2 Separate assignments ASSIGNMENT I For this second building block toward your final research paper, you should prepare an outline and provide sources which will be used in your final paper. The outli

Running Head: EXCESIVE USE OF FORCE 0

Excessive use of force

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The excessive use of force implies a situation under which the government’s officials entitle legally to utilize force exceed the minimum level required to deal with an incident or to safeguard themselves or the other peoples from any harm. This can also refer to as the excessive force that is not reasonable when dealing with a certain situation or a circumstance. Several police officers learn that the level of force should be exerted in an incremental level, for instance beginning with a respectful form of request and raising it when necessary.it is a very rampant practice to apply to a suspect who is applying similar force to the police office officers. The use of the excessive force comes in various contexts like when handling the prisoners or even at the time of the military operations. When it entails the law enforcement, mostly during the arrest, it is referred to as the police brutality. The constitutional mandate to be freed from the excessive force is well elaborated in the reasonable search and seizure demands of the Fourth Amendments and the illegalization on the form of the unusual punishments and the Eight amendments and the cruelty. The force becomes excessive and quite illegal when the police officers proceed with the force after the suspects have already complied. Excessive forces bring harm to human beings than good. . This research paper seeks to evaluate on the reasons why the use of excessive force is wrong

Causes of the excessive use of force by the police officers

The cause of the excessive use of force by the police is which results in the police brutality. It is a general belief that the police officers are ‘Soldiers” in war on crime and this convinces them that it is really good for them to do some of the deeds that are not allowed during the normal situations. The police officers embraced this mentality just because of the citizens who have a greater influence of the crime fear and also agitated by politicians who always publicize the notion that the strict and tough security officers prevent the crime. In 1991, the motorist in California was beaten to death by the police with no clear reasons. The videotape containing a horrifying form of motorist beating was in public circulation and it clearly portrayed how the police had used the excess force in dealing with him. The media portrayed three Los Angeles police offices entirely beating by the use of a metal baton, stomping of the African –American women discrimination and kicking (Porter & Prenzler, 2015). Despite the videotape which was in circulation, the court could not accept with the excuse that it the lacked enough evidence. The application of the excess force which results in beating and knocking an individual down ,the use of baton, taser or any deadly force at the hands of the police men have really caused anger in the society. The use of police force is a legal responsibility within discretion; nevertheless, the application of the force may be abused or even misused by the policemen who don’t separate between the excessive use of force and the appropriate fine line of the legal application. The excessive forces have greatly affected the communities and the police organizations due to the public humiliation and the public perception on the police. Excessive use of force should not be entertained and there are various measures that can be undertaken to assist in reducing the number of cases.

In some of the instances, the physical force could be needed but the police officers should not be permitted to get away with the excessive force and the brutal act. The physical force is too excessive and it is not required since there are several alternatives by which a high risk conditions can be dealt with. The police should be more professional and should embrace a lesser evasive strategy under which they undertake their task in order to successful execute their tasks appropriately. The law of the state needs to be applied and upheld to everyone equally regardless of their job position. The utilitarian theory requires that any act undertaken should bring greatest amount of happiness to the community while trying to reduce the suffering (Atherley & Hickman, 2014).

The excessive use of force is an example of the abuse of power by those who are in the position of authority. The abuse of powers is not necessarily physical like in the case of excessive force; it can be oral or verbal which is portrayed through a series of the actions for instance in the case of the workplace humiliation and harassment. Every person is entitled to the civil rights and the violation of these rights demands an attention. Because of the state of the police officer’s job ,and the security of the public, it can be complex to identify if the excessive force was utilized (Atherley & Hickman, 2014). Nevertheless, it is crucial to know that the use of the excessive force is quite illegal and any police officer applying such kind of forces should be held responsible for their deeds. Some of the police officers get overexcited when they opt to punish someone instead of apprehending the situation or in some situation; they use the excessive force to cover up their form of misconduct. Whatever the motivation plan, the police should not abuse their powers by using of the physical force against the members of the public but instead, they should act as per the constitution of the land and their professionalism.

