Exploring Police Use of Force and Its Impact on Marginalized
School
Western Institute of Technology and Higher Education**We aren't endorsed by this school
Course
DDC 101
Subject
Sociology
Date
Dec 11, 2024
Pages
13
Uploaded by DoctorToadMaster1085
O’Brien 1Policing Use of ForceSamantha O’Brien101314321LAWS 2301B6 December 2024Prof. Anita Grace
O’Brien 2Imagine being pinned to the ground, each breath becoming a desperate battle forsurvival. You scream, cry, and plead, “I can’t breathe.” You are not resisting, only begging foryour life. This was the horrifying reality faced by George Floyd, a Black man whose life wasviolently taken in 2020 due to cardiopulmonary arrest caused by asphyxiation, as policeofficer Derek Chauvin pressed his knee into Floyd’s neck for over nine minutes. (History.comEditors). Floyd’s death was not an accident but a stark example of police brutality, a terrifyingreality that disproportionately affects marginalized communities across North America. Histragic death ignited a global reckoning on police violence, racial injustice, and the urgentneed for accountability in law enforcement. While police use of force may seem justified incertain situations, it remains an intensely controversial issue.Police using force, seems like a fair and reasonable behaviour when dealing withinstances involving crime and people deemed dangerous . However, it remains an extremelycontroversial issue in modern policing, raising critical questions about justice, communitysafety, perceptions, and systemic racism. Officers are granted the authority to use force toprotect the public, themselves, or other officers, yet this power is often misused. In Ontario,for example, officers are required to submit reports to the Ministry of the Solicitor Generalwhenever force is used, and independent investigations are mandated when force results inserious injury or death (Puddister & McNab, 2024). Despite these oversight mechanisms,complaints of police aggression, racial profiling, and bias still persist, particularly incommunities of color, revealing significant gaps in accountability and transparency in ourpolicing system.This essay will explore the complex implications of police using force, beginning withthe historical roots of violence in policing and a clear definition of what constitutes police forand police brutality. It will examine the disproportionate impact of police violence onmarginalized and BIPOC communities, drawing on real-life cases such as George Floyd’smurder, and the tragic death of Ottawa resident Abdirahman Abdi at the hands of local
O’Brien 3police. The essay will also analyze use-of-force data collection and reporting in Ontario,highlighting the constraints and challenges that hinder effective oversight.Evidence of these systemic issues will be supported by key sources, includingHoekstra and Sloan’s analysis of race and police use of force, (Hoekstra & Sloan, 2022) theOttawa Police Force’s 2024 report on use-of-force incidents, (Ottawa Police Service, 2023),(Puddister and McNabb, 2024) study on police oversight in Ontario, and (Zachary Hays,2011) Insights into the use of force in disorganized neighborhoods, particularly the use ofSocial threat theory. Also involving (Hoekstra & Sloan, 2022) study involving evidence from911 calls, to come to a conclusion if race has a play in instances of excessive use of force bythe police. Finally, this paper will propose potential reforms, such as tweaking oversightcommittees, enforcing transparency in reporting, and concluding with learning fromNorwegian police culture which aims at reducing the reliance on police intervention invulnerable communities. By examining these critical issues, this essay aims to shed light onthe urgent need for systemic change to address police brutality and promote justice for all.Police brutality refers to the excessive or unjustified use of force by law enforcementofficers. In Canada, police brutality disproportionately impacts Black, Indigenous, and othermarginalized communities. For example, Black Torontonians account for just under 9% ofthe city's population but made up 39% of police use-of-force incidents (Toronto PoliceService, 2021). Indigenous people face similar disparities, despite comprising only 4.1% ofCanada’s population, they represent over one-third of those admitted to federal andprovincial correctional facilities (Government of Canada, Department of Justice, 2021). Thisstatistic is shocking, but highlights the pressing need for reform. In comparison to Ottawastatistics provided by the OPS, where approximately Between 2020 and 2023, racializedindividuals accounted for 42% to 48% of Ottawa Police Service (Ottawa Police Service,2023) use-of-force incidents, with Black individuals consistently representing 25% to 28%,far exceeding their population proportion, while Indigenous and Middle Eastern individualsalso faced disproportionate rates of police force (Ottawa Police Service, 2023). One example
