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                                 Excessive Use Of Force By Police

                                             Introduction

         In most cases the Police officers are legally allowed to partially use force. The police

superior and the public at large expect this due to the nature of the police duties that requires

them to do so when appropriate. In order to deal with the disorderly elements of the society,

people who work in the law enforcement agencies may gradually develop the attitude or the

sense of commanding authority over the society, this is evident in the traditional reaction-based

policing models; in most cases the police hold the believe that they are supposed to be above the

law. (Merle, 2004)

         Reports link the Police with the causes of misconduct as result of the systematic factors

that originates from the police force itself. These are as follows; the Pressures to conform to the

aspects of the police culture which are designed to sustain a substantial opposition to the criminal

subculture while protecting the police force interests, this goes to the extent of violating the law

while at the same time the outsiders are viewed in a suspicious perspective or with a lot of

distrust. Secondly, there is the command and the control structures that have a very rigid

hierarchical foundation, with law enforcement the more rigid the hierarchy is, then the lower the

scores when measured on the scale of ethical decision-making thirdly, the deficiencies that are
Surname 2


created in the internal accountability the mechanisms especially in the internal investigation

processes.

                                        Police Use of Force

        The Police officers use of the excessive force is always kept in check by many

jurisdictions through the issuance of the force continuum that allows use of force to certain

extent. The force continuum sets relevant levels of force that are considered appropriate in the

direct response to a subject's behavior. This power is only granted by the civil government, and

has the limits that have been set out under the statutory law as well as the common law. (Stetser,

2001)

        The members of the public sometimes perceive the use of excessive force by the police as

an offence even when the force used is lawful. In the daily duties, the law enforcement officers

are faced with danger as they carry out their duties. In dealing with a dangerous or the

unpredictable situations, the police officers have very little time to organize themselves

psychologically and assess the ability to determine a proper response. Therefore, a good training

given to the police can enhance the chances of the officers to react properly to the situations or

the possible threats. The response that is accompanied with the appropriate tactics for addressing

the situations that possibly including some levels of force under the given circumstances.

        The Police are charged with the mandate to enforce the social order through the

legitimization of the use of force. The use of force describes the amount of efforts that is required

by police in compelling the compliance by the unwilling subjects. The levels, or the continuum,

of force that the police officer use include the basic verbal and the physical restraint, the less-

lethal force and the lethal forces.
Surname 3


       The amount of force that the police use should be the minimized to a point that is needed

for elimination of the threat that has been presented, in this way the risks are minimized and also

the severity of any kind of injury that may occur.

                                  Remedies to the police brutality

Police should do the following to remedy the situation;

   •   Make sure that those people injured receive immediate medical aid.

   •   Notify the family of any injured person.

The officers should be given supplementary guidance from the individual agencies, there should

be no universal set of the rules to govern the officers as to when to use force and how much.

The level of force that the police officer use vary basing on the situation, due to of variation, the

guidelines for the use of force can be based on many factors, these include;

   •   The experience of the police department.

   •   The Federal and the state mandates.

   •   Availability of the law enforcement technologies.

   •   The relationships that exist between the police and the citizens in a given jurisdiction.

                                   Police-Community Relations

   The controversy that exists over firearms policy and the use of excessive force by the police

is tied to the overall quality of the relations between the community and the police. In the

situations where the police and all the general community develop good relations, then the

friction is generally minimized. The perception of the police to the civilians should be that of a

concerned professional. This leads to greater respect in all the segments of the community. The

confidence of the police officers to count on the support of all the community in the performance

of their duties gives them a greater sense of responsibility in doing their job (Justice.gov, par 6).
Surname 4


A very effective police-minority relationship can immensely contribute to the reduction in the

incidents of excessive police force. However, if an incident of a police officer excessive force

does occur, then the public is likely to give a response with a very open mind due to the positive

relationships and the trust that has been built up with the police through their daily experience.

The community organizations on the other hand might consider the possibilities which may act

as an aid for the improvement of the relations with the police. Another way is through the

Exploration and the establishment of communications links to the professional police

associations as well as the linkage with the police union.

