The branch of criminal justice that probably has the most power is law enforcement. There is a huge ethical obligation placed on it as the only domestic state department with the authority to take life at its discretion. Police use of force is such a sensitive subject because the potential for abuse of this authority is a terrifying thought for anyone. Unfortunate incidents in Dallas and New Hampshire show that state officers occasionally use excessive force when enforcing laws. Excessive use of force is attributable to several factors, one of these being the police subculture and the application of ethical frameworks like deontological and virtue ethics represents a way of countering this issue.
Ethics and State Police Use of Force
Introduction
Americans, more than any other nation on Earth, are the people who have historically demonstrated the greatest sensitivity to any form of totalitarianism or application of coercive power. Authority and power are arguably the two most fundamental components of political power and, hence, police, who serve as the agents of this power, often exercise force to control any conduct deemed antisocial. Whereas this application of force is typically perceived as being neutral from a moral perspective, it also can, depending on the prevailing circumstances, be construed as an abuse of power. Because of the nature of their work, law enforcement officers are often held to a much higher ethical standard than other professionals are and must endure a greater scrutiny of their activities. Every day, the print and TV media is awash with headlines about officers gone rogue, with stories of theft, misuse of power, and even speeding exemplifying the unethical behavior that sometimes crops up among these professionals. Unfortunately, whereas most officers are highly ethical, only the uncouth actions perpetrated by the minority attract headlines and, therefore, taint the reputation of the entire profession. Consequently, it is imperative to examine and understand the ethics around the use of force, since it is arguably the predominant ethical issue in law enforcement today and may potentially arise in one’s future career.
State Police: An Occupational Description
Law enforcement represents one of the three separate but complementary branches of the American criminal justice system. Law enforcement operates through various constituent agencies, which are classifiable into three broad categories: federal, state, and local law enforcement. Most states often have their run statewide agencies which are responsible for the provision of law enforcement services, such as state patrols and investigations (Ray, 1995). These agencies, which usually fall under the state’s Public Safety Department are often called highway patrol or state police (only 23 states use this term) and are found in 49 of the 50 states only being absent in Hawaii.
State police serve a variety of functions, such as the enforcement of traffic regulations on interstate expressways and state highways, the protection of the state governor, and the provision of scientific services (Ray, 1995). Additionally, state police provide support to the local police agencies and, in some states, they may participate in multi-jurisdictional task forces investigating serious offenses (Ray, 1995). Depending on the state, state police agencies may also have specialized federal equivalent agencies that operate within those particular states. Examples of such agencies are the State Bureau of Narcotics or the State Bureau of Investigations which are the equivalents of the DEA and the FBI respectively. Whereas the qualification requirements vary from one state to another, the general expectation is that state troopers/police complete some form of academy training which makes them no different from other police officers.
Ethical Dilemmas Faced by State Police
In its rawest form, the term “ethics” is used to refer to doing what is considered to be right whatever such an action may be. The values espoused by the society serve as the predicate for the determination of these right actions. Therefore, ethical principles are dependent on the idea that what is right is always right and what is wrong is always wrong (McCartney & Parent, 2015). When the actions of state police fail to conform to what is considered right, more so when those actions are blatantly wrong, the net effect is an erosion of the trust placed on the police by the public and a degradation of the police’s ability to function within the community and execute their mission. Consequently, police adherence to ethical standards is key to the achievement of the objectives. However, state police are often confronted with a variety of ethical dilemmas that may compromise their adherence to those standards.
Law enforcement officers, such as state police, are expected to balance their duties as public servants with their duties as crime fighters. Consequently, these individuals are arguably the most powerful government agents in existence (McCartney & Parent, 2015). Sworn officers are the only government agents operating domestically who possess the power to take lives and exercise this power entirely at their discretion. Indeed, this authority to exercise force spontaneously on fellow Americans is what differentiates law enforcement officers from civilians and other government agents such as the military.
Police power originates from the “social contract” model, which is an implicit agreement existent between citizens and their government. This model posits that citizens cede their right to enjoy absolute freedom in exchange for state protection (Pollock, 2012). This protective power is then vested in the police with a caveat that permits them to use the same power against the same people from whom it flows. Therefore, when protecting citizens by combating crime, police may often use coercive force which in some instances may be subject to abuse.
By definition, force refers to the authority to employ physical coercion with the aim of overcoming another individual’s will (Pollock, 2012). Whereas the application of force is associated with a lot of negative connotations, officers clearly have a right to apply it in a reasonable and necessary measure for self-defense, prevention of escape, protection of others, and to overcome resistance during lawful arrests. Excessive force, on the other hand, refers to force that exceeds what is necessary to compel willing or unwilling subjects to comply (International Association of the Chiefs of Police, 2001). However, the identification and measurement of excessive force provide a much more challenging task than its definition suggests.