O’Brien 4of the disproportionate These statistics underline the systemic nature of police brutality inCanada, revealing deeply rooted inequalities in law enforcement practices.To fully understand the pressing issue of police brutality, it is essential to examine itshistorical complexities. Police brutality and racism directly stems from systems ofoppression, embedded in North American history. In the Canadian context, historicalinstances such as Residential Schools contributed to the systemic marginalization andoppression of Indigenous communities. These institutions, designed to forcibly placeIndigenous peoples into mainstream Canadian society, relied on violence and control, oftenenforced by law enforcement (National Centre for Truth and Reconciliation). This created aframework where institutionalized harm became normalized, laying the groundwork for themodern policing practices that disproportionately target marginalized groups. The legacy ofResidential Schools has persisted, manifesting in contemporary forms of systemic violence,including police brutality, that continue to impact Indigenous and other marginalizedcommunities. In this day and age, effects of the harsh treatment of the first naition’s peoplechange perceptions on police officers causing, and unfair and unjust perception on the abilityto use force (National Centre for Truth and Reconciliation).The same can be said about Black individuals where systems of division influencedby western culture contributed to society's perception. Ultimately making them the target ofoppression and seen as less than in society. This influences the way officers see people ofthe BIPOC community, which can lead to incidents regarding police brutality. These historicalissues reveal a pressing issue within the criminal justice system, the lack of accountability,clarity and communication within law enforcement structures. One of the key concerns is theoverrepresentation of Black, Indigenous, and racialized communities in use-of-forceincidents. Data from the Ottawa Police Service shows that between 2020 and 2023, Blackindividuals were disproportionately affected, representing 25% to 28% of the total incidents,a stark contrast to their population proportion across the country (Ottawa Police Service,2023).
O’Brien 5Police officers are granted the authority to use force when necessary. However, thisraises critical questions about the subjectivity of what constitutes "necessary." The law lacksa clear standard, leaving room for interpretation based on personal biases, perceptions, andracial profiling. For instance, Section 25 of theCriminal Code of Canadaallows officers touse as much force as necessary, creating a slippery slope where the vague wording canlead to inconsistent and potentially harmful applications. This lack of specificity has beencritiqued for enabling discretion influenced by societal prejudices rather than strictguidelines. As noted, "Canadian police officers are permitted to use as much force asnecessary and are not assessed against a standard of perfection" (Criminal Code ofCanada, 1985;R. v. Nasogaluak, 2010).Specific incidents further illustrate the problem. For example, in one case, illustratedby the SIU, details the arrest of a man for public intoxication who became violent, resistedarrest, and attempted to flee. Officers used force to bring him to the ground, ultimatelybreaking his nose. The Special Investigations Unit (SIU) concluded that the force used wasreasonable under the circumstances (SIU Case #16-TCI-061).However, not all cases align with this rationale. In a highly publicized incident,Abdirahman Abdi, a Somali immigrant with known mental health challenges, fled from policeduring an encounter in downtown Ottawa. Despite the situation involving a mentally illindividual, officers were seen on footage striking Abdi over 20 times in the face, ultimatelycausing his death (Ontario Newsroom).This case exemplifies the excessive use of forceand raises serious questions about the fairness and accountability of policing practices inCanada. Such incidents demand a critical examination of whether force is being appliedappropriately or if systemic biases are driving disproportionate harm to marginalizedcommunities.
O’Brien 6It is clear to see that the issue of police use of force faces many issues. One issue isthe systemic biases embedded in people’s minds. The racial targeting towards the BIPOCcommunity directly translates into the police force causing unnecessary use of force ininstances. The study done by Zachary Hayes points out this issue in research done byO'Brien and Jacobs. They theorised that police brutality was a direct cause of Social Threat.Where individuals are individually threatened by other classes. “Jacobs and O'Brien's firstset of results revealed that only racial inequality was significantly and positively related torates of police use of deadly force. Neither city-level black population size nor generalincome inequality were found to significantly predict changes in the overall rates of policeuse of deadly force: Interestingly, the results of their second set of analyses revealed thatblack population size was significantly and positively related to increased rates of policekillings of blacks specifically” (Hayes, 2011). This study is eye opening as it reveals thatdominant groups such as white populations in North America perceive minority populationsas a threat towards them, thus causing issues where police use of force is used excessively.Supporting this claim is Hoekstra and Sloan who studied the 911 call’s data fromcities in America which lead them to conclude that “Our results have important implicationsfor policing in the United States. Perhaps most importantly, they provide rigorous evidencesupporting the common civilian perception that race is an important determinant of policeuse of force. The results of this paper suggest that at least in the contexts studied here, thisbelief seems warranted, especially with respect to the use of lethal force” (Hoekstra & Sloan,2019). The evidence from Hayes, Hoekstra, and Sloan underscores a fundamental concern,that systemic racial biases in policing have profound implications for human rights,accountability, and public safety. When minority communities are disproportionatelysubjected to police force, it raises critical questions about equal protection under the law andthe right to live free from discrimination.