                                             Conclusion

       Most people have a crude understanding that if the police officers use excessive force on

a civilian then that is a criminal offense. That is not the case but it is an occupational crime since

it is committed while the police officers are operating in their legitimate occupations. If a police

officer Abuses a citizen then that is the violation of the trust that has been implied to the position

officer’s position and the power bestowed upon the officer (Social.jrank.org, par 5). The

Excessive abuse of force tends to violate the state laws, federal laws, and the constitutional

rights. By considering all these violations, it is assumed that the conviction of an officer in

relation to violence is revered with much fervor. From my research I made the conclusion that

the general public prefers that the police officers involved in violence should be punished, but

the police the police on the other hand cannot accept such an action. The offenders learn this acts

of brutality through the organization’s failure to give them proper training especially on the

importance of controlling of some situations through the use of minimal force. In the practical

contexts the excessive force users are rarely punished. The manner in which the police force

organizes its departments are tends to encourage the police to use force through their approach.
Surname 5


       The Police have the right to use force in protecting themselves, however the extent

beating up a suspect who has been restrained or one who has surrendered is not justified for self

defense. Therefore actions need to be taken in order to diminish the crime of caused by the police

brutality. Good utilization of the interdisciplinary police units, the justice system, and the police

officers trainers can work together to deter the police brutality. The justice system needs to

actively pursue and punish the offenders within the police system. On the other hand the Police

must do more on their part to change the structure of the police force in order to sanction the

officers who abuse their power thereby preventing the new officers from learning the bad

behaviors
Surname 6


                                           Reference

Johnson, Merle. Street Justice: A History of Police Violence in New York City. Beacon Press.

       2004

Justice.gov. 2010 Police Use Of Excessive Force; A Conciliation Handbook For The Police And

       The Community. http://www.justice.gov/crs/pubs/pdexcess.htm (Accessed Feb 22, 2011).

Stetser, Merle. The Use of Force in Police Control of Violence: Incidents Resulting in Assaults

       on Officers. New York: LFB Scholarly Publishing L.L.C.2001

Social.jrank.org. Law Enforcement - Use Of Force. <http://social.jrank.org/pages/1332/Law-

       Enforcement-Use-Force.html> (Accessed Feb 22, 2011).

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Mla style term paper excessive use of force by police

