Essays on Deadly Force

Introduction

Law enforcement has turned out to be extremely challenging in the contemporary changing social and cultural climate. It has continued to experience a range of challenges that are generated by the existing environment. The law enforcement practices, as well as policies, have received a lot of public scrutiny. Terrorism, large-scale population movements, globalization, and entrenched social problems have made the enforcement of the law, especially by the police, more challenging. The contemporary policing is primarily marked by the uncertainty and broadening of crime deterrence problems. Among the law enforcement officers, the police have been scrutinized heavily by the public. ...

Issue: The current shooting incidents at the hands of police officers are on the rise, with no hint of slowing down. From the shooting of Rodney King in the early 1990s by Los Angeles Police Department (LAPD) officers to shooting of Amadou Diallo in late 1990s at the hands of New York City Police Department (NYPD) officers there have not been as many incidents of what many see as either police brutality or police misconduct in over 20 years. There was a long period of drought where police incidents were sparse. This dry spell broke in 2014, when Officer ...

Many are the times that the incidences of police shooting suspects have been documented and resulted in public outcry nationwide. In most instances, the suspects shot have been established not to be armed contrary to the positions that the police may have taken thus making such shootings amount in wanton violence (Saint Louis University Law Journal, 2016). The police usually use force which in this case may refer to the firing of a gun in situations aimed at preventing suspects from escaping, or in regards to defending themselves or other officers from possible harm or risk of death. There ...

In this July 2013 trial, George Zimmerman stood accused of the second-degree murder of teenager Trayvon Martin. Zimmerman had shot Martin in February 2012 after a confrontation between the two in Sanford, Florida. From the beginning, Zimmerman defense team did not deny that he had shot Martin but rather that he shot Martin in self-defense (Linder, 2014). Claiming self-defense is one of the fundamental principles of exculpation in criminal law. The theory underlying exculpation holds that in some situations although a person has otherwise acted criminally, their actions are justified and therefore should not be subject to punishment. In ...

INTRODUCTION

In human society there have always been laws and lawbreakers. Police were designed to protect the public from the dangerous offenders who might steal from them, harm them or kill them. The idea was that police were to be a positive inclusion in American cities, towns and neighborhoods. In some cases and some places they are exactly that. However, over the last few years there have been more and more instances where police have committed acts of unnecessary force, extreme violence and, unfortunately, including the use of deadly force in cases where their actions and motivation are being questioned ...

Introduction: According to the rules of the Memphis, Tennessee Police Department and the law of Tennessee, a police officer can use deadly force in apprehending a fleeing felon after exhausting all reasonable efforts to apprehend him. The police department authorizes a police officer to enforce the shoot-to-kill policy instead of just wounding the felon. Is this act constitutional? The aim of this paper is to explain to the readers why the police officers in the Tennessee v. Garner case violated the Constitution by using deadly force against Garner. Thesis: Are the Memphis police officers liable for using deadly force ...

The stand your ground law became a hotly debated topic due to the case that involved Trayvon Martin and revolved around the shooting down of an unarmed 17-year-old by a watchman. The shooting occurred in 2012 and since then there have been suggestions to make laws that protect citizens, this was amidst the hotly contested nationwide debate on gun control. The trial sparked the law, and the facts were crucial as Zimmerman claimed to act in his defense as Treyvon looked suspicious. This led to a series of protests and rallies in anger against the killings before his burial ( ...

(Institute/College/University)

Executive Summary

Recent news reports on racial minorities being shot and killed by the police, or by those taken into custody and are reported to have died while in that situation, pose a grim reminder that the relationship of law enforcement and the racial minorities in the United States have been one filled with tension and conflict, mistrust and suspicion, fear and force, and domination and struggle. This is not a civil rights position paper; rather, this is a research geared to proffer that the instance of encounters between racial minorities and the police have been generally characterized by conflict ...

Introduction

The Trayvon Martin shooting of 2012, in which George Zimmerman shot a 17-year-old black youth whom he believed was acting in a threatening manner. The controversy surrounding the murder and its subsequent trial brought up intriguing and complicated discussions surrounding Florida’s Stand Your Ground laws, which stated Zimmerman had the right to defend himself with deadly force if he felt threatened. Stand Your Ground laws have encountered a great deal of discussion in recent years due to this case and many others, in which the issue of being able to defend yourself with lethal force is taken into ...

