Police brutality has been an issue for more than a century. Between police officers and people of the community there has always been conflict on the rights for the people and how they are applied on the street or in action. The laws that were put in place to protect civilians were not strongly enforced at first but now today things have started to change. The most common reported abuse was towards African Americans, and the mentally ill. When police brutality started becoming an issue it was obvious that it was racism. Mentally ill are more susceptible to police brutality due to police officers not having the training to be able to handle situations. Every department should have the proper training to be able to handle every situation they …show more content…
In 2014 congress passed the Death in Custody Reporting Act also known as the DCRA. (Rushin, 118) The DCRA requires that all police departments report the death of a person no matter when it happened if they were in the process of being arrested, under arrest, or detained it has to be reported. The FBI and Bureau of Justice created this database; it’s a national database that was created to log all the civilian deaths caused by law enforcement, in the hopes to show what can be done to fix the problem. The U.S. Attorney General is required to study the results and make the recommendations needed to congress on the federal government decisions to help reduce the amount of deaths in custody. (Rushin …show more content…
“The First Amendment grants the people of the United states the right to peacefully criticize law enforcement. This law doesn’t come without conditions, criticism of law enforcement duties loses protection when ‘no essential part of an exposition of ideas and [is] of such slight social value as a step to truth that any benefit that may be derived from [criticism] is clearly outweighed by the social interests in order and morality’”. ( Shah, 226) Included in the First Amendment is the right for free speech and press.
“The Forth Amendment is the general right to be from ‘unreasonable searches and seizures.’ That provision has generated a complex of body case law focused on the use of force by police. The U.S. Supreme Court ruled that law enforcement could only use force proportionate to the threat faced by officers or the public.” (Garrett and Stoughton, 216) The First Circuit Court of Appeals addressed an issue on a case that took place October 2007. “Glik saw three officers arresting a young man, and out of concern the officers were using excessive force. Glik stated o take a video on his cell phone approximately ten feet away. One officer asked if Glik was recording audio and he stated he was, the officer arrested him for violation of the wiretap law and confiscated the phone. Charges were dismissed.” (Shah, 218) Glik later filed a civil action against the officer under the 42 U.S.C. Glik stated in the civil action against
The 1989 case of Graham v. Connor follows the story of Dethorne Graham, and his interaction with a City of Charlotte police officer, M.S. Connor, and how the actions taken by Connor on the day in question had violated the fourteenth amendment’s due process and equal protection clauses. While police presence and involvement in our communities is vital to the success of a community, the infringement of an individual's rights based upon presumption without reason stands to be an incredible threat to liberty. Connor’s use of excessive force in the detainment of Graham. This case is a strong one for the reform of police protocol, as well as for the protocol for excessive force, and the reasonable person standard. The decision of this case is attributed
The Weeks v United States case was the Supreme Court basis in determining to incorporate the Fourth Amendment into the Fourteenth Amendment due process clause and apply the exclusionary rule in state cases. In this essay, I am going to discuss the reason why the Supreme Court determine that the exclusionary rule should apply to the state police activity. Prior to the case of Weeks v United States, the state police activity “were not limited in their conduct by the Fourth Amendment” (Ingram p.81) and the exclusionary rule of Fourth Amendments illegal search and seizure only applies to federal law enforcement officers. Basically, it means that state law enforcement officials can illegally search and seized criminal activity evidence and court don’t prohibit the use of illegally obtained evidence in the trial court.
Both criminals and officer should be protected. But not all situations are brutal from the 8th amendment, there may be people that watch footage in cases, and inform others. For instance watching the footage and blaming a police officer for using unnecessary force. Although it is an issue, in riot situations, many people believe that officers should have the right to defend themselves and others such as the surrounding; communities, people around, or even businesses. People consider that using tasers or pepper spray or even using just a little force is considered police brutality.
Billy is on the phone with Bob while they are talking on the phone and someone coughs and it is neither of them. Well, the government are the only ones who can hack phones and listen to phone calls, the 4th amendment has allowed this to happen. The 4th amendment has gavin the right to law enforcement to be cruel and unfair about a search and seizure. Without a warrant you cannot search a person, well not anymore, the government can search anyone at any time in some scenarios. Normally, there is an abundant amount of evidence used to be given the permission to search one’s belongings, but since 9/11 law enforcement needs little evidence to be provided a search warrant.
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.
Are we protected? Police Brutality is not a racial issue, it’s a social issue. Police brutality is a serious social issue occurring in the United States to say that we are united. This is a vital affair that is needed to be addressed to the three branches of government as soon as possible.
The whole point of the Fourth Amendment is not to completely stop the police, because the amendment can be waived if an officer has a warrant, or a person’s consent. The Fourth Amendment states that generally a search or seizure is illegal unless there is a warrant, or special circumstances. Technically stating that a citizen is protected by the Fourth Amendment, until a government employee gets a warrant, and then they can invade a citizen’s privacy. Also people state that the FISA Court’s warrants are constitutional, but the NSA’s surveillance is unconstitutional. Even though people do not like the NSA’s surveillance, the NSA is legal because the FISA Court that the people did not mind makes it legal.
Hey Juni, police brutality is definitely a major issue in today 's society. After the whole Rodney King beating, the world finally got a small glimpse of the law enforcement taking advantage of their power. Police authority have gotten so out of hand, that some actually feel more feared around officers than protected. The stereotype that officers are racist to African Americans is also a popular topic, but I believe all races of people are being mistreated by the police. More attention should be put on how officers use their rights and power in the work field, and how they can disfuse and correct problems with at the least amount of violence as possible.
Police brutality has been occurring since the idea of a police officer was first brought up. Officers have found many holes through the law enforcement system. This brings upon many types of misconduct and excessive force. Unfortunately, police officers are not usually held accountable for their brutality. “The Incentive Program, or the method of police chiefs using promises of contraband going to sub-departments that lack the money in the budget, gives officers more incentive to not only plant evidence to make an entire estate contraband, but it also lets them rationalize lining their own pockets” (White).
Police brutality will be an issue until a solution is created. Many individuals are victims of this form of assault on daily basis. The liberties held by law enforcement are challenged each time they perform their duties. Police officers should abide by the same laws that each citizen is expected to abide by. Although police officers are granted with the right to determine laws as constitutional, civilians are sometimes treated in ways that are beyond unlawful.
In recent years, police brutality has become an issue, and in
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
Police brutality remains a common yet controversial topic around the world. Police brutality is “the use of excessive and/or unnecessary force by police when dealing with civilians” (thelawdictionary.org). It’s a topic that segregates communities and makes each other their enemy. Specifically, a white officer has been the enemy of the black community. Unfortunately, the tension between police and blacks grew over the past few decades.
[ Imagine this scenario: you are complying with the police that are screaming at you, guns pointed at you, screaming “please don 't shoot” and trying your best to do what the police are asking. Daniel Shaver was an unarmed man fatally shot for no good reason. He was complying with the police officers orders and was begging for his life, screaming “please don’t shoot,” before he was fatally shot 5 times. Unfortunately, this is just one example of police brutality, an instance when police use unnecessary force when either they are unarmed or are complying with orders. Today I want to tell you of the injustice of police brutality, the people it affects, and how just asking the right questions could make sure that police are punished for their crimes.
Police Brutality is an ongoing problem and existent concern in the United States and should be resolved immediately. Law enforcement must function as an element that consists of organized and civilized officers. The presence of police brutality is becoming more of an issue as society grows. The problem posed by the illegal exercise of police power is an ongoing reality for individuals of a disfavored race, class, or sexual orientation. Police brutality must be stopped so that police do not forget who they are serving – not themselves, but the public.