Unlike most other professions where individuals have enough time for careful planning and thought, police officers often operate in situations where they have little prior intelligence about what to expect. Often, a state police officer finds him or herself in a situation that may potentially turn violent and has to make an instant decision. With the ethical standard for officers set so high, there is excessive pressure on them to make the right call. Ethical dilemmas for law enforcement personnel typically arise when the officer does not know the appropriate action to take, the appropriate choice is hard to execute, or the inappropriate course of action is very enticing (Braswell, McCarthy, & McCarthy, 2002).
One prime example of an unethical use of police force occurred in New Hampshire in May 2016 when two state troopers, one from Massachusetts and the other from New Hampshire, were caught on video publicly punching a suspect (Berman, 2016). The suspect, who had engaged the officers in a cross-jurisdictional car chase, had already been subdued and was lying on the ground without resisting. However, the two officers proceeded to punch the victim, who was the car driver, severally as he laid prone on the ground, leading to the officers’ interdiction and prosecution for assault. However, this situation was entirely avoidable had the officers applied deontological ethics, which evaluate the morality of individual’s actions based on their adherence to rules. The rules stipulate that officers must only use force where necessary, for example, if a suspect resists arrest. However, in this case, the application of force was unnecessary, since there was no resistance, therefore, making it a breach of the rules and ethical conduct.
Another situation in which state police used force unethically occurred in 2011 in Dallas when an officer was charged with official oppression after a video emerged of him kicking a handcuffed suspect as he was lying on the ground (Eiserer, 2011). This situation, which was prompted by the officer’s anger after an altercation, had ensued because of the suspect’s resistance to arrest. Whereas the ethical action would have been to leave the subdued suspect alone, the wrong action, kicking the suspect for resisting, was very tempting, therefore, presenting an ethical dilemma. However, the officer could have applied virtue ethics, specifically the moral virtues proposed by Aristotle, an example of which is good temper (Hinman, 2013). In applying this ethical model, the officer would have realized that there is an expectation that he should control himself in such a situation.
Subculture
Police subculture refers to a term that describes the unspoken norms, values, and ways of life that influence the daily actions of police officers (McCartney & Parent, 2015). Police subculture emphasizes a unique system of values in which loyalty, autonomy, and bravery are the most important elements. Besides this, the value system sometimes advocates for the violation of civilian rights and misusing police authority. This subculture, while playing a fundamental role in police training, often oversells the hazards associated with law enforcement despite the infrequent occurrence of violence directed towards police (McCartney & Parent, 2015). This preoccupation with the hazardous effects of police work unifies the officers but divides them from the citizens. Because of this importance of police subculture, many officers often strive to gain their peers’ acceptance, which they may even value over promotions. Consequently, the need to demonstrate these core elements of the subculture and gain peer acceptance may lead officers to violate policies by applying coercive force even when unnecessary.
Conclusively, the use of force by law enforcers is one of the key issues that has come into sharp focus recently. Because of the immense power bestowed on law enforcement officials, there is often a higher ethical expectation accorded to them. Inappropriate use of force represents one of the gravest abuses of this power and is a significant ethical issue among state police. Excessive and unwarranted use of force by law enforcement officials is attributable to various factors, including police subculture. Addressing this problem demands an application of different ethical systems, the most important of which are virtue ethics and deontological ethics.
References
Berman, M. (2016, July 19). State troopers from Mass., N.H. arrested and charged with assault after video showed officers punching driver. Retrieved from https://www.washingtonpost.com/news/post-nation/wp/2016/07/19/state-troopers-charged-with-assault-after-video-shows-officers-punching-driver/?utm_term=.5a37cc64ddf2
Braswell, M., McCarthy, B. R., & McCarthy, B. J. (2002). Justice, crime and ethics. Cincinnati, OH: Anderson Publishing Co.
Eiserer, T. (2011, February). Dallas police fire officer accused of attacking handcuffed suspect in videotaped incident. Retrieved from https://www.dallasnews.com/news/crime/2011/02/23/dallas-police-fire-officer-accused-of-attacking-handcuffed-suspect-in-videotaped-incident
Hinman, L. M. (2013). Ethics: A pluralistic approach to moral theory (4th ed.). Belmont, CA: Thomson/Wadsworth.
International Association of the Chiefs of Police. (2001). Police use of force in America, 2001. Alexandria, VA. Retrieved from www.theiacp.org/Portals/0/pdfs/Publications/2001useofforce.pdf
McCartney, S., & Parent, R. (2015). Ethics in law enforcement. Victoria, BC: BCcampus. Retrieved from http://opentextbc.ca/ethicsinlawenforcement/
Pollock, J. M. (2012). Ethical diemmas and decisions in criminal justice (7th ed.). Belmont, CA: Cengage.
Ray, G. W. (1995). From cossack to trooper: Manliness, police reform, and the state. Journal of Social History, 28, 565-586.
