Use-of-Force Ethical Issues

Use-of-Force Ethical Issues

Introduction

Police officers serve a multitude of functions in society. They are the most visible component of the criminal justice system and are called on to handle a myriad of situations. Due to the sheer number of criminal statutes, it would be impossible for officers to enforce all laws all the time. Therefore, officers are given the ability to use discretion in the commission of their duties. Discretion is an individual officer's judgment as to the best course of action during police encounters. This research paper presents an analysis of ethical aspects of use-of-force in promoting the justice and controlling the criminal acts.

The police represent the legitimate force of governmental control in society. Police officers are charged with enforcing substantive criminal laws, preserving public order, and protecting the citizenry from crime (Ederheimer & Fridell, 2005). To achieve these functions, the police are empowered with the legal authority to use coercion, intrude into citizens' private lives, deprive citizens of their liberty through detention or arrest, and employ physical and even deadly force if necessary (Cothran, 2001). The critical role of coercion in the profession has led to the development of a force-centered definition of police that views the police as the main, and sometimes the only, mechanism for the state to distribute nonnegotiable force in handling emergencies in a society.

Literature Analysis

Police brutality is conceptualized in different ways in various social contexts; its meaning has also changed over time. The use of violence by officers has decreased in recent years, but police brutality takes many forms, including lethal and nonlethal force. Understanding the exact prevalence of police brutality is complicated because of the variability in defining police brutality, the difficulty in distinguishing between justified and unjustified force, and the lack of centralized reporting systems (Finnemore, 2003). The potential causes of brutality are varied, and efforts to reduce brutality are tied to these causes. Despite the negative connotations associated with police brutality, however, some researchers argue that police use of force can serve a purpose in reducing and controlling crime (Jefferis et al., 2011).

Unwarranted police violence and the physical mistreatment of citizens are not uncommon in the history of U.S. law enforcement. Empirical and anecdotal evidence supports the “shoot first and ask questions later” philosophy held by many police officers until the early 20th century, when the criminal justice system began to pay closer attention to issues of police brutality (Fitzgerald, 2007). Police brutality is generally defined as the unlawful use of physical force by officers in the performance of their lawful duties, but the line between acceptable force and brutality can be unclear (Phillips, 2010). That is, police have the authority to use reasonable and acceptable force to subdue offenders, initiate arrests, prevent escapes, and protect citizens; but when an officer uses force that exceeds the minimum amount necessary, or continues to use force after it is no longer necessary, the officer is engaging in brutality (Finnemore, 2003).

When the use of force is within the amount ...