In general, there is no set definition of the use of force in law. There may not be another public situation that attracts as much attention as police officers’ use of force. Its circumstances and extent of applicability are frequently hotly contested issues. Physical restraint, basic-verbal restraint, less lethal methods, and lethal means of enforcement are some categories for the levels or continuums of force. According to an analysis of statistics on civilian complaints about the use of force by police, there were 6.6 complaints for every 100 sworn officers. Out of these protests, only 8 % had enough evidence to enable the responsible bodies take action against the law enforcement officers. The goal of a law enforcement officer is to regain control as fast as possible and at the same time protect the community affected by the situation. Use of force is typically required to be the last option. Therefore, the research paper explores the topic by answering the questions on whether use of force is justifiable and if so, in what circumstances is it mandatory. The research also entails principles and role of law enforcement agencies and the repercussions of necessary or unnecessary use of force by law officers.
Background
Since the enactment of Crime Control enactment (1994), law enforcement responsibilities have been mandated and put under the docket of the Attorney General. Modern policing is relatively associated with recent social institutions. History of police enforcement dates less than two centuries ago (Alpert, Dunham & Dawsonera, 2014). Preceding the establishment of standing and official law execution agencies, there was a lot of public distress regarding granting power and authority of certain individuals because people have been wary of their abuse of power. However, with growing challenges of dealing with the public law, police departments were created to deal with rough and tumble situations caused by the public. Before, officers did not have as much right to applying force as it seen now. With changing times came changing temperament and this is attributed to the public attitude towards crime and punishment (Chambliss, 2011). Over time, people began to demand measured responses to criminal acts as opposed to use of brutal force.
Fundamentally, no two situations are always the same and also, there is no general set-of rules that govern what enforcement officers should use force and by how much and therefore context counts.
For instance, in a possibly threatening position, officers can adapt a response and apply necessary force. Skolnick argues that training on situational awareness is essential because it enables officers to figure out when an emergency necessitates certain use of force to reclaim control of certain circumstances (Skolnick, 2010). A key variable that determines the amount of force that should be asserted is time. Moreover, it is required that police should only employ an amount of force that is obligatory to mitigate a grave incident, protect themselves/others from harm or in situations when making an arrest (Skolnick, 2010).
Basic Doctrines/Principles on the use of force
According to US Department of Justice (2016), the basic principles in law enforcement are set forth below:
- Law enforcement agencies will implement rules on force against persons but they shall maintain ethical issues associated with use-of-force.
- Law-enforcement organizations need to advance means that equip enforcers with different weapons that substitute combat or use of firearms.
- Improvement and use of non lethal debilitating weapons need to be prudently appraised with the mandate to reduce the risk of jeopardizing both the suspects and the public at large.
- While carrying out their duties, officers are obligated to apply non-violent means before considering using forceful means.
- When forceful means are inevitable, police officers shall use restraint in order to minimize damage and ensure preservation of human life. Moreover, law enforcers should facilitate medical assistance to the individuals injured. In addition, relatives to the injured parties need to be notified as soon as possible.
- Law agencies shall ensure arbitrary abuse of power is punished under the law.
- Lastly, exceptional circumstances such as political instability can invoke departure from these basic principles.
Assessing Policy use of Force and Outcomes
A study by Institute of Justice focused on policies within the spectrum of use of force continuum (2016). The research employed a review that was emailed to a stratified sample of police interventions. A comparative study was carried out across 8 agencies. From the study, it was found that 80 % of these organizations employed continuum in enforcing their policies. In detail, they found 1123 permutations in force progressions and this ranged from 3 to 9 different levels. There were 23 variations for citizen-resistance progression which ranged from 3 to 7 levels (National Institute of Justice, 2016).
Outcomes with use and without of CEDs
Research established that enforcement organizations that used CEDs had better chance of safety outcome compared to those who did not sue CEDs. Among the outcomes of use-of-force include officer injury, suspect injuries and suspect severe injuries. There were a small number of police officers who required medical attention and a substantially large number citizens who required treatment (National Institute of Justice, 2016). Moreover, there was a considerable number of suspects who had fatal injuries and required emergency treatments, as compared to an insignificant number of officers in the same state. The research therefore concluded that CEDs are effective in minimizing physical struggles and this may avoid up-close combative scenarios and as result, there will be minimal injuries caused to both the law enforcers and the public (Alpert, Dunham & Dawsonera, 2014).
