidence collection and police tactics (Ariel, Farrar, and Sutherland, 2015). This reform furthered the interest of building back the trust and legitimacy of police behavior and performance lost to the public through the use of small, lightweight video recorders. This can be the answer to today’s epidemic of negative press and concerns between police and the public. Body-worn cameras are a necessary side-arm that must be utilized by all law enforcement when performing official duties that interact with the public. The use of body mounted cameras is essential because it can document objective evidence to assist in court trials, reduce police use of force complaints as well as maintain the integrity of officers during their official duties. The use of body worn cameras (BWC) will provide factual, objective evidence taken in real-time that can work in conjunction with testimonies to assist in prosecution and case resolution. Being able to collect evidence as it occurs has helped improve the prosecution and conviction rates of domestic violence crimes such as intimate partner violence (IPV). In a Police Quarterly article, analysis from researchers revealed cases involving intimate partner violence that involved officers utilizing...
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...topic is becoming a bigger issue around the country due to false accusations on people and police. There are pros and cons to every controversial issue. Four cons related to Police body cameras are the following: The cameras are expensive. There is a privacy issue for both police and civilians. There may be issues with the camera. The police don’t want them. On the positive side, there are pros as well. Four pros of police using body cameras are the following: Helps provide valuable evidence in obtaining accurate victim and witness statements. Protects police officers from false accusations. The use of cameras while on duty provides hard video evidence of...
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...UAV’s, have many different purposes. There are so many different types of drones in the marketing world. The most common ones have been used for military purposes. The US military has two types of drones. UAV’s, unmanned aerial vehicles, are used for high tech surveillance. UACV’s, unmanned aerial combat vehicles, are used for destroying targeted objects in war (Pugliese). There are many drones that can be mistaken for remote controlled helicopters as well. These are now issued to some police forces around the US in order to keep a closer eye on cities. Civilians are starting to demand the use of drones in many different areas. Farmers are asking for drones to watch their crops better, and to annihilate any crows that try to destroy them. Boarder patrol wants them for surveillance. This could help patrol the boarder between Mexico and the United States better. Newscasters want them to videotape footage that most reporters cannot get to very easily. Also police departments want to use them to keep an eye in the sky and watch out for crime in...
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...Externally, stakeholders may not agree with goals an organization has set which is a conflict of interest. Internal process approach would be the most appropriate analyzing a police department. A police department has to have a cohesive group of employees because it is an extremely serious career path. This approach shows how the indicators reveal an evaluation of the coordination of the organizations parts. This type of work must be fluent in goals and actions to accurately monitor the residents in the town. The constraints of the small community must first be looked at and identified in order for the effectiveness of the police department to be determined. Depending on what is going right or wrong in the community (high crime rate, high drug use, lack of awareness, speeding and lack of police presence to name a few) the police department would need to know in order to put the proper...
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...The United States is one of the newest countries but has also being a very competitive growing country to those around the world. Thinking in terms of employment, one thinks of jobs like fast food, factory, or law enforcement but there is also one that many don’t think of are the member of the Military. The Military has many different branches and with in those branches there is the active and reserve. One branch, the Army, has a National Guard side where the Soldiers are considered civilian guardsmen. The National Guardsman is members of the Army National Guard who meet once a month and two weeks out of the year to train on their duties. In the recent years there has been many conflicts which the United States has been apart of, supporter of, or the major contributing party to the solution of the conflict. A person gets deployed to a conflict and when their mission is over, they become a Veteran. Deployments can last from three months up to one year long depending on many aspects on the mission. Members of all branches of the military who are returning from a deployment are veterans and experience an environment that most are not used to. As well as the long break in service from the civilian life also plays a role in the reintegration back in to the social society setting. In the more modern day life in the military orients many people to being Veterans of the multiple tours to the various areas of the world. This has presented the United States with a challenge with the continuation...
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...recent events where police are look down upon, persecuted, of accused for police brutality. The reason being is that they have evidence that can help them. In the incident that a police officer acts unjustly discriminatorily or unfair, this type of such video evidence could be used to convict an officer that willfully and deliberately violated the rights of an innocent person. Correspondingly with this knowledge, officers are unlikely to commit such violations of rights; furthermore, if this was to be standard policy of police departments in counties and around the United States, it would be unlikely that anyone prone to abuse the power of the badge would join the police force in the first place. If these type of people knew that their actions were to be constantly monitored - the only people joining the force, would be those morally honorable individuals, capable or handling the power and responsibility bestowed upon an officer. On the other hand, in an event incident that an officer is accused of violating an innocent persons an innocent person rights, when they in fact they were not violating anyone's rights, they would have video evidence to prove such: that they were carrying out their duties in a perfectly legal and acceptable manner. Not only would body cameras be used to check police on citizens but they can be used by supervisors to see if an officer would need extra training, provide basis for promotion, and overall create a better behaved, proper police officer. This...
