Use of force is the amount of force used in a given situation during police work. The police are supposed to follow the continuum when it come to using force. This continuum is known as the “Use of Force Continuum”. Despite this, use of force is still a constant problem in policing. There are many cases where a cop are sued for using more force than necessary, sometimes on purpose and sometimes by accident.
Custodial violence, including torture and death in the lock-ups, strikes heavy blow at the rule of law which demands that the powers of executive should not only be derived from law but also that they should be limited by law. The law of arrest expects both individual rights and the states’ collective responsibility towards the society. In most scenarios it becomes a challenge to strike a perfect balance between both. Transparency of action and accountability are two possible safeguards to prevent any abuse of power to arrest a citizen. Custodial violence broadly includes custodial deaths, torture and as per the new trend in the crime pattern even custodial rapes.
While being exposed to many unethical temptations the Border Patrol Officers are required to safeguard the Constitution of the United States and protect homeland as well as uphold Americans freedoms. The most important concept that is echoed throughout the criminal justice profession is integrity. CBP and the Fort Collins Police Department imply that this principle is the cornerstone of their agency and places the utmost emphasis on ethical and moral principles. The significance of the concept is to ensure that officers understand what conducts honor for your organization and
Salmond standing opposed to Winfield opines that there is no “law of tort” (meaning no specific principle of establishing tortious liability) but merely “law of torts”. What he meant to say is that the law of torts consists of a number of specific rules prohibiting certain well-defined harmful acts prohibited by Common Law. This means that there is a certain list of commissions and omissions of acts which under specific situations are actionable in a court of law. Hence according to Salmond, people are only allowed to file a case against that specific act or omission which comes within one of these recognized categories. Like law recognizes specific acts like theft, forgery, dacoity, murder, rape and etc.
Often, to claim complete acceptance and membership, an officer must act contrary to what their own value systems dictate. Instances where fellow colleagues overlook incidents of misconduct or corruption, rationalize the use of excessive force, falsify reports or even suppress evidence as they feel compelled not to “rat” (or tell tales) on their associates are examples of officers maintaining the blue code of silence. (Nwugwo, Boniface C., March 2001; Barry Daniel Patrick, 1999) An officer acting outside the acceptable group customs faces the possible jeopardy of being nicknamed a “problem child”. Much research has indicated substantially that, not surprisingly, the proverbial police code of silence does not just exist but actually pervades all levels of the fraternity, is perpetrated even by higher administrators in the system and often expects police officers to turn a blind eye to witnessed misconduct by their fellow officers. (Barry, D P
Non-pathological criminal incapacity is the instance in which the accused alleges that they were unable to direct their conduct with insight to what was right and wrong. This conduct is due to a brief emotional disturbance that may be caused by emotional stress or anger. This means that a person lacks criminal capacity during a limited period of time due to a non-pathological cause. 2 2 Position of the defence prior to S v Eadie Non-pathological criminal incapacity was not a recognised defence before 1987 until the decision in S v Campher. The law changed when consideration was given to a certain legal principle that the law must treat all people on an equal footing.
It is no secret that are there many issues in Trinidad and Tobago (T&T) that need serious address, action and resolution. Some of these problems arise as a result of the inadequacies in the legal and the criminal justice system. The following are my observations as well as my ideas on how to overcome these inefficiencies in T&T’s society. Firstly, crime has maintained its position as the number one problem facing Trinidad and Tobago. Crime, whether it is violent or petty, has an extremely negative impact on every member of the society as well as the tourism industry.
It requires the amalgamation of an investigator’s patience, consideration and knowledge in a variety of disciplines. Without the right mix of elements when interviewing a witness or suspect, even a potential lead would generate no further progress for an investigation. Science and technology have made considerable progress in its own domain of identifying clues in a crime through pragmatic approach such as DNA test. However, science still cannot be fully certain about the brain. Memory of witnesses is powerful ‘evidence’ but yet it is also vulnerable.