Role of Agencies in Law Enforcement
According to US Department of Justice (2016), police shootings have long been topics of national discussion and this has heightened awareness of the public. To solve the issue, agents from major national and regional administration agencies have worked in association with the FBI in developing use-of-force data collection (US Department of Justice, 2016). The goal of these data and statistics is to offer insight on the collective view of incidents that were described and the conditions in which the matters or officers were involved. The agencies produce statistical reports which emphasize on the need of information when assessing and punishing the officers accused of unnecessary use of force (Chambliss, 2011).
Role of FBI
The FBI develops repository use of force evidence and it occasionally releases data to the public. The bureau ensures that each law agency reports statistics for their own law officers who are linked to incidents that meet the standards stipulated by FBI (US Department of Justice, 2016). Use of the Law Enforcement Enterprise Portal has assisted the crime justice system (CJS) in identifying best ways to improve law enforcement. The system entails data collection in fatal and non-fatal officer involved shootings (National Institute of Justice, 2016). The FBI also initiated the National Use of force data collection commission which is in charge of local and federal agency representative as well as the State Criminal Investigative agencies. The task force will help inform policy making and ultimately reduce the amount of lethal force incidents. Also, accurate and comprehensive data will be essential in creating productive discussions on community-police relations. Among roles of the FBI in law enforcement include enforcement of DCRA compliance, enhancement of Federal reporting, and increasing efficiency of police initiatives as well as creation of data transparency projects (May, 2008).
Methodology
Multi Method Assessment of use of force
This research method took into factor injuries that law enforcement officers as well as civilians faced during events that either justifiably or unjustifiably required the use-of-force. Injury degrees were varying contingent on the agency in charge of law administration. Civilian rates ranged between 17 to 65 % while police injury rates were classified to be between 10 to 20 % (National Institute of Justice, 2016).
Data Analysis using the Police Force Analysis System (PFAS)
The police department developed PFAS in order to examine incidents of force by using the existing governing legal standards. The coding method extracted 150 variables from previously collected reports and officer interviews (US Department of Justice, 2016). Historical data was also collected in order to provide a benchmark for measuring impacts of changes in police practices. Data comparison was then carried out between the agencies.
Findings
The multi-method Study showed that application of force was negligible and officers used their arms and bodies to push and pull suspects in order to enhance control. A substantial number of injuries were minor and it includes contusions, abrasions and strains (May, 2008).. Other results show that police used pepper spray and CEDs such as Tasers in order to maintain law and order and at the same time reduce injuries for suspects and officers.
From the data analysis using PFAS, it can be concluded that applying of force is set forth by factors such as severity of the wrongdoing or situation at hand, if the suspected individual resisted arrest, if the suspect was an immediate threat to the police or the community and lastly, if the individual attempt to evade their arrest by flight. The method applied the case Graham v Connor in order to set standards that are required for use of force.
Conclusion
To conclude, the paper has applied relevant literature in explaining a number of parameters with respect to use of force. The document explores the meaning, background and situations that warrant the use of force by the police. Such situations require certain principles to be followed and those guidelines have been outlined in the paper. By exploring a number of methodologies, the analysis provides the findings and outcomes of excessive of use of force.
Recommendation
Despite the introduction of various ways to monitor legal use of force there still exists disconnect between the practices of the police and how they are actually trained to respond certain situations. Therefore, increased scrutiny should be accentuated by application and use of video and photographic technology. Technology has been effective in keeping officers at bay with regard to unnecessary use of force. Moreover, courts and criminal justice standards should improve guidelines that help police in promoting sound and efficient decisions in law enforcement.
References
Alpert, G. P., Dunham, R. G., & Dawsonera. (2014). Understanding police use of force: Officers, suspects, and reciprocity. Cambridge: Cambridge University Press.
Chambliss, W. J. (2011). Key issues in crime and punishment. Thousand Oaks, Calif: SAGE.
May, D. A. (2008). Reasonable use of force by police: Seizures, firearms, and high-speed chases. New York: P. Lang.
National Institute of Justice. (2016). Police Use of Force. Office of the Justice Programs. NIJ, Washington D.C.
Skolnick, F. (2010). Above the Law: The Law, Police and the Excessive Use of Force. Simon and Schuster Publishers.
US Department of Justice. (2016). National Data Collection on Police Use of Force. National Institute of Justice. Penny Hill Press.
