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Use of deadly force police
Use of deadly force police
Use of deadly force police
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The Court, in a decision written for the majority by Justice Byron White, said that the use of deadly force against a fleeing suspect is not always unconstitutional. Deadly force can be used if there is probable cause that the fleeing suspect poses a serious threat to the officer or
In the case of Tennessee vs Garner 471 US 1 1985 Edward Garner a 15 year old young man broke into a house, he was found hiding outside in the backyard by responding Officer Elton Hymen. Gardner made a fatal decision to flee even after being ordered by the police to stop, Garner tried to climb a six foot fence at that point officer Hymen shot and killed Garner. In this case the U.S. Supreme Court declared the “Fleeing Felon Doctrine” unconstitutional in that it violated the Fourth Amendment in that it was an unreasonable seizure. In Justice White delivery of the Courts opinion they “conclude that such force may not be used unless it is necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant
Before the Garner case there were four rules that dictated lawful deadly force by an officer on a suspect. The Any Felony Rule, The Defense of Life Rule, The Model Penal Code, The Forcible Felony Rule. The Any Felony Rule gave officers the authorization to use any and all means necessary to arrest a felon suspect or prevent them from fleeing. It was interpreted as giving law enforcement the legal permission to shoot an unarmed fleeing felony suspect. The defense of life rule states that police officers can use deadly force only in situations were their own lives or the life of another person are in danger.
Annotated Bibliography Books Dudley, William, et al., editors. Police Brutality. D.L. Bender, 1991. • Police Brutality gives information on how police brutality is a widespread issue in the United States and explains different controversies and cases that relate to police brutality. • The editors of this book include activists and nonfiction authors who provide reliable information on what happened during different incidences of police brutality and the viewpoints and controversies that come with it.
After analyzing the video, I believe that excessive use of force was presented in the Rodney King arrest. The excessive use of force was first seen as soon as Mr. King went down on the ground and the first police officer used his baton to strike Mr. King. After that, the next scene is another police officer pulling out his baton to strike Mr. King as well. It also shows that the police officers are using their foot to kick Mr. King. That is the moment when excessive use of forced have been used.
Deadly force is more of a last resort, or is used when all else fails. Deadly force should be used only in the occasion that an officer’s life or the life of another individual is in danger. Courts have ruled that deadly force may be used under two main criteria, to prevent the escape of a suspect, and that the officer has probable cause of possible serious threat of death/injury to another individual. If a felon is fleeing deadly force is only justified if there is reason to believe serous injury or death to the public or an officer may occur. In cases where a suspect has some sort of deadly weapon officers may use deadly for if the suspect is attempting to cause harm and the use of force is justifiable.
Militarization of police is an important modern concern within the criminal justice discipline. Many argue that the formation of special units within the police department has greatly aided in this militarization of police. These special units, including the Bomb Squad and SWAT Team, may contribute to the increased police force across the United States. Proponents of the militarization believe that police should use what they find suitable to protect the community and themselves from danger. However, opponents maintain that the cost to supply units with equipment is extremely high and that by arming police with military weapons breaks police-community relations.
Minnesota Duluth Police Department: The DPD suggests that use of deadly force is justified in the following scenarios: to keep peace officers or others, safe from death or great bodily harm, to make an arrest of someone who is believed to have committed a felony and use or threatened deadly force, or to make an arrest of someone who is attempting to commit a felony and the officer believes the person may use deadly force if he/she is not captured. Furthermore, use of deathly force towards a moving vehicle is only reasonably used when there is no way to avoid the threat of a vehicle or deadly force coming from the vehicle with other means. Minneapolis Police Department: The MPD has the same three scenarios of when to use deadly force, which include: to keep peace officers safe, or others; safe from death or great bodily harm; to make an arrest of someone who is believed to have committed a felony and use or threatened deadly force; or to make an arrest of someone who is attempting to commit a felony and the officer believes the person may use deadly force if not captured. In their policy, MPD goes on to talk about the Tennessee vs Garner case which states that: warning shots should not be fired, the use of several objects may constitute use of deadly force, the policy does not prevent officers
The use of lethal force by police is subject to societal, strategic and tactical considerations that inform choices in the field. While many factors are the same for all force options, the tactical purpose in the use of lethal force is distinct. A key question is not whether a killing was justified but if it was avoidable. In deciding to use lethal force, expectations that police are able to make nuanced choices are questionable.
Within the criminal justice system, the police have three main goals: to serve, enforce the law, and to maintain order. Most police officers are people just trying to fulfill these goals and protect the citizens, using discretion wisely, but sometimes in this process, it may seem that there is an abuse of power, especially in terms of the use of force. As stated in Criminal Justice in America (2014), police are able to use legitimate force on those individuals that are deemed uncooperative, but this force is sometimes deemed excessive. Excessive use of force is when the force used by an officer either violated department policy or the constitutional rights of the individual by exceeding the level of force permissible and necessary for the
As you can see all over United State, there have been a lot of police brutalities. Mostly with the run ins of unarmed suspects that police shot and some killed. Lately most of these policemen have been killing black men that were unarmed. Once these policemen were brought into an court room and not charged. Many people disagreed.
Do U.S Police Departments Use Appropriate Force When dealing With The Public? The controversial topic of police brutality in the United States has been debated a lot more since the death of Trayvon Martin. There are two major sides to the issue. Those who support the police brutality believe that police officers rarely use excessive force and that the media exaggerates the incidents. While those who oppose police believe that it’s a serious issue that the government and the public need to fix.
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.
Xialea Mclean Police force is sufficient or should use more Police officers are only supposed to use the amount of force necessary to prevent any accidents. According to the National Institute of Justice ,"the use of force by law enforcement officers becomes necessary and is permitted under specific circumstances, such as in self-defense or in defense of another individual or group. " The law enforcement are allowed to use lethal, non-lethal force, physical, and verbal restraints. The amount of force used by the law can be depended by the situation they are currently in. While on duty, a officers are trained to judge when the situation requires a use of force.
It’s hard to feel safe when the ones who are suppose to be protecting you are killing you. Police were trained to guard, prevent crime, and enforce laws, not to kill and destroy the citizens. Lately, within the past two years police brutality has been a major issue in our society. This worldwide phenomenon has once again divided the races of black and white even further apart.