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...Police Ethics and Use of Force Bernardo Harper AIU Online Abstract Police Ethics and use of force is always a topic up for discussion in society today. There are many cases where the use of force that police officers choose is questioned on whether or not it is excessive. There are also quite a few cases that question the ethics of the officers who are charged with serving, and protecting the people of the public. Public safety is always the number one priority of the departments of many cities, and towns in the United States. The decision of when to use force and, and how much force to use is made in a split second. The aftermath of a case when deadly force is used will be investigated and questioned by the people in charge as well as the victims or their families. Police Ethics and Use of force Police officers are in charge of maintaining order in the community. Without the police there would certainly be more chaos where we live and work. The job of the police is to deter criminal activity to allow the citizens to be able to live their lives without having to worry about being the victims of criminal activity. The system is not perfect and crimes are still going to be committed, but it does work and for the most part regular law abiding citizens are able to go about their lives without harm. The people of the police department are citizens as well and are not perfect. They have a responsibility to protect and serve the people of the communities in which they...
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...Criminal Liability and the Use of Force Strayer University February 5, 2014 The crime of solicitation takes place when, whoever, with intent that another person engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against property or against the person of another in violation of the laws of the United States, and under circumstances strongly corroborative of that intent, solicits, commands, induces, or otherwise endeavors to persuade such other person to engage in such conduct, shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than twenty years. It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited. A renunciation is not “voluntary and complete” if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute another victim or another but similar objective. If the defendant raises the affirmative defense at trial, the defendant has the burden of proving the defense by a preponderance of the evidence. It is...
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...Legality of the Use of Military Force Simulation 4 By: Scotty Luffman Introduction Today in the 21st century as more and more states find themselves in conflicts or in a position where the use of military force is a viable option it is important to discuss the legality of the use of military force. This is especially important when taking into account that many of the rules and laws governing this topic were created when wars were fought very differently and opponents in warfare were often better defined than they are today. In most of the world’s conflicts today, a nation may not be engaging into battle against a uniformed militia of a particular state, nor are they engaged in conflict against a ruling government or regime of a state. However many of the laws and rules in place are still relevant and effective even in today’s extremely complex international arena. This topic is one that requires discussion because states need to know when it is legal for them to invade another state and when it is not. Also to outline the consequences of an illegal action in regards to these laws as well as other problems and dilemmas that may arise from this topic. But sometimes situations can call for action immediately. When you must wait on a committee of representatives to vote on the legality of the proposed invasion, you may stand the chance of losing valuable time and effectiveness against enemy combatants. Legal Background The legal background regarding this topic is vague...
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...AL LIABILITY AND THE USE OF FORCE Margaret Barnes LEG-320 Criminal Law Professor Muhammad Strayer University Date: 01 February, 2013 Criminal liability and Use of Force 1. The crime of solicitation takes place when a person invites, commands, requests, and hires or urges another person to commit a specific offense (LexisNexis, n.d.). For a solicitation to take place, the offense does not have to be consummated. This means to say that solicitation of crime is complete after it has been communicated to another. In certain states even as a joke or a hoax can constitute a crime of solicitation because the authorities cannot know when a person may only be joking; others may also use jokes to hide their true intent (Gardner & Anderson, 2011). An example of solicitation is a pimp asking a girl to commit prostitution. The pimp is considered to have committed a crime because prostitution is illegal. The girl though cannot be considered to have committed the crime unless she would actually offer sexual services to another person in exchange for money. Another example is an employee who agrees in an employment contract not to solicit business from a company’s customers after the contract has terminated but sends a letter of solicitation to company customers once his or her employment contract ends. The letter constitutes a solicitation and is considered illegal. However, in order to prove that a defendant is...
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...Use of Excessive Force by Police Use of Excessive Force by Police Police officers are given a significant amount of discretion simply due to the nature of the job. Officers are faced with many threatening situations forcing them to react quickly, yet appropriately. They have the power to infringe upon any citizen’s rights to freedom and therefore they must use this power effectively. One major concern with the amount of discretion officers have is their power to decide when to use force or when to use lethal force. Manning (1997) argues that it is generally accepted that police should be allowed to use force. He also explains that there are an uncertain amount people who agree on as to what constitutes excessive force. The line between what is necessary and what is extreme is very thin and hard to see. Use of force is no doubt one of the most important aspects in policing; however, force should also be used with great discretion. The community policing style is defined by David Allender (2004) as a philosophy of full-service, personalized policing where the same officer patrols and works in the same are on a permanent basis, from a decentralized place, working in a proactive partnership with citizens to identify and solve problems. The most important factors to community policing include personalization, partnership and problem solving (Allender, 2004). The idea is to create a relationship with citizens that are both trustworthy and honest. When officers begin to use force...
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...Use of Force “Police rarely face charges after a deadly encounter with a civilian. When they do, the case rarely ends with a conviction.” The use of force has been questioned a lot lately because of the recent police shooting. The amount of force is necessary is unique to each situation, may change as a situation evolves, and often depends on the experience level of the officer. Use of force is an accepted part of police work. Just making an arrest is a use of force. The use of force is allowed by law until the force becomes excessive, at which point the action becomes criminal. Excessive force refers to a situation where government officials legally entitled to use force exceed the minimum amount necessary to diffuse an incident or to...
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