O’Brien 7Accountability becomes another pressing issue. Excessive use of force withoutsufficient oversight diminishes trust in law enforcement and erodes the legitimacy of thecriminal justice system. Mechanisms like body cameras, independent oversight committees,and transparent reporting practices aim to ensure that officers are held accountable for theiractions, but these systems often fall short due to political and institutional resistance. From apublic safety perspective, the fear and mistrust generated by racially biased policingundermine the relationship between law enforcement and communities, making it harder toaddress crime effectively. When marginalized groups view police as a source of harm ratherthan protection, they are less likely to report crimes or cooperate with investigations.Addressing the problem within policing use of force is extremely complicated. However, withchanges in our already existing oversight committees and more transparency it is notimpossible.One huge issue in addressing the problem of police violence is lack of accountabilitywithin police sectors. Officers in Ontario are advised to report all incidents where use of forceoccurs to review boards, such as the SIU, however the foundation of the SIU lacks as,Officers who become the subject of an SIU investigation have the legal right to refuse toprovide copies of their notes and to be interviewed by investigators (Puddister and McNabb).Subject officers are treated like any other individual under police investigation, and thusconstitutionally protected legal rights are engaged. Although officers' rights are accountedfor, they don't necessarily protect the rights of civilians who encounter abuse of poweramong law enforcement. This underscores a problem with accountability in Canadianpolicing which allows police to withhold their cooperation within instances. The case ofGeorge floyd serves as an excellent example on how society can push for accountabilitythrough law enforcement, as seen with Officer Derek Chauvin, demonstrating a rare instancewhere the legal system pursued accountability. However,"OPS analysis can identifyincidents for which there are multiple reports; the SolGen data sets cannot identify duplicatereports for the same incident."This quote further emphasizes the lack of accountability in the
O’Brien 8data reporting process, as duplicate reports cannot be identified by the SolGen data sets,which complicates accurate analysis and undermines transparency. Two problems arearising in regards to transparency, first of all, officers are not reporting all incidents and candeny involvement in cases. Secondly, the program used to assist in making reports to fullyunderstand and grasp the issue cannot recognize duplicate sets of data, allowing for issuessuch as duplicate cases, which skews with important data (Puddister and McNabb).Current efforts to reduce the amount of incidents regarding the use of force vary. Onebeing the psychological training in becoming a law enforcement officer. This training hasbeen proven to decrease not only instances where police use of force is used but also helpwith their own mental health and improve responses to mental health crises of other people.By implementing this int training law enforcement is able to address their own mental needas well as their ability to manage biases. Ultimately helping officers into making betterdecisions, which could play a role in decreasing issues where excessive force is used(Hoekstra and Sloan).Hokestra and Sloan argue that physiological training is only effective when it issupported by systemic changes, and programs that hold officers accountable. The SIU is agreat example of a review board that implements the accountability of police in regards toinstances of police actions when they are in question. However, as mentioned above the SIUstill has its cracks such as the involvement of officers and the credibility of data systems.Developed countries like Norway provide a striking contrast in police-related fatalitiescompared to many other nations, reporting an average of just one death per year. Thisextraordinarily low figure reflects Norway's emphasis on a policing philosophy rooted inminimal use of force (“Law on Police Use of Force in Norway”). Extensive police trainingprioritizes de-escalation, conflict resolution, and non-lethal tactics. Officers are trained to seelethal force as a last resort, ensuring that incidents are handled with the utmost care to avoidunnecessary harm.
