38 ). Section 25, part one in the CCC addresses how law enforcement officer are mandated and entitled to enforce the law, doing so they have to act justifiably and responsibly (Martins, 2016, p. 38). Section 25, part three in the CCC outlines how officers are to deadly or lethal force; this type of force is only mandated in situations where the law enforcement officer believes lethal force is necessary in order to safeguard one self or an other individual (Martins, 2016, p. 38-39). In conclusion, enforcement officials are mandated to use force in certain situations to regain control. What society fails to see is that officers can also be brought before the courts if they did not act on reasonable grounds and use “excessive force” (Martins, 2016, p. 43).
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
But in the case of a civilian yelling at you, if he gets closer and indulges himself in a fight with you, his actions are not justified. In the case of Ferguson, the scenario is a bit different. Michael was not walking on the sidewalk rather he and his friend Johnson were walking in the middle of the street. Moreover, Michael was apparently not an innocent civilian, he had just committed a robbery.
Today in the United States, police officers are held to the highest regards when it comes to serving the community; however, the policies for Unlawful Force as it refers to excessive or deadly force used by an officer needs to be changed; more too often, the media is reporting that police officers have shot and killed an unarmed suspect, subsequently, the penalty for many officers have resulted in a not guilty verdict. There is a massive outpour from communities across every state, demanding the revamping of unlawful force polices, that would hold police officers accountable for their actions if found guilty of murder, their crimes should hold no lesser penalty than other citizens within the United Sates. Currently, it appears that the policies
According to NIJ (2009), the law enforcement officers are taught the correct way to use the use-of-force continuum and are expected to use the appropriate amount of force to resolve any situation. The NIJ (2009) added that, depending on the circumstances of the case, a law enforcement officer can be very impulsive in the use-of-force continuum. Each level of force is flexible to change with the escalation and
In the field of law enforcement, professions can range from uniformed officers, investigators and the support sections. These three different categories can be found in the local, state and even federal government levels. While working in the line of duty, the public depends on the law enforcement to protect the people and the community in which they live in. Even while off duty officers are expected to enforce authority when necessary. Being professional on and off the clock as a police officer or law enforcement officer can really set the image for yourself as well as your department you represent.
The fleeing felon rule is when the police are chasing a felony suspect and he or she is fleeing from the scene. The officers are allowed to use force to stop the fleeing suspect, that includes the use of deadly force. However, deadly force can only be used if the officer has probable cause to believe that suspect would be a threat to the community. Force can be used by the victim, bystanders, and officers, but, deadly force can only be used by the officers.
Police officers deserve respect and should be given the benefit of the doubt in cases of lethal force. The danger inherented in their jobs needs to be taken into account. “I find one thing in common. What I see lacking is respect for authority,” said Gary Koranda from USA Today. When we have people walking around shouting out cruel stuff to the police, that 's wrong.
“Militarization of policing encourages officers to adopt a ‘warrior’ mentality and think of the people they are supposed to serve as enemies” (Levs, 3). The police, militarized units, and other authorities had the task to safely calm the violent protests, and to prevent the protesters from continuing to damage the city. The tactics that they used were not only unnecessary, but also extreme. Lt. Gen. Russel Honore said, “The tactics they are using, I don’t know where they learned them from, it appears they may be making them up on the way. But this is escalating the situation …
There's a line that an officer can't cross and that's when they use excessive force, any amount of force by a law enforcement officer that is beyond the minimum necessary to achieve legitimate law enforcement objectives. A type of force that rarely an officer uses is deadly force, the use of lethal force by an officer. The court will only consider the use of deadly force responsible only when it is an absolute last resort. That is why the Supreme Court invalidated the fleeing-felon rule, which they rule that it was acceptable practice in many jurisdictions to use deadly force when a felon fled from an officer regardless of the immediacy of threat involved in the situation. An example of when an officer can use deadly force is when the officer reasonably believes there is a substantial imminent risk that the person to be arrested will cause death or serious bodily harm to the officer or to another person in the
Mr. Meeks had received the proper assistance legal assistance in the court hearing. Mr. Meeks denial for continuance did not violate his right due to the defense already cross examining the witness. The 911 call also didn’t not violate Mr. Meeks rights because the tape was valuable to paint the picture of the scene to the jurors at the time of the shooting. Mr. Meeks claims insufficient evidence to convict for first degree murder and he claims it was at the heat of the moment he shot Mr. Green. The evidence was there, Mr. Meeks sought out to look for Mr. Green challenged him to fight, when Mr. Green wanted to stop Mr. Meeks brandished the hand gun and shot at him not once but six times.
In short, “Terry v. Ohio” allows a law enforcement officer to conduct a “Frisk” or “Pat Down” of the suspect/s outer clothing for weapons, if that law enforcement officer believes that the suspect/s could be armed with a weapon. However, the
Law enforcement and citizens each have their own explanation and definition what excessive force is and how it should be handled. There are different ways how law enforcement uses their excessive force which could have been different in the past from now. There needs to be various amount of changes in the police department to reduce the incident of excessive force. Excessive force is a current issue that needs to be reduced to justify every case correctly and avoid this hot controversy. All individuals in society have their own definitions and point of views on what excessive force is and how it should be handled.
At what point does enforcing a law with physical or verbal force turn to abuse or just simply go to far? This muddy subject means many different things to many different people. Is it the point when even after someone is captured the beating continues? Police brutality is considered to take place when someone in law enforcement is over enforcing a law or using excessive force? This can come in the form of verbal or physical abuse.