Introduction

The fundamental objective of governments is to protect their citizens. As the most discernable government arm, law enforcement authorities (police force) are on the forefront in the contest to protect the public from harm, and to maintain public order. To achieve this objective, the society gives a unique power in civil government to the police force, which involves controlling the behaviour of the public. In the most undeviating way, and on a daily routine, police officers are involved in the control and management of the behaviour of the fellow citizens (Adams et.al, 1999).

Police officers are government executives who are tasked ...

Body Cameras and Police Policies

Abstract In the United States, significant attention has been placed on law enforcement use of body cameras. Police body cameras are small devices that are attached to the officer’s uniform or worn as a head piece that record police interaction with the public. Both supporters and opponents of the use of these cameras have cited several reasons for their stance and the issue remains controversial. This paper takes a deep look at this issue with particular focus on the importance and the role of police body worn cameras. Some of the major aspects that will be explored in the ...

As debates continues concerning gun laws and the amount of violence in the United States, many citizens have voiced increasing concerns about personal safety and the amount of force that is considered to be justifiable when faced with threats of violence or death. As a result, Stand Your Ground laws have been enacted in many states to establish the legal boundaries the rights afforded to individuals to protect themselves from imminent threats. The legalities provided by the Stand Your Ground laws gives pause to reflect on are laws of this nature necessary in this ever-changing world or do these laws ...

Abstract

Using force in the administration of justice and restoring peace and order is often necessary under certain circumstances. The law enforcers often consider the need of force in various cases, such as when apprehending hostile individuals and in self defense. There are many controversies involved in the use of force made by the law enforcers, and it can sometimes generate news headlines and is often times described as an abuse of power and authority among the police officers. The use of force is viewed as a necessary means of administering the law, but it can convey a different meaning to the ...

Paper Due Date

Introduction/Background Shell is a Global Energy Company which operates in 70 different countries. The company employs ninety two thousand (92,000) employees world-wide with its corporate headquarters is in The Hague, Netherlands. Shell operates thirty refineries and produces three point two (3.2) million barrels per day. Shell’s mission statement is: “Shell is a global group of energy and petrochemical companies. Our aim is to meet the energy needs of society, in ways that are economically, socially and environmentally viable, now and in the future” (Shell 2014).

Shell operates in sixteen (16) key segments:

- Credit Card Services - Motor Sports - Aviation - ...

Introduction

The state of Texas, just north of the United States-Mexico border, shares a 1,200 mile border with the neighboring country of Mexico. For years, numerous people who are not citizens of the United States have tried and often succeeded in entering the United States illegally through this vast border. Some of the people who enter through the border illegally are trying to relocate to the United States of America in an attempt to find what they hope to be a better life. Others are exploiting the border in the hopes of profiting from committing crimes such as drug trafficking and ...

For example Elizabeth L. Angeli, Department of Psychology, State University.

This research was supported in part by a grant from the Sample Grant Program. Angeli, Department of English, Purdue University, West Lafayette, IN 55555 Use of force by police officers in Pennsylvania In Pennsylvania the police officers are allowed to use deadly and non-deadly force. However the deadly force that my cause serious physical harm or even death should be used with caution. The deadly force can only be used as a last resort when other methods of arrest fail. On the other hand the non-deadly force ...

Part 1---The Issue

The action of police officers has often raised concerns of “excessive force.” It is common to see video reports and news showing the police beating and kicking a suspect. There are no clear lines defined as to where to limit the start and use of excessive force. This is because the term ‘excessive’ will tend to have different meanings in different jurisdictions. The police departments continue to make headlines due to the allegations of excessive force, drawing public attention to the issue of law enforcement reforms. The power and authority are central concepts of political order, and police, work ...

Discussing the Issue of Police Brutality

INTRODUCTION You hear breaking glass, someone coming of the stairs, and you are hiding on the floor of your closet; what are you going to do? You have no security systems, weapons, or a way to get out of the house; what are you going to do? Well, if you have a telephone, or better yet a cell phone, which most everyone does these days, then all is not lost. You are going to dial 911 and pray for the police to get there in time. For many people police represent an image of safety and protection. However, that is not ...

The Professor's name

In the article Katrina Shows Racial Divide in America, the author Jamal Watson, reintroduces the issues of racial inequality that exists in the USA. Watson uses the historical ladder to describe the position of African-Americans in the modern society. It seems that racial divide is under spotlight only when some natural disaster affects the population of African-Americans. In this article, the hurricane Katrina serves as an evidence of the racial disparity. Watson argues that the issues of African-Americans are not presented to the rest of the world fairly. According to Watson (2007), "In my experience, many people outside America ...

