Criminal Justice Ethics, Research Paper Example

Abstract

Law enforcement is taxed with making split second decisions, which can cost another individual their life, as well as the officer theirs. Officers are trained to behave in a reasonable and ethical manner when using force, however are taxed with stressful situations and unruly subjects. Police technology and less than lethal weapons have increased the tools that they have to control situations; however there is still the fear of the misuse of excessive force. Situations such as the beatings of Rodney King have led law makers and police around the world to consider their policies and beliefs about the use of force, as well as impacted society. This paper will discuss cases of police force, justifications and their impact on society.

Police Use Of Force & Societal Impact

The police are sworn officials meant to protect and serve their respective community. They wear many hats and are required to make split second decisions that can be scrutinized for years and even land them in custody themselves. The use of force has long been a controversial debate and many still agree to disagree on the subject. Much of the controversy comes to surface when the use of force creates a negative experience for an individual that then becomes a focus by the media. The question then becomes, were the police justified and did their use of force maintain the minimum amount of force necessary to subdue the perpetrators actions? The purpose of this paper is to explore the use of force, particular force situations and the impact on society as a whole.

Minimum Amount Of Force Necessary

Law enforcement officers are required to use the minimum amount of force necessary to cease the threat. The power and regulations for the amount of force used is set forth under statutory law, as well as state law (Stetser, 2001). They receive training that prepares them to deal with dangerous subjects and situations by reacting with an appropriate and psychologically sound reaction. The goal of each officer should be the assessment of every situation and base their behavior on a reasonable exertion of force. One of the most famous cases that was highly publicized was that of Rodney King. While Mr. King was resisting arrest and officers were found to use appropriate force, it became unreasonable only at the last six or seven strikes to Mr. King (U.S. v. Koon). Mr. King had head injuries, facial fractures and even a broken leg, which was all ruled during the trial as reasonable for the amount of resistance that he presented while officers tried to arrest him. The media portrayal of the incident criticized the officers for using what they believed to be excessive force, however a court of law only noted that the officers used excessive force only when King had stopped resisting, and they continued to hit him. The short video clip certainly was not sufficient for citizens to make an educated decision, but it did create an uneasy feeling about the power and ethical decisions of law enforcement regarding society.

A more recent case was ruled by a Nevada court as a justified homicide. A Nevada officer was sent to a domestic disturbance where Kevin Johnson was said to have attempted to strangle his wife, which caused their seventeen year old son to intervene. Mrs. Johnson called for authorities and stated that her husband had been drinking and was belligerent; also that she feared for her life and her sons (Jennett, 2011). Dispatch notified the officer that there were known hunting guns in the home. After arriving the officer entered the home, spoke with an unreasonable and irate Mr. Johnson, which escalated to his threatening the officer. After using his Taser to subdue the subject, Mr. Johnson charged the officer. The officer shot Mr. Johnson, stating that he was in fear for his life (Jennett, 2011). The extenuating circumstances that were cited by the officer included the size difference between himself and Mr. Johnson, as well as the display of weapons that were clearly accessible to Mr. Johnson.

The Attorney General’s Office conducted an investigation, finding the officer was justified in his use of deadly force. It was ruled a justifiable homicide and the case was closed, as the officer was in fear of his life. Ethically, the officer acted to end the threat to him and Mr. Johnson’s family members. The justification for deadly force is the preservation of the officers or another person’s life, therefore granting him the right to use deadly force in this situation. Mr. Johnson’s mental instability and erratic behavior led those around him, as well as the court to believe that he was capable of harming himself or others. The autopsy performed detailed that his blood alcohol level was .211 at the time of death, which would suggest that the man was not in his right mind or acting as a reasonable person would (Jennett, 2011). Mrs. Johnson and her son both stated that Mr. Johnson intended to harm the officer and that they were in fear of their lives, which assisted the ruling of a justified homicide.

Social Impact of Police Use of Force

Today officers rely on an array of less-lethal weapons than in the past. The 19^th century changed the use of wooden clubs to pepper spray and Tasers, therefore decreasing injury to suspects as well as officers. A recent South Carolina University study suggests that injuries to officers and civilians during use of force events ranges between 17 and 64%, with an officer injury rate of 10-20% (Bulman, 2010). Bruising, scrapes and cuts as well as dog bites are the most typical injuries sustained in use of force situations. The advancements in technology allow officers to control situations through the use of less lethal manners, therefore reducing injuries to themselves and the offender. While the use of pepper spray or Tasers may cause minor injuries and discomfort to an individual, they are not life threatening. This allows the officer to control the situation and take individuals into custody without engaging in contact that could become lethal.

Granting officer’s permission to use advanced tools also allows them the opportunity to control the situation without making a decision that could jeopardize another individual’s life. This is particularly true with individuals who are intoxicated or not in thinking correctly during the use of force event. The mere use of command presence and the knowledge that an officer has an array of tools has been proven to be a deterrent for perpetrators (Schmalleger, 2008). This places less of an emphasis on the officer’s judgment and quick decision, therefore allowing the individual to face trial, rather than meet punishment during police contact. The United States is founded on the “innocent until proven guilty” and by officers having additional less than lethal resources it enhances the judicial process. Because they are more likely to make use of pepper spray or Tasers, decreases the lives taken in highly charged situations and prevents the unnecessary loss of life.

In conclusion, the use of police force must be a delicately and structured phenomenon across the country. Many agencies and law makers must protect both officers and civilians from abuses of power. While technology and advances in policing have afforded additional tools for officers to use, there will always be the possibility of misuse. It is however an ever-changing society as in car videos and other monitoring techniques are used to protect both officers and civilians. Video surveillance is not only a protection for officers, but also assists society in maintaining the policing of the police. Granted, most officers are truly dedicated to protecting and serving their community, however they are human beings that can make the wrong choice. By providing additional resources and strict ethical boundaries for training, officers will benefit, as well as society as a whole.

References

Bulman, P. (2010). Police Use of Force: The Impact of Less-Lethal Weapons and Tactics. Washington, DC: National Institute of Justice, Winter 2010 (NCJ233281).

Jennett, L. 12 May 2011. Nevada police officer justified in shooting, attorney general says. Ames Tribune Front. Retrieved May 29, 2011, from http://www.amestrib.com/articles/2011/05/12/ames_tribune/news/doc4dcaf0e007d52865386446.txt

Schmalleger, F., & Smykla, J. O. (2009). Corrections in the 21st century (4. ed.). Boston: McGraw-Hill Higher Education.

Stetser, Merle. The Use of Force in Police Control of Violence: Incidents Resulting in Assaults on Officers. New York: LFB Scholarly Publishing L.L.C. 2001 U.S. v. Koon, 833 F.Supp. 769, at p. 776.