Police Brutality and the Use of Excessive Force

Police Brutality and the Use of Excessive Force

Introduction:

Members of the police force are government officials who enforce the laws and maintain order. They are engaged in a dangerous and stressful occupation that can involve violent situations that must be controlled. In many of these confrontations with the public it may become necessary for the police to administer force to take control of a situation. Sometimes this force takes the form of hand-to-hand combat with a suspect who resists being arrested. The police do have strict guidelines to follow when using force. Force should be used in only the minimum amount needed to achieve a justifiable purpose. In Arrigo and Shipley’s Introduction to Forensic Psychology: Issues and Controversies in Law, Law Enforcement and Corrections, they discuss a four-phase model describing the stages that result in the decision to use deadly force. Police also have many tools at their disposal when the need for using force arises. These include the police baton, mace, tasers, handcuffs, police dogs, and firearms. An officer of the law can be properly trained to administer the law in an unbiased way that will not violate a citizen’s rights; however, this is not happening across the United States.

Definitional Aspects:

The issue of excessive use of force can be traced back to common law under English rule. It use to be known as the “fleeing felon” law, stating that an officer could use deadly force in situations that would protect the life of the officer or an innocent third party, to overcome resistance to arrest, or to prevent the escape of any felony suspect. (Arrigo & Shipley, 2005, 258) The broad circumstances of the fleeing felon law leaves many situations in question, as to whether or not the amount of force used in the event of apprehending an offender, was in fact lawful or not. The present day legal systems, as well as modern day criminal activity, have both undergone many changes. There are many more crimes now that are classified as felonies which aren’t necessarily dangerous nor are they life threatening. Additionally, technology today provides a more sufficient means of communication and organization that can help aid police officers in the apprehension of offenders. (Arrigo & Shipley, 2005, 258)

Coerced confessions are another matter in which the questioning of is prevalent among the general police force. According to Arrigo and Shipley, due process laws determine that interrogators may use certain tactics to attain confessions from an accused, provided the confession is voluntary and a product of an essentially free and unhindered detainee. Any tactics used my an interrogator that do not fall within these guidelines are to be considered “coerced” (2005, 262) The fifth amendment makes it clear that prosecutors cannot use any statements obtained unless