In the previous assignment, you developed a position paper for the research topic that you have identified and explored. You have recommendations for change, revocation, modification, and addition to
The Impact of Police Use of Force Policies on Community
Ashlee Williams
Colorado Technical University
Prof. Paul France
September 29, 2024
The Impact of Police Use of Force Policies on Community
The U.S. criminal justice system has come under heavy criticism for two major issues: the use of law enforcement force and racial inequality in sentencing and prison time. These issues are of importance to the community as they influence public perceptions of the judicial system and confidence in it. This research will thoroughly investigate these matters and present important concerns, along with proposed adjustments and their significance. Recommendations for addressing these challenges will also be provided, along with their potential effects.
Importance of the Issues
The discussion about police use of force has intensified due to several significant events in which unarmed civilians from minority groups suffered fatal of serious harm at the hands of law enforcement. These cases often gain the media’s attention, but the issue goes deeper. There is a lack of uniformity in the use of force policies among different law enforcement agencies and inconsistent national guidelines (Harris, 2020).
This is a long-standing concern about disparities in sentencing based on race. Research shows that Black and Latino individuals are at greater risk or arrest and conviction and receive tougher sentences than their white peers for similar offenses. These differences affect the individuals as well as their families and communities, leading to increased doubt about the justice system. This joining of matter creates significant social tension and raises questions about equality and fairness in the country (Harris, 2020).
Key Problems
Police Use of Force
The issue of police use of force stems from the lack of standardized guidelines. Currently, each police department establishes its own rules, leading to significant variations in officers’ conduct under similar circumstances. While some departments prioritize non-violent communication to de-escalate conflicts, others are more inclined to resort to physical measures from the outset. This disparity creates positive and reassuring perceptions of the police in some areas, while generating negative and fearful perceptions in others. A critical concern is the lack of comprehensive training for police officers on non-forceful policing methods, resulting in unnecessary use of force and further straining police-civilian relations. Besides, absence of a feedback time whenever force is applied inappropriately also plays a big role. For many of these cases, no action will be taken against the officers who have used excessive force (Roberts, 2016).
Racial Bias in Conviction and Imprisonment
The disparities in punishment and imprisonment based on race are deeply rooted in historical and structural factors. A clear example of this is the impact of mandatory minimum sentencing laws, which have a devastating effect on minority communities. These laws fail to consider individual circumstances and compel judges to impose severe sentences for certain offense, particularly those related to drug use. As a result, minorities, who are disproportionately arrested, for drug-related crimes, bear the brunt of these unjust laws (Engel & Harold, 2020).
In the criminal justice system, there are challenges related to unequal treatment of ethnic groups. This involves both conscious and unconscious prejudice based on ethnicity. Research has found that Black and Latino defendants are often perceived as more dangerous or more likely to reoffend, leading to longer prison sentences and high bail. Additionally, many pretrial detention systems, such as cash bail, disproportionately affect these individuals who are often poor and people of color. As a result, when they are unable to pay bail, they remain in prison awaiting trial and face a higher risk of severe punishment (Stevenson, 2018).
Proposed Changes
Police Use of Force
The U.S. urgently needs to adopt use-of-force reform, including the establishment of a standardized use-of-force policy. These crucial standards would ensure that all police officers across the country adhere to a consistent set of guidelines when using force, leading to greater accountability and a reduction in unjustified violence. Furthermore, it is imperative that these guidelines encompass the implementation of de-escalation methods, which are essential for preventing harmful outcomes (Franklin & Henry, 2020).
The need for change lies in the enhancement of officer training. Currently, many police officers lack formal training in conflict de-escalation and effective communication with ethnic minorities. It is crucial to improve training courses to empower officers to navigate stressful situations without resorting to force. This approach will not only safeguard citizens but also mitigate the risk of harm or disciplinary action for the officers (Franklin & Henry 2020).
Finally, it is crucial to hold officers accountable for their use of force. To achieve this, the establishment of independent boards to investigate cases of police brutality and impose appropriate penalties is necessary. Officers should anticipate facing reprimands if they resort to excessive force (Franklin & Henry 2020).