The fourth amendment to the US Constitution provides and ensures one of the fundamental human rights. This amendment guarantees freedom against unreasonable search and seizure by public servants and officials or any other agents of the US government. In order to conduct search and seizures legally, such officials and governmental agents are required to have reasonable ground, on the basis of which they receive specific warrant. There are many cases concerning this constitutional amendment that were considered and decided by the US Supreme Court. And the landmark decision in this sphere is Tennessee v. Garner. According to the ...

Deadly Force in Criminal Justice

Ever since 9/11, America has been tough with extremists and terrorists within her borders and also outside. The complexity is weeding out terrorists within the country has made the job of security agencies even harder. Since its inception, the Department of Homeland Security has steadily increased its budget, says Bullock et al (2009). The government is forced to spend much more on arming the police and other security agencies within the country against possible terrorist attacks. While in the past the emphasis of the law enforcers was to act against criminals when there was an attack on its soil, ...

[University]

Introduction

Perhaps no clause in the U.S. constitution has been so misconstrued and debated as the Second Amendment. In fact, even the Supreme Court could not make up their mind as to the true meaning of “A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed”. A decisive interpretation to this clause has been quite elusive. Since its ratification, only a few cases have found its way to the Supreme Court while the court’s decision has not helped clarify the matter more than being ...

Self-defense refers to an individual’s right to protect themselves using reasonable force against someone else attempting to inflict harm upon them. On the other hand, deadly force refers to an action that is known to create a risk of serious bodily harm or even death to one or more people. (Nationalparalegal.edu, 2014). Self-defense is thus used when an individual reasonably believes that someone is about to use deadly physical force unlawfully when attempting to or committing crimes such as kidnapping, assault, burglary, rape, forcible sodomy and robbery (Edition.cnn.com, 2014). However, there are several factors to be considered in ...

Cheng, C., & Hoekstra, M. (2012). Does Strengthening Self-Defense Law Deter Crime or Escalate Violence? Evidence from Expansions to Castle Doctrine . Journal of Human Resources , 1-43. The findings published in the journal indicate that the adoption of the stand your ground laws increases the crime rate. The study found that there was a 7-9% increase in manslaughter rates and that adoption of the laws increased justifiable homicide by 17-50%. Jansen, S., & Nugent-Borakove, M. E. (2007). Expansions to the Castle Doctrine: Implications for Policy and Practice. National District Attorneys Association Symposium (pp. 1-24). National District Attorneys Association.

- Concerns have ...

(School/University)

Castle Doctrine and Stand Your Ground

In self defense, the basic philosophy is that the amount of force to ward off the threat must be proportionate to the force that was being threatened to be used. In essence, lethal force is only permitted to be used in cases in stopping the infliction of grievous bodily harm that can result in possible death, the death of the person or loved ones, or rape or “sexual assault” in Michigan. The person using deadly force legally must possess a reasonable belief that by using such force, one if not all three of these scenarios will be prevented, and ...

The defense of one’s home is a major concern for most citizens. The degree to which an individual can use force or even lethal force in defense of their homes has received great attention and debate over the past years. This paper looks at the laws regarding self-defense in Maryland. Maryland does not have self-defense laws written as legislation, but they have many case laws that serve as guidelines in such situations. Self-defense does not only apply at home (Barker 1). The defense law of Maryland stipulates that any person using force intended or likely to cause harm ...

In some situations, it is crystal clear that force used against a malicious criminal is in self-defense and necessary to prevent serious injury or death, but in other cases, there is significant gray area in the space where self-defense and excessive, or aggressive, force meet. In this murky space where self-defense and aggression meet are “Stand Your Ground” laws. As the recent George Zimmerman-Trayvon Martin incident and subsequent trial has proven, Stand Your Ground” laws can ignite passionate debate about gun control, the right to defend property and self, race and other factors. Most self-defense laws in the United ...

There are at least four alleged crimes and one possible civil suit in the case study. The alleged crimes include obstruction of justice, resisting arrest, possession of illegal drugs and a case of domestic violence. The potential civil suit in the case study is that of use of deadly force during arrest. This paper will briefly and concisely canvas each of these legal actions. The lady who approached Officer Jones and reported that she has been robbed and assaulted committed the offense of obstruction of justice. She lied to a police officer that she was attacked by a robber wearing a red ...

