The use of Force Criminal Justice Research Essay

The public has frequently brought up a number of concerns regarding the laws that support the use of force by law enforcement. Within the criminal justice system, there have been a variety of ambivalent attitudes, unfavorable objections, and positive views regarding the use of force. The quantity of force a law enforcement officer employs to persuade a criminal to obey the law is referred to as the use of force. In the course of their duties, law enforcement officials come across dangerous situations, and they are free to take the necessary precautions to manage them and complete their law enforcement duties. (Alpert & Dunham, 2004). It is surprising that no universal law exists concerning when a police officer can use force or the amount of force that can be applied. Instead, single law enforcement institutions set their own rules. This means that various police departments have varying standards concerning the use of force. However, the National Institute of Justice requires law enforcement officers only to use the necessary amount of force to protect themselves from death or harm, complete arrest, and control an incident. A certain amount of force may be necessary when an offender resist arrest by trying to push officers away or by running away (Micucci & Gomme, 2005).

Literature Review

Lack of variety in the focus group is one of the problems that available studies have. Studies like “Police Ethics and Integrity: Breaking the Blue Code of Silence” (Westmarland, 2005), highlights about the police perception of brutality but fails to provide the public perception. The study also depended heavily on the officer’s voluntary involvement.

In July 2017, a Philadelphia police were videotaped kicking and beating a suspect who engaged in a shootout, and a chase with officers and another video showed police in Lawrenceville kicking and punching a drunk driving suspect. Police have to use force to handle offenders every day. Although a concrete definition of excessive force does not exist, experts argue that any force beyond what is required to arrest an offender and keep bystanders and the police safe is excessive force. Certain moves such as choke holds are barred in some jurisdictions since excessive have varying meanings in different jurisdictions.

A study conducted by the Bureau of Justice Statistics on the contacts between the public and the police indicated that less than one percent of 44 million people who had contact with the police reported to have experienced force or were threatened. Despite the few cases reported, it still attracts public attention. Only one incident of the use of force can dramatically change the stability of the police department and its relationship with the public (Paoline & Terrill, 2007).

Furthermore, the International Association of Chiefs of Police stated that the racial attributes of the participants in using counter force are one of the most openly debated aspects of the use of excessive force by the police. The International Association of Chiefs of Police reported 8,148 incidents of police using excessive in which the police departments included racial descriptions for suspects and officers. Out of which, 3.4 percent involved African American officers using force against white suspects, and 7 percent African American police using force against African American suspects. Moreover, 44 percent of the white officers used force on African American suspects, and 39 percent of white officers used excessive force on white subjects.

Methodology

The research design is an exploratory research that aims to explore the use of force in regards to excessive force and escalation. This exploratory research design is used to gain an understanding of underlying motivations, opinions, and reasons for excessive use of force by law enforcement officers. It is a qualitative study that is used to uncover trends in the use of force by police officers and to dive deeper into the problem. The data collection methods used include observations, personal interviews, and group discussions. A clear definition of the use of excessive force does not exist since the terms are subjective. The research also involved seeking more information on the use of excessive force by the police in various types of books and journals in the library.

An in-depth study of the prevalence and nature of the use of force by the police is conducted. This phenomenon is becoming more visible in social networking and media due to the expansion of technology, thus increasing the value and importance of investing in such a study. Numerous people have made it a personal mission to publicize and monitor police actions to enhance accountability. Using simple diversified departmental statistics, individual interviews, and surveys can help understand the reasons and causes of the excessive use of force by the police. By incorporating all the collected information, this study would be in a position to provide the information required for change (Westmarland, 2005).

Surveying a fixed location inhibits the representation of some socio-economic lots that may have distinct experiences and interpretations of the police and the use of excessive force. Furthermore, a door to door survey in communities will enhance the success rate of the survey than in public centers where people are busy and in a rush.

Findings and Discussions

The survey contained five to ten questions that were to take less 2 minutes to complete answering. Some of those questions include, “How would you describe the use of excessive force by the police?” most of the respondents gave different answers but with similar meaning. The answers revolved around police mishandling suspects. The second question was,”how many times have experienced or witnessed police officers using excessive force?” The respondents gave different answers although most of them reported having witnessed an increased level of law enforcement officers using excessive force on law offenders. This is an indication that the police are acting against the law. “What events resulted in the level of force used?” Most of the interviewees wrote those police officers feel disrespected when arresting suspects who are resisting and interfering with the arrest.

Causes of Using Excessive Force

The main reason for using excessive force which results in police brutality, is the perception that law enforcement officers are soldiers in the war against crime. This war mentality compels the police officers to act in a way that is not allowed under normal conditions. The police officers adopt this perception because of politicians who publicize that tough officers prevent crime, and because of the public whose fear of crime is elevated. Most suspects complain that they do not need more than a guiding arm, but those who resist may provoke a violent response. The police and the public understand that in some cases, that force is not only unavoidable and necessary, but is a requirement if destruction of property, death, and serious injury is to be avoided (Alpert & Dunham, 2004).

