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. 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. Wardlaw and the two Marshals ended up giving different stories, but the story that was used under law was Wardlaw’s story. The court ended up taking the Marshals’ side in this case as they felt the use of force was not excessive (“William C. Wardlaw, Appellant, v. William R. Pickett, Deputy United States Marshal, Et Al., Appellees, 1 F.3d 1297 (D.C. Cir. 1993)”). Wardlaw’s story stated that on June 7, 1988, Him and a man named John Heid was watching a court hearing. When the judge of the hearing announced a recess, a Marshal, named Donald
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The case that I have found to write about is the case of Shakeel “Blam” Wiggins and the New York Police Department in New York City which happened in September of 2013. This case was originally tried in the state of New York court in New York City. It was based on the fact that a NYPD cop didn’t properly fill out a search-warrant application that turned up a weapon as well as a handgun and a cocaine cache. Unfortunately, Mr. Wiggins is an accused drug dealer with a prior record and he may likely walk due to “a technicality.” Therefore, the New York City Police Department as well as the New York City police union were very upset because a dangerous person may be back on the streets due to a supple mistake.
Utilization of Force Continuum are to a great extent in light of the basic law elucidation that cops need not withdraw when stood up to with resistance and the Tennessee v. Earn (1985) and the Graham v. Connor (1989) choices by the United States Supreme Court, which held that there must be a target sensibility while assessing the sort of power
Police officers are learned in the academy about force continuum. Force continuum are considers police presence, verbal commands, threat of force, non-lethal compliance techniques, disabling techniques and lethal force. Now, be mindful depending on your police department policy, the incident situation, the officer and the area in which that officer polices these force continuum does not always goes as plan. When officers arrived to an incident location or witness an incident and confront the individual about the incident, he or she is showing officer presence. The presence of a police officer in uniform, marked police patrol vehicle, a plan clothes officer with a vest stating the officer department or depending on the situation a badge can
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
Police work is unpredictable and is very dangerous. In some situations, officers may have to utilize use-of-force tactics in order to gain control of a certain situation. This essay will focus on the discussion of polices discretion to use force limited to a suspect who is being “uncooperative” and what mitigating factors may escalate or de-escalate force response by an officer. Written guidelines have the effect to limit the amount of discretion that an officer might use during stressful and dangerous situations in which they find themselves.
A news report released by CNN on April 10, 2015 displayed three examples of use of force abuse by on duty officers. Of these three incidents the results were a man dying in police custody after a dog allegedly mauled him, a mentally ill man being was shot dead after his family called police asking for help, and an officer who shooting into a vehicle after a car chase, killing a man who was initially suspected of drunk driving. Of all three incidents the deceased happened to all be Black men. Incidents like so have led to the formation of groups like Black Lives Matter. Instances such as these open up debate about if police are using excessive force based upon the suspect’s race.
In some cases, police officers exert excessive force on individuals. The amount of force should be necessary for the situation. For example, a police officer should not use a weapon because a civilian will not obey an initial command. In the article, When Does Force Become Excessive?,
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 brutality is a strong and still ongoing activity that occurs till this day. It is a worldwide situation that needs to be confronted and handled immediately. There have been thousands of lives lost from unfair police officers; even little children’s lives have been taken away from them. Police officers are supposed to be our heroes and people that make us feel safe, not the enemy and whom majority of the people fear.
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 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
There are many pros and cons when it comes to the use of police force. The use of force is strictly a part of the job requirement of protecting and serving our community. It is the everyday battles that force police to make decisions that may seem a bit harsh at times. The use of force is only acceptable under certain circumstances and should only be used when absolutely needed. There are cases when civilians are saved by the use of police force, and there are cases when innocent people are hurt or even killed by the use of police force.
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.
Depending on who you ask, what one considers police abuse of power, another may not. Today, regardless of many views to its legal contrast to police organizations, abuse of police power can be realized in forms of action such as verbal, harassment, false arrest, assault, excessive use of force, and illegal killings. However, regardless of what one considers, when those consistent actions of abuse by the police become the norm, it not only creates abuse, but also a stigma towards the police. Police harassment, use of excessive force and/or deadly force is destroying police-minority community relations.