Just the Facts
If an officer learns after the fact that what he perceived to be a weapon was actually a toy gun, a cell phone, or even a wallet, the standard by which the action will be judged will come from what the officer knew at the time. Officers need not, and often times cannot afford to, wait for a subject to pull the trigger or try to stab them before they react. Instead, they must weigh the totality of the circumstances and make a decision based on the facts available to them at the moment.
The objective reasonableness standard establishes that officers are not just limited to the least amount of force possible. More so, officers are taught in to use only that force that falls within the spectrum of what might be …show more content…
Officers are taught at the police academy to meet deadly force with deadly force. They are trained and given the techniques and skills to make sure they make it home at the end of their shift, and they spend extensive time training in the use of firearms.
It's important to realize that, when discussing the use of deadly force by police officers, the expected result of a subject's actions don't have to be death. Instead, deadly force is described as actions that would likely cause death or bodily harm, which could include permanent disfigurement without necessarily causing death.
The type of weapon in officer chooses to used is an important factor in an officer's decision to use deadly force. To a police officer, deadly force is deadly force, whether the subject is wielding a knife, an ax, a gun or even a baseball bat. All of these have the potential to take a life or cause severe bodily harm. To be justified in using deadly force, officers must be able to articulate that the perpetrator had the apparent ability, opportunity and reasonably perceived intent to commit an act likely to cause death or great bodily …show more content…
Officer and PerpetratorFactors
Another important consideration is the officer himself as compared to the subject in question. An officer who is 5'1" and 105 pounds may be justified in using greater force against a subject who is 6'3" 240 pounds than would a taller, heavier and stronger officer in similar situations.
Uses of Force More Complicated Than First Looks Suggest
All of this goes to demonstrate that uses of force by corrections and police officers are most often far more complicated than a single news report makes them appear. Law enforcement jobs are known to be reasonably dangerous jobs, and officers are often placed in circumstances where they are required to make instantaneous life and death
Sadly, According to Ross, the training given to law enforcement officers is inadequate and, in many instances, even biased against those who they think are a threat. In truth, there is no uniform preparation of law enforcement officers, no federal rules or guidelines regulating their training, and as of yet, no consistent set of federal standards for police confrontations (Ross). Envisioning a
In the model it urges the officer to consider specific factors before determining if force is necessary to cause compliance. The factors that the officer must consider are “the severity of the crime, if there is a flight risk or the resistance of arrest”. Deadly force in Minnesota is permitted only if it serves in “protecting the officer from death or bodily harm, effect the arrest or capture, or prevent the escape, of a person whom the officer knows or has reasonable grounds to believe has committed or attempted to commit a felony. For example, if the suspect used or threatened to use lethal force, or if the police officer believes that the suspect will cause death or great bodily if they are not apprehended”. The policy encourages the police officer, if feasible to issue verbal warnings before using deadly
How do police decide how much force should be used in a situation and how has that changed throughout the year? Has Tennessee v. Garner been effective in protecting individuals against excessive force? Before the case Tennessee v Garner in 1985, how to police decided if they should use deadly force determined by one of four groups; these four groups were The Any-felon Rule; The defense-of-life Rule; The Forcible Felony Rule, and The Model Penal Code. The extreme one was the Any-Felony Rule which was “English common law authorized officers to use any means necessary to arrest felony suspects or prevent them from fleeing. In the United States, courts interpreted this rule as legal permission to shoot an unarmed felony suspect in flight” (Tennenbaum)
Did you know that White Americans have a higher chance to be frisked than to be shot? That is the opposite for African Americans. They have a higher chance of being shot before being frisked. But to push this farther, cops are trained on reaction. If you quickly put your hand in your pocket and you don’t do as told, police may think you have a dangerous item in your pocket, so you end up wounded or tazered.