  • 1. Surname 1 Name: University: Course: Tutor: Date: Excessive Use Of Force By Police Introduction In most cases the Police officers are legally allowed to partially use force. The police superior and the public at large expect this due to the nature of the police duties that requires them to do so when appropriate. In order to deal with the disorderly elements of the society, people who work in the law enforcement agencies may gradually develop the attitude or the sense of commanding authority over the society, this is evident in the traditional reaction-based policing models; in most cases the police hold the believe that they are supposed to be above the law. (Merle, 2004) Reports link the Police with the causes of misconduct as result of the systematic factors that originates from the police force itself. These are as follows; the Pressures to conform to the aspects of the police culture which are designed to sustain a substantial opposition to the criminal subculture while protecting the police force interests, this goes to the extent of violating the law while at the same time the outsiders are viewed in a suspicious perspective or with a lot of distrust. Secondly, there is the command and the control structures that have a very rigid hierarchical foundation, with law enforcement the more rigid the hierarchy is, then the lower the scores when measured on the scale of ethical decision-making thirdly, the deficiencies that are
  • 2. Surname 2 created in the internal accountability the mechanisms especially in the internal investigation processes. Police Use of Force The Police officers use of the excessive force is always kept in check by many jurisdictions through the issuance of the force continuum that allows use of force to certain extent. The force continuum sets relevant levels of force that are considered appropriate in the direct response to a subject's behavior. This power is only granted by the civil government, and has the limits that have been set out under the statutory law as well as the common law. (Stetser, 2001) The members of the public sometimes perceive the use of excessive force by the police as an offence even when the force used is lawful. In the daily duties, the law enforcement officers are faced with danger as they carry out their duties. In dealing with a dangerous or the unpredictable situations, the police officers have very little time to organize themselves psychologically and assess the ability to determine a proper response. Therefore, a good training given to the police can enhance the chances of the officers to react properly to the situations or the possible threats. The response that is accompanied with the appropriate tactics for addressing the situations that possibly including some levels of force under the given circumstances. The Police are charged with the mandate to enforce the social order through the legitimization of the use of force. The use of force describes the amount of efforts that is required by police in compelling the compliance by the unwilling subjects. The levels, or the continuum, of force that the police officer use include the basic verbal and the physical restraint, the less- lethal force and the lethal forces.
  • 3. Surname 3 The amount of force that the police use should be the minimized to a point that is needed for elimination of the threat that has been presented, in this way the risks are minimized and also the severity of any kind of injury that may occur. Remedies to the police brutality Police should do the following to remedy the situation; • Make sure that those people injured receive immediate medical aid. • Notify the family of any injured person. The officers should be given supplementary guidance from the individual agencies, there should be no universal set of the rules to govern the officers as to when to use force and how much. The level of force that the police officer use vary basing on the situation, due to of variation, the guidelines for the use of force can be based on many factors, these include; • The experience of the police department. • The Federal and the state mandates. • Availability of the law enforcement technologies. • The relationships that exist between the police and the citizens in a given jurisdiction. Police-Community Relations The controversy that exists over firearms policy and the use of excessive force by the police is tied to the overall quality of the relations between the community and the police. In the situations where the police and all the general community develop good relations, then the friction is generally minimized. The perception of the police to the civilians should be that of a concerned professional. This leads to greater respect in all the segments of the community. The confidence of the police officers to count on the support of all the community in the performance of their duties gives them a greater sense of responsibility in doing their job (Justice.gov, par 6).
  • 4. Surname 4 A very effective police-minority relationship can immensely contribute to the reduction in the incidents of excessive police force. However, if an incident of a police officer excessive force does occur, then the public is likely to give a response with a very open mind due to the positive relationships and the trust that has been built up with the police through their daily experience. The community organizations on the other hand might consider the possibilities which may act as an aid for the improvement of the relations with the police. Another way is through the Exploration and the establishment of communications links to the professional police associations as well as the linkage with the police union. Conclusion Most people have a crude understanding that if the police officers use excessive force on a civilian then that is a criminal offense. That is not the case but it is an occupational crime since it is committed while the police officers are operating in their legitimate occupations. If a police officer Abuses a citizen then that is the violation of the trust that has been implied to the position officer’s position and the power bestowed upon the officer (Social.jrank.org, par 5). The Excessive abuse of force tends to violate the state laws, federal laws, and the constitutional rights. By considering all these violations, it is assumed that the conviction of an officer in relation to violence is revered with much fervor. From my research I made the conclusion that the general public prefers that the police officers involved in violence should be punished, but the police the police on the other hand cannot accept such an action. The offenders learn this acts of brutality through the organization’s failure to give them proper training especially on the importance of controlling of some situations through the use of minimal force. In the practical contexts the excessive force users are rarely punished. The manner in which the police force organizes its departments are tends to encourage the police to use force through their approach.
  • 5. Surname 5 The Police have the right to use force in protecting themselves, however the extent beating up a suspect who has been restrained or one who has surrendered is not justified for self defense. Therefore actions need to be taken in order to diminish the crime of caused by the police brutality. Good utilization of the interdisciplinary police units, the justice system, and the police officers trainers can work together to deter the police brutality. The justice system needs to actively pursue and punish the offenders within the police system. On the other hand the Police must do more on their part to change the structure of the police force in order to sanction the officers who abuse their power thereby preventing the new officers from learning the bad behaviors
  • 6. Surname 6 Reference Johnson, Merle. Street Justice: A History of Police Violence in New York City. Beacon Press. 2004 Justice.gov. 2010 Police Use Of Excessive Force; A Conciliation Handbook For The Police And The Community. http://www.justice.gov/crs/pubs/pdexcess.htm (Accessed Feb 22, 2011). Stetser, Merle. The Use of Force in Police Control of Violence: Incidents Resulting in Assaults on Officers. New York: LFB Scholarly Publishing L.L.C.2001 Social.jrank.org. Law Enforcement - Use Of Force. <http://social.jrank.org/pages/1332/Law- Enforcement-Use-Force.html> (Accessed Feb 22, 2011).