Police discretion and the use of force in law enforcement

¶ … Force

Over the last several years, the overall use of force surrounding law enforcement activities has been increasingly brought to the forefront. Part of the reason for this, is because the nation is seeking out some kind of balance between: the powers given to the police and protecting the rights of the general public. As a result, the way that this is applied in law enforcement must follow: certain practices and procedures that are based upon individual judgment. To determine how the use of force should be utilized requires examining: the normal use of force defined by the Hunt factor, the degrees that an officer's discretion should be structured, how this discretion should be controlled and if more or less control over police discretion is necessary. Together, these different elements will provide the greatest insights, as to how the use of force is applied by law enforcement on a regular basis.

How does the use of normal force as defined by Hunt factor into police discretion and accountability?

Normal force is when the police officer will use an appropriate response, pertaining to the situation. Where, they will use an equal amount of force to quickly resolve the incident. As this will, come in the form of coercive action; to entice both parties to comply with the commands of the officers on the scene. (Hunt, 1985, pp. 315 -- 320) This means that the officer would take into account: the individual's demeanor, complaints, record of the suspect and the attitude of parents / guardians. This is important because, this shows how the normal use of force will depend upon the way the police officer is interpreting the underlying events (as this will be used as a response to control the situation). (Holgren, 2010)

To what degree should officer discretion be structured?

The officer's discretion should be structured in such a way that it will provide them with enough power to: effectively enforce the law and maintain the peace / stability within the community. In this case, they would have to: use their judgment, morals, interpretation of the law, the possible harm that could be inflicted upon the individual / community and the long-term impact of these actions. This is important, because it shows how law enforcement needs to be given a certain amount of discretion surrounding the use of force and its application. As the different situations they will face, will require having enough discretion to appropriately control the situation. ("Police Discretion," n.d., pp. 83 -- 88)

Do we need more or less control over police discretion?

Less control. The reason why is because, many suspects will often use issues over, the use of force to avoid justice. This is problematic, because police officers are placed at a disadvantage. When you have less control over the use of force, this is giving them the latitude they need to deal with the situation at the scene.

Clearly, law enforcement is given greater amounts of latitude when it comes to the use of force. Where, they have enough authority to control the situation (through normal force). However, as their duties have become more complicated, the use of force has become more restrictive. As a result, law enforcement should be allowed to have greater authority, of how this should be applied when dealing with suspects.