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
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.
How do police decide how much force should be used in a situation and how has that changed throughout the year? Has Tennessee v. Garner been effective in protecting individuals against excessive force? Before the case Tennessee v Garner in 1985, how to police decided if they should use deadly force determined by one of four groups; these four groups were The Any-felon Rule; The defense-of-life Rule; The Forcible Felony Rule, and The Model Penal Code. The extreme one was the Any-Felony Rule which was “English common law authorized officers to use any means necessary to arrest felony suspects or prevent them from fleeing. In the United States, courts interpreted this rule as legal permission to shoot an unarmed felony suspect in flight” (Tennenbaum)
In today’s modern society, many feel that is okay for a police officer can kill a man armed with a harmful weapon at any cost. On many news channels, there are various amounts of articles and reports about a police officer committing this act. Even though a police officer has the right to take action against an armed man, this could be argued in many circumstances. In the 2013, Sammy Yatim was a young adult with a mental illness and was armed with a weapon on a streetcar in Toronto. Yatim was confronted by Const.
However, why then do law enforcers often resort to deadly force with little hesitation? One reason is lack of responsibility, and lack of training but fixing that won’t completely reform the police state. They problem is in the way the criminal justice system exists often as a deadly force against those who commit crimes rather than as a force that attempts to help past or potential offender. “African Americans, for most of our history, have lived under the power of the criminal- justice system, not to authority.” (Paragraph
One common opinion is that officers should not use more force than is necessary or reasonable, and even then, that force should be used only as a last resort. “Police use force to affect civilians’ conduct. On a day-to-day basis, they do so most often by employing the least degree of force available to them, their mere presence. Cops wear uniforms and drive distinctly marked cars so that, without saying a word, they may have an effect on citizens’ behavior” (Fyfe, 38). When an officer’s presence fails to fulfill the desired conduct, the next course of action for said officer would be verbalization.
Use of force is the amount of force used in a given situation during police work. The police are supposed to follow the continuum when it come to using force. This continuum is known as the “Use of Force Continuum”. Despite this, use of force is still a constant problem in policing. There are many cases where a cop are sued for using more force than necessary, sometimes on purpose and sometimes by accident.
The reason as to why police brutality is unethical is simple. It kills a lot of people and is not necessary. However, what are the reasons as to why police brutality has become such a problem in the United States? One can argue the police officers take advantage of how much authority their occupation comprises of. If a cop shoots and murders a person, they claim that they were using self-defense or some other kind of excuse.
Weapons are deemed as a significant element for military strategies all over the world. Overtime, these illicit weapons distributed to police forces have caused injuries some at minor at levels and whilst some are deemed at extreme levels. Electronic stun devices and other less-lethal weapons are marketed as offering unmitigated benefits to both police and public safety, with this statement there are various problems also associated with these devices such as unnecessary injury and deaths. There are various intentional injuries that police officers are affected by whilst working, the prevalence of injury in the force is rather high. By the 1800s, after departments and police departments distributed weapons and demanded the use of force that
If the law enforcement were to reduce the amount of force the officers are allowed to use, crime would simply be even more out of control. I say because if the officer can 't get control the suspect will easily take advantage of the officer. The current amount of force an officer can use is efficient, for the this reason the police officers have to right to protect themselves along with the community. The law allows police officers to use deadly force if
Law enforcement agents are should behave to a standard that is greater than the average civilian. Police brutality comes from an abuse of power granted to the police. Police brutality is often drawn on by overreaction in certain situations drawn on by panic. Police using excessive force in the United States is a crucial dilemma and must be stopped.
Police brutality will be an issue until a solution is created. Many individuals are victims of this form of assault on daily basis. The liberties held by law enforcement are challenged each time they perform their duties. Police officers should abide by the same laws that each citizen is expected to abide by. Although police officers are granted with the right to determine laws as constitutional, civilians are sometimes treated in ways that are beyond unlawful.
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
The public has a misconception that deadly force is the same thing as excessive force. They can be similar if the police use deadly force to a point where every officer discharges their entire magazine on person when the threat has been eliminated. Officers receive hours of training on how to shoot a gun, but sometime receive little instruction on how to determine when to use the gun. Training starts in the Police Academy, and continues throughout their careers. There are officers who teach and train the departments every month.
By writing this I do not hope to say that murder is at all justified, rather, I hope to talk about the meaning of her death and why it happened in the first place. Firdaus is an Egyptian woman held in prison due to her actions of killing a man. Because of her actions, she is sentenced to death. , did not have to happen as instead, Firdaus could have simply signed a paper which allowed her to live in prison or she could have not done anything and stayed in a household under the domestic abuse of her husband Sheikh Mahmoud. Knowing women were regarded less than a man, with a life already set out for women to work in the fields, hit puberty, then to get a grasp of household jobs before taken away by an arranged marriage.