The members of the public have witnessed the case of the police officers misusing their powers especially when the unarmed individual dies at the hands of the police as a result of the impulse judgments by the police. This is a barbaric and shameful act since the police should act professionally and understand the situation when someone has decided to surrender himself/ herself, he/she should not be shot. Almost 7 cases in every 10 case reported of violation by 600 members of the public were considered disproportionate (66%) then 16% caused by the simple form of aggression (11%) and the harsh and inhuman and degrading development (7.5%) (Group, 2018). It has been found that the police are using the excessive force in order to cover their tactics and to facilitate their corruption deeds. This behavior should be shunned and we live as per the constitutional mandate (Worden, 2015). To avoid the case of police misconduct, it is advisable to forward the case as first as possible to the criminal department. The police officers ought to learn on how to lawfully apply the force so that they may not end up applying too much force on an innocent individual. You can’t apply the use of the excess force or use the deadly force when it is not required since it is unlawful and against the civil rights.

The view and the ability to manage the abuse of force by the security officers is considered to be directly related to establishing accountability and responsibility in order to encourage the application of the reasonable force. The security officers should not be given the power to use the force when dealing with the public since the case arising in the public domain can be simplified along the peaceful situation under which no one can be killed or injured. The police are permitted to utilize the force in their day to day daily exercise. The force can be utilized in making the arrests, restoring the peace or maintaining the peace and order. The critical issue for the officers are to be in a position to take control of the whole situation in a lawful manner (Worden, 2015).

The view and the use of excessive force have received a lot of attention from many people. The law enforcement, however, does not apply to the views of others. The use of excessive force applies when handling armed criminals or in military operations. In some cases, laws have been amended to suit the illegal killing whereby if the suspect is to be prevented from escape or purported some threat to the officer. The police brutality of killing by shooting mercilessly a suspect in the name of the arrest is illegal (Smith, et al 2014).

Filing of the civil rights is deemed necessary to curb the problem of excessive use of force. To find the act effective, investigation into the matter is very necessary. This is so as to find the objective reasonable. The perspective of having excessive force illegal and not fit applies when investigation into the matter was found having the following aspect; when there was no severity of the crime violated, when there was no threat posed to the officer, when there was no resistance portrayed by the offender, when another way of making the arrest was there but not applied and when warning in line to the crime could have been provided prior to application of excessive force. Therefore there is no benefit of the use of excessive force when human rights are violated at large (Cover, 2016).

The acceptance of some cultural values has increased cases of violence which have prompted the use of armed weapons wrongly by some individuals. This has also opened an avenue for use of excessive force on criminal matters. However, the application of the same is not necessary as it may tamper with the rights of the people when not done properly thus there is the need for the use of alternative methods. The act has increased the boundaries of criticism from the research over recent years. The need to impose the legal standard to address the issue should be a forward-looking idea to root out the biases of the inhuman acts taking the stage. The report was voluntarily reported by the police suggesting that the uncovered parts of the illegal acts are widespread (Cover, 2016).

The application of the law should be done basing on the scales of justice. In situations where the law is applied basing on the color or race is uncalled for and unnecessary. This is a total mess on the preservation of cultures and traditions of the police since confident in them is of fate. The notion that the police will receive little persecution when he/she persecute a law is on the rise. The sidelining of this statement is true and definitely has opened the use of excessive force. This should be much discredited since the law should apply equally upon the violation of it in regard (Cover, 2016). The militarization has led to extensive cases of use of excessive force. This has called for the notable response since it is wrong to human dignity and acculturation. Proper training on the use is essential in response to it. The repeated patterns of the use of excessive force have made the work of the offices lose. Citizens have remained in confusion and doubt on whether to put trust on them or not in the conservation of their freedoms and rights at large (Cover, 2016).