Criminal Law

Policing is a dangerous job due to the prevalence of accidents, injuries and the possibility of death during the course of performance of the police duties. Reno, Fischer, Robinson & Brennan (1999) stated that police officers are given the authority to use force in particular circumstances that puts their lives in danger. These police officers have undergone proper training in the use of force and commonly confronted with several incidents while on service. Some of the typical scenarios that make the lives of police dangerous are when they have to employ force during arrests, restraining unruly combatants, or controlling a disruptive demonstration ( ...

A review of the Stand Your ground Act

Abstract Although laws are made with an intention to help people, sometimes it is unfortunate there is no consensus on its necessity among the people.. The ‘Stand Your Ground’ laws in one such law in which there is much controversy. While use of deadly force to defend self is acceptable by all, there is a possibility of the Act being revoked by the defender after unnecessary killing to go scot free. After the Trayvon Martin case of 2012, there has been a major outcry to reform it or abandon it. Although ‘Stand Your Ground’ law has been determined as right ...

471 U.S. 1,105 S. Ct. 1694, 85 L. Ed. 2d 1,1985 U.S. The facts in this case that upon arrival at the location of a suspected burglary, the officers saw the victim fleeing the scene. The officers called out to the victim to stop and saw he was unarmed. As the victim was climbing a wall to escape, an officer shot him in the back causing his death. The officer was acting within Tennessee statutory and used all necessary means to effect the arrest. The higher court held the Tennessee statute to be unconstitutional in that it authorized ...

1). It can be argued that police officers and other law enforcement officials have one of the most difficult jobs in the United States. The answer to whether police officers should have the same due process as a citizen is quite simple. The U.S. constitution guarantees rights, including the right to due process, for each and every citizen of the United States, and law enforcement officials are also ultimately the citizens of the country. It is often argued that law enforcement officials should not possess rights greater than those possessed by other citizens. However, this also means that their rights ...

Abstract

This paper looks at the nonlethal and less-than-lethal options of force for law enforcement officers. The weapons explored include pepper spray, tasers, and impact projectiles. Also discussed are new inventions that will become available soon. For instance, a thermal gun, an electromagnetic gadget that causes the person to have an epileptic fit, and a variety of nets are currently in progress. This paper discusses a key concern with the use of these weapons: one of safety. Each weapon has its advantages and disadvantages of use. A foremost concern is the overuse of these weapons on children, pregnant women, and the elderly. Included ...

The Stand Your Ground Law as the law that governs issues and legal position with regard to self-defense. The general definitions of the law covers two basic perspectives, that is, one, that there is practical believe or certain threat to an individual and that secondly, that the option or obligation to retreat is beyond the individual. The legal concepts as provided by the Stand your ground law allows an individual to use lethal force and at the same time act as immunity or a basis for defense against criminal charges. Goodnough, (2005) argues that legal aspects as provided by the ...

Police agencies all over the nation use canine units to combat crime. Over 7,0000 police dog programs have been deployed in police agencies around the United States. Police dogs are used in law enforcement for a wide variety of tasks, including the detection of illegal substances, crowd control, suspect search and apprehension, and police protection. Police departments with well-established programs are expanding them, and those that lack canine units are planning to deploy them. However, the use of canine units in law enforcement has its critics and there have been a number of litigations connected to the use of ...

According to Scharf et al (2008), In the Policy Journal Studies, a cipher of ethics is believed to be the moral compass that is crucial and necessary for making decision on how to act in critical moments within the police department. Ethics is vital for the police since they have great influence in the society. Since the police are involved in daily critical decision making, their ethics have got a great influence and effects in our lives. Thus it is vital that the members of the police force do right things without bias. Ethics is imperative for the law enforcers ...

Justifications and Excuses

Justifications are statements explaining some actions or belief. These statements make something to be comprehensible by the way they describe relevant structure or operations. The aim of justification is to show that an action is reasonable or necessary (Amy & Herdman, 2009). Excuses are explanations, which are offered to justify or to obtain forgiveness. They do not claim the conduct, which is in question to be justified. However, excuses suggest that the perpetrator, at the time of the act was suffering under some circumstances. This is aimed at making the actor not to be legally responsible for his or her ...

Introduction

The use of police discretion is a major challenge to the police today. Police discretion is the availability of a choice of options one can take in a situation. Discretion involves making a judgment and a decision, Dempsey J. (2009). The criminal justice system involves various amounts of discretion. A police can sentence a defendant on bail or order the defendant incarcerated until trial. In police, there are huge cases of discretion because the crimes committed by the people are not always the same. The police have to perform broad discretion behind a façade of performing in ministerial fashion. The police use discretion to arrest, ...