Use of force is sometimes required when dealing with an aggressive or resistant individual. Yet, force may become excessive. Excessive force refers to coercion that goes beyond the reasonable response in a particular situation (Kinnaird, 2003). Excessive use of force violates constitutional rights. A less discussed area is the ethical aspect of excessive use of force.
Excessive use of force involves different types of ethical violations. First, excessive use of force involves misconduct. Excessive use of force constitutes abuse of authority and discretion that negate the sworn duty of police officers to protect and serve. In dealing with complaints or investigations relating to excessive use of force, the police officer/s involved may also commit perjury. A different rendition of the incident maybe reported in order to establish that the use of force was not excessive. (Klaver, 2014) In responding to complaints or investigations, those involved may also deny responsibility, deny injury, or deny the victim in order to show that the use of force was legitimate. In denying responsibility, the situation that involved the use of force is blamed on the victim. Focus is drawn towards the criminal history of the victim or the involvement of the victim in drugs or prostitution. This may also be accompanied by planting of evidence in order to reinforce the negative portrayal of the victim. In denying injury, reports may not contain descriptions of the physical injuries of the victim or contain a description of inconsequential physical injuries that are expected from the regular course of encounters with civilians. In denying the victim, the police officer involved in the complaint may condemn the victim by citing malicious intentions or motives. (Braswell, McCarthy, & McCarthy, 2012) Second, excessive use of force also involves corruption and ineffective leadership. Excessive use of force may have occurred in relation to corruption, such as a civilian refusing a payoff. It could also occur because a commanding officer is complacent, consenting, or unable to effectively enforce discipline. (Klaver, 2014) Third, excessive use of force may also be tied to discriminatory beliefs by an individual police officer or as part of the culture of the police department. Racial profiling or stereotyping is often associated with incidents of excessive use of force. (Elliott & Pollock, 2014)
Several policies can be implemented by law enforcement administrators to minimize the chance of officers unnecessarily utilizing excessive use of force without impeding the discretion necessary for officers to effectively carryout their duties. Misconduct and corruption can be addressed by integrating ethical conduct in the selection and recruitment process, field and in-service training, organizational culture, and supervision or management (Kinnaird, 2003). The rationale is that ethical conduct is learned and reinforced throughout the course of law enforcement work (Elliott & Pollock, 2014). Continuous exposure to ethical standards can reinforce consistent ethical practice. Ethical issues involved in excessive use of force can also be addressed through a system of accountability for unethical actions by the individual police officer and the department as a collective (Klaver, 2014). Use of less lethal technologies can also be adopted and tested by police departments to reinforce the perspective that there is an alternative to using force that can still facilitate the conduct of police work. Technologies, such as body-worn cameras, can also be used to document police-civilian encounters to develop accountability for police action and reasonable restraint even in stressful situations. (Elliott & Pollock, 2014) Sensitivity training is important to lessen racial profiling that often escalate into encounters involving excessive use of force (Braswell et al., 2012).
Excessive use of force is a conduct that should be prevented. In instances when this occurs, it should be handled appropriately. Holistic policies that integrate ethical standards into the core of law enforcement selection, training, supervision, and culture should be implemented.
References
Braswell, M., McCarthy, B., & McCarthy, B. (2012). Justice, crime, and ethics (7th ed.). Burlington, MA: Anderson Publishing.
Elliot, K., & Pollock, J. (2014). The ethics of force: Duty, principle, and morality. In B. Fitch (Ed.), Law enforcement ethics (pp. 231-256). Thousand Oaks, CA: SAGE Publications, Inc.
Kinnaird, B. (2003). Use of force: Expert guidance for decisive force response. New York: Looseleaf Law Publications, Inc.
Klaver, J. J. (2014). Law enforcement ethics and misconduct: An introduction. In B. Fitch (Ed.), Law enforcement ethics (pp. 3-28). Thousand Oaks, CA: SAGE Publications, Inc.