The role of psychology when addressing the use of excessive force

To fix this conflict, adherence to the call should be a matter of urgency. Over decades, psychologists have been considered to be of great help in addressing the issue in the police department with the aim of assisting the police to cope with situations accordingly. It has been helpful as it has lessened the riots that it might have emerged in response to the acts of excessive force. This has been achieved through counseling. The stereotype of bad officers has culminated the officers who do their work accordingly. This view has tried to argue that the excessive force comes from individuals with individual motives that resulted from their mental status at that moment. And this has called for a profile of concern from the relevant field (Smith, et al 2014).

A deficiency from the government in addressing some matters is also accredited to the use of excessive force. The contrasting attributes posed by an officer with some personality disorders in relation to the job is a threat. The government’s laxity in the address is gearing misconduct on duty when handling different cases (Worden, 2015). Complains from citizens may occur due to unfair judgment in relation to such officers when excessive force is reported (Smith et al 2014). Officers who have developed such symptoms should be noted and the matter is addressed in due course. The officers who are still young and inexperienced require close supervision. The police culture may influence them to act in this manner due to the frustration resulting from the duty. And therefore requires mentors to help them to act and grow professionally.

Innovations in the solving the use of excessive force

The quick sensation of the use of excess to the use excess force has been noted. In most cases, streamlining extraordinary situations call for extraordinary measures. Inculcation of well-propagated strategies has been a major concern. Negotiations leading to good relations in duty have been upheld. Assessment of the effectiveness of the methods in planted is on watch and feedback delivered on time (Porter at al, 2015).

On a further extension of the address of the problems resulting from the excess use of force, officers with poor patrolling styles should be noted. With ignorance or attempt to glue to the culture of vigilance, he/she may find oneself violating one of the human rights. The involvements into good strategies of approach are vital. With the identification of officers loaded with personal problems, the proper approach is administered to them before swaying from the line of duty. This issue is essential to prevent errant behaviors relating to the application of excessive force (Porter at al, 2015).

A big outlook also lies on the department of the police. Through screening, monetization and training play a major role in harnessing the problem of excessive force. While teaching, clear bounds on excessive force and management should be framed as something that requires an additional concern. The secrecy in the department should involve preservation of dignity by behaving ethically. The effectiveness of different departments in accordance with the law is mirrored through monitoring. This has helped in evaluating the value held in the department and also the preservation of the sanctity of human life (Porter et al, 2015).

The cohesive forces combined aimed at solving the problem of rampant use excessive force is of great help to human life. When different concerned parties remain alert to it, adequate measures are taken in solving the problems. There is a prediction of future ease of solving the problems when togetherness is enhanced. More of equal importance is when every individual approach every problem with a great sobriety. With due respect to the constitution, no one will be infringed since it aims at conserving their rights and freedoms.

Reference

Cover, A. Y. (2016). Reconstructing the Right Against Excessive Force. Fla. L. Rev., 68, 1773.

Smith, B. W., & Holmes, M. D. (2014). Police use of excessive force in minority communities: A test of the minority threat, place, and community accountability hypotheses. Social Problems, 61(1), 83-104.

Porter, L., & Prenzler, T. (2015). Improving police behaviour and police–community relations through innovative responses to complaints. In Accountability of policing (pp. 49-68). Routledge.

Group, C. (2018). Denver CO Excessive Force | Civil Rights Litigation Group. [online] Rightslitigation.com. Available at: http://www.rightslitigation.com/practice- areas/excessive-force//

Atherley, L. T., & Hickman, M. J. (2014). Controlling use of force: Identifying police use of excessive force through analysis of administrative records. Policing: A Journal of Policy and Practice, 8(2),123-134.https://academic.oup.com/policing/article- abstract/8/2/123/1506700

Worden, R. E. (2015). The ‘causes’ of police brutality: theory and evidence on police use of force. ER Maguire, & DE Duffee, Criminal Justice Theory: Explaining The Nature and Behavior of Criminal Justice, 2, 149-204.