While officers can legally use physical and even deadly force under some circumstances, police have engaged in unjustified shootings, unnecessarily rough treatment, and severe beatings. The increase of police brutality has caused citizens
If the law enforcement were to reduce the amount of force the officers are allowed to use, crime would simply be even more out of control. I say because if the officer can 't get control the suspect will easily take advantage of the officer. The current amount of force an officer can use is efficient, for the this reason the police officers have to right to protect themselves along with the community. The law allows police officers to use deadly force if
It can be hard to prosecute a cop for these actions due to the constant state of threat a cop’s life is at while doing their job and the unpredictability of their job. An example of an case where the police’s use of force were questioned was the Wardlaw v. Pickett case. In this case a man named, William C. Wardlaw decided to sue the United States Deputy Marshals, William Pickett and Albert Crew. Wardlaw claimed that the two violated his constitutional rights by using excessive force on him and falsing arresting and prosecuting him.
One common opinion is that officers should not use more force than is necessary or reasonable, and even then, that force should be used only as a last resort. “Police use force to affect civilians’ conduct. On a day-to-day basis, they do so most often by employing the least degree of force available to them, their mere presence. Cops wear uniforms and drive distinctly marked cars so that, without saying a word, they may have an effect on citizens’ behavior” (Fyfe, 38). When an officer’s presence fails to fulfill the desired conduct, the next course of action for said officer would be verbalization.
For years now there has been a lot of controversy involving the looming question: Is the criminal justice system racist? Racism is prejudice, discrimination, or antagonism directed against someone of a different race based on the belief that one 's own race is superior. Ever since the Trayvon Martin case of 2012, the justice system has been in a complete downfall including all of the police brutality cases since then also. According to sources, 1 of every 4 African American males born this decade are expected to go to prison in their lifetime. Census Bureau reports that the U.S. is 13 percent percent black, 61 percent white, and 17 percent latino.
For decades now, the controversy over deadly force has continued to show up in the news when police officers have acted in a manner that some citizens find just while others deem completely unfair. Many lawsuits stemming from shootings and crimes have found their way to local courts or the Supreme Court to deal with this issue. A portion of the U.S. population finds deadly force unnecessary when non-lethal weapons such as pepper spray or batons just as easily subdue the criminal. In addition, these citizens argue that officers might be liable for cases filed against them if they use excess force on people that seem suspicious but have not actually committed a crime. On the other hand, the opposing argument in favor of deadly force states that
In today’s modern society, many feel that is okay for a police officer can kill a man armed with a harmful weapon at any cost. On many news channels, there are various amounts of articles and reports about a police officer committing this act. Even though a police officer has the right to take action against an armed man, this could be argued in many circumstances. In the 2013, Sammy Yatim was a young adult with a mental illness and was armed with a weapon on a streetcar in Toronto. Yatim was confronted by Const.
The reason as to why police brutality is unethical is simple. It kills a lot of people and is not necessary. However, what are the reasons as to why police brutality has become such a problem in the United States? One can argue the police officers take advantage of how much authority their occupation comprises of. If a cop shoots and murders a person, they claim that they were using self-defense or some other kind of excuse.
Weapons are deemed as a significant element for military strategies all over the world. Overtime, these illicit weapons distributed to police forces have caused injuries some at minor at levels and whilst some are deemed at extreme levels. Electronic stun devices and other less-lethal weapons are marketed as offering unmitigated benefits to both police and public safety, with this statement there are various problems also associated with these devices such as unnecessary injury and deaths. There are various intentional injuries that police officers are affected by whilst working, the prevalence of injury in the force is rather high. By the 1800s, after departments and police departments distributed weapons and demanded the use of force that
The public has a misconception that deadly force is the same thing as excessive force. They can be similar if the police use deadly force to a point where every officer discharges their entire magazine on person when the threat has been eliminated. Officers receive hours of training on how to shoot a gun, but sometime receive little instruction on how to determine when to use the gun. Training starts in the Police Academy, and continues throughout their careers. There are officers who teach and train the departments every month.
Law enforcement agents are should behave to a standard that is greater than the average civilian. Police brutality comes from an abuse of power granted to the police. Police brutality is often drawn on by overreaction in certain situations drawn on by panic. Police using excessive force in the United States is a crucial dilemma and must be stopped.