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Criminal Justice: Excessive Use Of Force

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Excessive Use of Force Excessive force is when the force exceeds the required amount of force to de-escalate a situation or to safeguard law enforcement or others from any hurt, harm, or danger from an individual. The United States criminal justice system has handled several cases involving the use of excessive force by law enforcement officers, especially during apprehension. The increasing number of such cases creates the necessity to train enforcement officials on how to handle suspects without violating the constitutional rights of the suspects. The United States constitutional rights protect against such force in the Fourth Amendment. In addition, cruel and unusual punishment is cited in the Eighth Amendment along with 18 United States …show more content…

Connor (1989), police officer Connor recognized Graham rushing in and out of the store. Officer Connor became suspicious and followed the car a mile down the road before he pulled him over. After being pulled over, Berry told officer Connor that Graham was sick and needed help. Officer Connor disregarded what Berry was saying. He called for backup and told them to wait until he had more insight on what happened at the convenience store. While Graham was waiting for officer Connor to come back, he got out of the car, ran around the car twice and passed out by the car. Officer Connor's backup arrived on scene to help officer Connor apprehend Berry and Graham while Berry was pleading for them to help Graham. The officers rejected his cry for help while placing Graham's face down on the hood of the car. Graham asked the police officers to check his wallet for his diabetic decal. The officers responded to him to “shut up” and shoved his head into the car. The officers tossed him head first into the police car while Graham's friend tried to give the officers the orange juice to give to Graham. The officers refused the orange …show more content…

It will ensure that such persons are not employed in the profession of law enforcement across the United States. Additionally, the law should specify the reasons beyond conviction, such as an officer not found guilty of a serious crime. For example, if an officer is under criminal conviction or has committed offensives, subsequently, an administrative hearing is the reason for his or her certification to be revoked. The tone of professionalism must be set in law enforcement. Solving this problem is too easy. Policymakers and the public can aid in the endeavors by supporting the certification program and its initiatives and the legislation that facilitates the shift in law enforcement professionalism. This will mark another era in the criminal justice system with twenty-first century

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A few moments later, Graham and Berry were stopped by Officer Connor in order to perform an investigative search on them. While Connor returned to his patrol car in order to call for backup, Graham got out of Berry’s car, ran around it twice, and passed out while he sat down on the curb. When backup came, one of the officers cuffed Graham while Berry pleaded officers to consider his health. The officers ignored the situation about his health and continued to use force on Graham as they shoved him into the police car. Berry tried to hand Graham some orange juice but the officers refused to let him have it.

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A reasonable person would infer that with the provided information of Graham being a diabetic experiencing some sort of medical episode that it would in fact not be his intent to resist arrest but instead a plea for help. He also sustained a broken foot and lacerations around his wrist before being grabbed by all four limbs and tossed in the squad car by the officers (Jad Abumrad, Reasonable Man, More Perfect Podcast). The important thing to note in this case was Graham’s lack of violent action, not only did he not possess a weapon, but he also made no threats of causing harm to anyone: to which a reasonable person would argue is grounds for using an excessive display of force. In specific this excerpt from the archive

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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

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