Criminal Justice Report: Analysis of Police Use of Force Cases

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Added on  2022/08/15

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This report examines the use of force within the criminal justice system, focusing on the authority and limitations placed on law enforcement officers. The report delves into the nuances of physical force, the legal framework, and the circumstances under which it is permissible, such as self-defense or when a suspect poses a threat. It discusses the importance of the Fourth Amendment and the legal parameters surrounding searches and arrests. The report highlights the concept of 'deadly force' and references U.S. Supreme Court rulings like Tennessee vs. Garner, emphasizing the justifiable use of lethal force to prevent severe injury or escape. The report also provides references to relevant scholarly articles, which gives a comprehensive overview of the topic.
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Running head: CRIMINAL JUSTICE
Criminal Justice
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1CRIMINAL JUSTICE
The quantity of physical power, which is essential to regulate the conduct of a person
under the police authority is considered to be as ‘force’. Many scholars are of the view that while
dealing with arrests, it is not always necessary to apply physical force. It is the responsibility of a
police officer to determine in which cases the use of force is essential and how much force is
accurate to apply (Ariel, Farrar & Sutherland, 2015). In other words, the basis of such level of
force is level of resistance. Not only that, the use of force is not permitted in every cases, it is
permitted only under some particular circumstances, for instance, self-defense or while
defending other (Freeman vs. Gore [2007] 483 F.3d 404). The moral teaches people that it is
not right to harm one another except in case of defending.
There are various options for control obtainable to the law implementation officers while
contacting with an individual who is assumed of committing a crime. Many times it has been
observed that, in these types of cases the use of force is not mandatory. Many scholars stated that
while arresting a person physical force is not mandatory. In fact, several arrests can be made
without applying physical force (Paoline III & Terrill, 2011). As per the Fourth amendment of
the U.S. Constitution, a law implementation officer has the authority to stop a suspect on the
street and search an individual without probable reason to apprehend, if the officer has a rational
doubt that the person is about to commit a criminal activity and has a justifiable belief that that
individual ‘may be carrying weapons or currently dangerous’ (Terry vs. Ohio [1968] 392 U.S.
1). These situations are changed if that suspected person tries to escape or tries to use deadly
weapons. In these cases the officer may use excessive force (United States vs. Dykes [2005]
406 F.3d 717).
For the purpose of ‘deadly force’ it has been established by several scholars (Gross,
2015) the U.S. Supreme Court that a law implementation officer, who has justifiable reason to
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2CRIMINAL JUSTICE
believe that a suspect poses a threat of severe injury to the officer or other individuals may utilize
deadly force in order to avoid escape (Tennessee vs. Garner [1985] 471 U.S. 1).
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3CRIMINAL JUSTICE
Reference
Ariel, B., Farrar, W. A., & Sutherland, A. (2015). The effect of police body-worn cameras on use
of force and citizens’ complaints against the police: A randomized controlled
trial. Journal of quantitative criminology, 31(3), 509-535.
Gross, J. P. (2015). Judge, jury, and executioner: The excessive use of deadly force by police
officers. Tex. J. on CL & CR, 21, 155.
Paoline III, E. A., & Terrill, W. (2011). Listen to me! Police officers’ views of appropriate use of
force. Journal of Crime and Justice, 34(3), 178-189.
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