O’Brien 9Norway’s broader societal approach also plays a crucial role in these outcomes. Thecountry’s commitment to rehabilitative justice shifts the focus from punishment toreintegration, aiming to address the root causes of crime. This model emphasizes treatmentfor offenders, mental health support, and education, reducing recidivism and the likelihood ofviolent encounters. Moreover, Norway’s robust social safety net mitigates many of thesocioeconomic factors, such as poverty and inequality, that often fuel tensions between lawenforcement and marginalized communities.The combination of highly trained officers, a focus on non-violence, and a strongsupport system demonstrates how rethinking policing and justice can lead to dramaticallyfewer fatalities, setting an example for other nations grappling with high rates of policeviolence(“Law on Police Use of Force in Norway”).This contrast points to broader differences in policing philosophy and public safetystrategies between countries like Norway and those with higher instances of police brutality,such as the U.S. The training and accountability mechanisms, including the integration ofcivilian oversight bodies, contribute to a policing culture that prioritizes human rights andpublic trust.For example, while the Special Investigations Unit (SIU) in Canada serves as anoversight mechanism for policing, Norway has implemented various policies and proceduresthat are designed to ensure law enforcement officers are rarely placed in situations thatcould lead to deadly force. These differences offer important lessons in accountability andpublic safety. This approach Norway has could be slowly implemented into Canadian society,when we change our outlook on how policing works in general, by doing this will allow for thepublic to understand biases.In conclusion, police brutality remains a deeply entrenched issue within lawenforcement, with its roots deeply tied to historical and systemic inequalities. Thedisproportionate use of force against Black, Indigenous, and other marginalized communities
O’Brien 10underscores the urgent need for reform in how policing is conducted, particularly when itcomes to accountability and transparency. The historical context, such as the legacy ofresidential schools and the societal perception of BIPOC individuals as threats, plays acritical role in shaping both police behavior and the broader community’s view of lawenforcement. The data presented in this essay highlights the alarming disparities in the useof force, emphasizing that these issues are not isolated incidents, but rather systemicproblems requiring immediate attention.To address police brutality effectively, significant reforms are necessary. Enhancedindependent oversight, clearer guidelines for the use of force, and a focus oncommunity-driven initiatives can create a policing system that is both more accountable andmore just. The international example set by countries like Norway shows that alternatives toexcessive force, such as de-escalation tactics and comprehensive training, are not onlypossible but effective in reducing police violence. By incorporating such practices intoCanadian policing, we can work towards a system where the protection of public safety andthe promotion of human rights go hand in hand.Ultimately, I have gained a lot of insight on the topic of police brutality. One thing thatstood out the most to me was the SIU’s (Special Investigations Unit) foundational cracks thatallow for issues to persist. These weaknesses, such as limited transparency, lack ofindependence from police forces, and insufficient accountability, undermine the effectivenessof the SIU in holding law enforcement accountable. As a result, instances of police brutalityand misconduct continue to be inadequately addressed. It’s clear that for real change tooccur, the SIU and similar oversight bodies need to undergo reforms to ensure they canproperly investigate and address abuses of power.. the fight against police brutality is aboutensuring that all individuals, regardless of race or background, are treated with dignity andrespect. It requires a collective commitment to addressing the biases, practices, andstructures that enable such violence to persist, ensuring that no one is above the law, andeveryone is entitled to equal protection under it.
O’Brien 11Works CitedHays, Z. R. (2011).Police use of excessive force in disorganized neighborhoods(1st ed.).LFB Scholarly Pub.
O’Brien 12Puddister, K., & McNabb, D. (2024). Police oversight in practice: The Special InvestigationsUnit and civilian police oversight in Ontario, Canada.Policing & Society, 1–15.https://doi.org/10.1080/10439463.2024.2339364Ottawa Police Service. (2023, June 18).Ottawa Police Service presents 2024 annual report.https://www.ottawapolice.ca/en/news/ottawa-police-service-presents-2024-annual-report.aspxLegislative Services Branch. (2019).Criminal Code. Justice.gc.ca.https://laws-lois.justice.gc.ca/eng/acts/c-46/section-25.htmlHoekstra, M., & Sloan, C. W. (2022). Does race matter for police use of force? Evidencefrom 911 calls.American Economic Review, 112(3), 827–860.https://doi.org/10.1257/aer.20201292History.com Editors. (2021, May 24).George Floyd is killed by a police officer, ignitinghistoric protests. History, A&E Television Networks.https://www.history.com/this-day-in-history/george-floyd-killed-by-police-officerAbrams, Z. (2020, October 1).What works to reduce police brutality. AmericanPsychological Association.https://www.apa.org/monitor/2020/10/cover-police-brutalityOntario Newsroom. (2024).Date announced for the inquest into the death of AbdirahmanAbdi. Ontario.ca.https://news.ontario.ca/en/release/1005219/date-announced-for-the-inquest-into-the-death-of-abdirahman-abdiGovernment of Canada, Department of Justice. (2019).Indigenous overrepresentation in thecriminal justice system. Justice.gc.ca.https://www.justice.gc.ca/eng/rp-pr/jr/jf-pf/2019/may01.html
O’Brien 13Loppie, S., et al. (2014). Indigenous experiences with racism and its impacts.Clinical &Experimental Allergy, 16(S1).https://doi.org/10.1111/j.1365-2222.1986.tb03302.xHAVE A GREAT HOLIDAYS!!!