Racial Disparities in Sentencing and Incarceration
To address racial disparities, particularly in the areas of sentencing and incarceration, the following recommendation are suggested. First, the legislation requiring certain offenders to be sentenced to a minimum period of imprisonment should be eliminated. These policies restrict judges from providing individualized justice and have had a detrimental effect on minority communities. Allowing judges more discretion in sentencing can lead to fairer outcomes for individual cases (Brown, 2018).
The bail system needs reform. It unfairly penalizes individuals for their financial status by requiring them to pay cash bonds for release before trial. By enacting laws to decrease the use of cash bail for non-violent offense, more individuals, mainly those from black communities, can be freed without unnecessary detention (Brown, 2018).
Furthermore, it is imperative to implement mandatory racial bias training for judges, prosecutors, and police officers. This training is crucial in mitigating the impact of stereotypical perceptions in decision-making processes in both the legal system and law enforcement. It is evident that the justice system must prioritize fairness for all individuals, no matter their race or color (Brown, 2018).
Viability of the Proposed Alterations
Police Use of Force
The proposed policy changes regarding the use of force are backed by strong evidence. For example, evidence shows that training in conflict resolution significantly reduces the use of force. By training police officers to handle situations without resorting to force, we can reduce unrest and save civilian lives while minimizing risk to officers (Light, 2022).
This has increased accountability and fostered better relationships between the police and citizens. Independent review boards enhance credibility and ensure that police departments are operating effectively. When the public witness officers being held accountable for their actions, they are more likely to collaborate with the police and ongoing investigations (Light, 2022).
Race Discrimination in Sentencing and Imprisonment
Anticipated Outcomes
The removal of mandatory minimum sentences is supported by research showing that these laws do not necessarily reduce crime but contribute to racial disparities in sentencing. Without these laws, judges can determine punishments that are more just and appropriate for each case. Similarly, the need for bail has been examined to reduce racism in pretrial detention. Legal systems that do not use cash bail for non-violent crimes have seen fewer low-income minority individuals detained before trial, leading to improved fairness (Harris, 2020).
Police Use of Force
If these changes are implemented, we can expect a decrease in the overall number of police use-of-force incidents, leading to improved relations between law enforcement and the public. This will help the public see police officers as protectors of their safety and communities, as they will be trained to de-escalate violence. Additionally, increased accountability will raise awareness of the importance of the justice system (Youngers & Rosin 2005).
Ethnicity in terms of arrests and imprisonment
The changes in sentencing and the bail system are crucial to restoring justice by reducing the disproportionate number of people of color who have repeatedly face injustice. AEGIS is a significant step in the right direction as it gives judges the freedom to make decisions for themselves and abolishes cash bail for petty crimes. This will guarantee that the justice system work towards the fair treatment of all people of color, regardless of their economic status (Youngers & Rosin 2005).
Conclusion
The issues of police brutality and mass incarceration are critical challenges within the US criminal justice system that demand immediate attention to restore it integrity. By establishing national standards for police conduct and reforming sentencing and bail procedures, we can create a better system that safeguards the rights of all individuals. These changes will not only provide greater justice for marginalized communities but also form a stronger trust and collaboration between law enforcement and the public, ultimately leading to a safer and more equitable society.
References
Brown, A. L. (2018). From subhuman to human kind: implicit bias, racial memory, and Black males in schools and society. Peabody Journal of Education, 93(1), 52-65.
Engel, R. S., McManus, H. D., & Herold, T. D. (2020). Does de-escalation training work? A systematic review and call for evidence in police use-of-force reform. Criminology & Public Policy, 19(3), 721-759.
Franklin, T. W., & Henry, T. K. S. (2020). Racial disparities in federal sentencing outcomes: Clarifying the role of criminal history. Crime & Delinquency, 66(1), 3-32.
Harris, D. A. (2020). A city divided: race, fear, and the law in police confrontations. Anthem Press.
Light, M. T. (2022). The declining significance of race in criminal sentencing: Evidence from US federal courts. Social Forces, 100(3), 1110-1141.
Roberts, J. (2016). Distortion of Justice: How the Inability to Pay Bail Affects Case Outcomes.
Stevenson, M. T. (2018). Distortion of justice: How the inability to pay bail affects case outcomes. The Journal of Law, Economics, and Organization, 34(4), 511-542.
Youngers, C. A. & Rosin, E. (2005). The US ‘war on drugs’: its impact in Latin America and the Caribbean. Drugs and democracy in Latin America: The impact of US policy, 1-13.