When handling civilian offenders, the amount of force an officer can apply during an arrest places them in a very unbalanced situation. Discretion refers to when a police officer makes choices and decisions basing on a current situation by following a subjective judgment without reference to any procedures and policies. This provides a leeway to the police as to when the use of force is necessary within certain guidelines. For example, a police officer may not beat person robbing a store, but if the robber killed or harmed someone during a robbery, the police can beat the man up. The police are allowed to do this because the robber posed a clear threat of danger to the police and other human beings present. Therefore, police officers are permitted to adopt a precise course of action to match the circumstance, since if they act too lenient or forceful, they can be chastised by the public or their superiors. The use of force seems to have not been taken seriously by legal aspects since law enforcement officers are rarely reprimanded when they are found guilty (Terrill, & Reisig, 2003).

Types of Force

Several interpretations regarding excessive amount of force vary from using batons, chemical spray, and bean bags guns. Using these items excessively or inappropriately may be considered as using an excessive amount of force. However, since these items are non-lethal, they can be viewed as the reasonable use of force. Thus, the amount of force a law enforcement officer can use does not only depend on himself but his discretion. All situations involving the use of force is unique although various situations may be similar no situation is the same. Since situations vary with the differences in backgrounds, beliefs, regions, and people to create certain guidelines and a specific definition for the use of force will be difficult. A group of people believes that the police should not be allowed to use any force, no matter the circumstances they may face. These people believe that anything can be solved using peaceful means in which no one can be killed or injured. However, some people understand that force is necessary for certain situations if death or serious injury is to be avoided (Kop & Euwema, 2001).

The law enforcement officers are aware that when handling a particular situation they have a variety of force options to choose. The police have been granted authority to use both mental and physical force to detain criminals and solve crimes. In some incidents, criminals may be very cooperative when arrested, and so the need of using physical strength has not required the presence of the officer is adequate to gain their control. But when criminals fail to cooperate, the initial step would be verbal commands, and the detaining, applying physical force will help the police officers in this process. If using physical force will fail to bear fruits the officers will resort to applying a deadly force (Micucci & Gomme, 2005).

Ways of Reducing Excessive Force

Numerous ways can be used to minimize the excessive use of force, but the most crucial aspect is to make all policies enforceable to the extent of no excuses. The law enforcement officers should fall under similar rules so that other officers will avoid committing a similar crime in future. Reducing the excessive use of force by the police is not a question of whether, but how much and when. Law enforcement officers should learn to use force lawfully. No one is permitted to use force at will or when it is not allowed.

One of the most efficient and popular tools used to ensure that the appropriate amount of force is used is the Continuum Scale. The use of force continuum is a standard with guidelines and directions used by security guards and law enforcement officials indicating how much force to be used against a resisting suspect in a certain situation. In some cases, the Continuum Scale is similar to military rules of engagement. It was created as a general guide in using force during an arrest or a confrontation situation and to make sure that law enforcement officers use the required amount of force necessary in performing their duties. The scale will assist police officers in applying departmental policy and law in presenting testimony in a court of law proceeding, documenting the use of force, and in the use of force situations. This scale aims to clarify both to the public and officers, the sophisticated subject of using force by law officers (Paoline & Terrill, 2007).

Reducing the use of excessive force by the law enforcement officers, accountability, and better training mechanisms should be put in place. Police recruits should be taught on the level of force they should use in responding the resistance from a suspect. The police should be trained to utilize force as required and to control their emotions during volatile confrontations. The vital aspect concerning the use of force is if it was consistent and justified with the resistance being offered.

Police organizations should go great lengths to reduce the number of incidents where officers use excessive force. Police agencies need to adopt a stringent hiring process to ensure only qualified officers are recruited. This process can be achieved through extensive background checks, competitive testing, and psychological screening. Both in-service training and recruiting for seasoned officers should focus on maintaining professional standards, making good choices, and filling the existing gap between the police and the community (Kop & Euwema, 2001).

Conclusion

When dealing with unpredictable or dangerous situations, numerous key points could have been used; differently, law enforcement officers often have very limited time to assess it and determine the right response. Guidelines and effective training can make it possible for a police officer to address, respond, and react to situations effectively. Several studies utilize official report statistics to determine the results of the variables excessive use of force and the use of force. On the incidence of use of force most research focus on a deadly or lethal force by police. Lethal force is the highest level of force used by law enforcement officers and leads to the most severe injuries and commands the greatest attention from the media. The police and law enforcement behavior will continue to improve as long as there are full analysis and disclosure of police conduct. In many confrontations that require the use of force, police should respond professionally and apply a force that is justified. The few exceptions where police officers overreact and apply inappropriate force seem to capture the attention of the media.

References

Alpert, G. P., & Dunham, R. G. (2004). Understanding police use of force: Officers, suspects, and reciprocity. Cambridge University Press.

Kop, N., & Euwema, M. C. (2001). Occupational stress and the use of force by Dutch police officers. Criminal justice and behavior, 28(5), 631-652.

Micucci, A. J., & Gomme, I. M. (2005). American police and subcultural support for the use of excessive force. Journal of criminal justice, 33(5), 487-500.

Paoline III, E. A., & Terrill, W. (2007). Police education, experience, and the use of force. Criminal justice and behavior, 34(2), 179-196.

Terrill, W., & Reisig, M. D. (2003). Neighborhood context and police use of force. Journal of research in crime and delinquency, 40(3), 291-321.

Westmarland, Louise (2005). Police ethics and integrity: breaking the blue code of silence. Policing and Society, 15(2), pp. 145–165.