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Criminology Theory: Why Deadly Force Can e a Crime
The use of deadly force on the part of police officers has been highlighted in recent news reports. Given less attention are the police officers who could have used deadly force but managed the situation without doing so. Specifically reported in the work of Pinzzotto, Davis, ohrer, and Infanti (2012) is that "a large number of officers have been in multiple situations in which they could have used deadly force, but resolved the incident without doing so and while avoiding serious injury." (p.1)
Examination of the Use of Deadly Force
Alpert and Smith (1994) report that the United States Civil Rights Commission in the 1980s reviewed police use of force and stated as follows:
"Police officers possess awesome powers. They perform their duties under hazardous conditions and with the vigilant public eye upon them. Police officers are permitted only a margin…… [Read More]
Although the incidence of deadly force use has likely remained steady in the first five categories, ussell and Beigel emphasize that based on the increased attention being directed at the "stake-out and drugs" category, these rates are likely much higher today. What quickly emerges from these foregoing trends, though, is just how quickly even innocuous encounters such as stops for traffic offenses with ordinary citizens can escalate to the point where deadly force is required by police officers. It is reasonable to suggest that when citizens are directly involved in a violent encounter with a criminal, their views of deadly force will be vastly different from those citizens who merely read about the event in their newspapers or watch a brief account on television. People whose lives or whose families' lives are personally touched and saved by the intervention of police and their use of deadly force against criminals…… [Read More]
Deadly Force by Police
Top Ten ays to Reduce the Use of Deadly Force by Law Enforcement Officers
hile the media tends to portray law enforcement's use of lethal force as excessive and widespread, the empirical data shows a very different picture. According to research by the FBI, officers exercised restraint "…in deadly force in 93% of the situations where they legally could have fired their weapons" (Pinizzotto, et al., 2012). Still, progress can be made to reduce the use of lethal force by police officers. This paper offers ten ways to decrease police officers' use of deadly force -- or at least, provide the skills and training to help the office cope with danger.
Today many officers wear bullet-proof vests, but in the future engineers will be able to design bullet-proof clothing, including head gear and face masks that totally protect the officer from being harmed by a suspect's…… [Read More]
The use of deadly force by the officer raises issues of reasonableness and due process under the Fourth and Fourteenth Amendments, respectively, as discussed by the U.S. Supreme Court in Tennessee v. Garner (1985, 471). The use of deadly force is a seizure and thus protected by the Fourth Amendment. Its use during policing activities must therefore be balanced against the rights of the suspect, by remaining within what would be considered a 'reasonable' use of force. Garner involved a Tennessee statute that authorized all available means to prevent the escape of a suspect, which resulted in an officer shooting and killing a 15-year-old boy who had stolen a purse and 10 dollars from a home. The officer could see that the boy had nothing in his hands and was therefore probably unarmed. After telling the boy to halt, the officer shot and killed him when he attempted…… [Read More]
Discovery: In what ways would discovery alter an investigator's methods of investigating?
Discovery that can be submitted into the law must be commensurate with discovery laws regarding dispositions, spontaneous admissions, and investigative questioning. hen collecting data, the investigator must be careful not to leave him or herself open to charges of tainting witness testimony, and must share all potentially relevant testimony with opposing counsel.
Are there any exceptions to this rule?
In the People vs. Lopez, the accused-appellant questioned the credibility of Mario Seldera, contending that the witness could not observed even minute details, such as the length and color of the shirts worn by accused-appellant and his companion, the color of their slippers, and the type of firearm used by accused-appellant, considering that the shooting took place suddenly," and in the dark. Likewise, it was alleged that Lopez's alibi was airtight. However, the court found sufficient evidence that there…… [Read More]
One of the authors in the review, in fact details a reporting system that effectively makes the use of force scene an investigated crime scene, where forensic and other evidence, physical and testimonial, is collected to develop a clear understanding of the events as they unfolded. (2005) Some would argue that this sort of method smacks of the police policing the police, and yet the OSCE Guidebook and many experts would argue that this sort of transparency is necessary for public trust and the insurance of reduced opportunity for corruption at every level. (2006) This emphasis on transparency is relatively new to policing, but in my opinion is demonstrative of positive social change and the eventual development of a much clearer sense on the part of the police, their governing agencies and the public of the nature and definitions of justifiable.
Suspect Coercion by Force or Threat of Force:
Klokar's…… [Read More]
Though women constitute only 12.7% of the sworn police force they are implicated in only 5% of the total cases registered against the use of excessive force. Statistics further indicate that women officers account for only 6% of the total dollars paid out for court settlements for The Use of Police Force 4
police abuse related cases. [DR. Kim Lonsway, 2002] It is clear that a women police officer is less likely to resort to excessive force use compared with a male police officer and this presents a clear case for more representation of women in the police force. Inducting more women would therefore be a positive step.
Another study by the University of California compared the effects of race, gender, and experience of the officer and the link to the possibility of the officer being investigated by Internal affairs for the use of excessive force. For the study, the…… [Read More]
police management affect the way police officers use force?
The Force Continuum
Style of Leadership and Management
Proper Management of Police esources
Innovations in Excessive Force Training
Protection of its citizens is the fundamental mission of any government. And on the forefront of this mission are the law enforcement officers who are in fact the most visible arm that the government utilizes to protect the citizens and also to preserve public order ("Police Use of Excessive Force: A Case Study of Lethal (Deadly) Force," 2016).
And to achieve these missions, the police are given authorities that are unique in civil governments as well as granted by the society - authority to control the behaviors of the citizens with the ultimate aim of protecting them from harm. Hence in a manner that is most direct, the behavior of the members of the society are controlled and managed by the police personnel…… [Read More]
Excessive Force Liability
The International Association for the Chiefs of Police (IACP) has maintained an updated model policy on the use of force for over two decades (Hough & Tatum, 2012). A number of 'use of force' policies implemented by policing agencies can be found online, but the basic tenets are the following: (1) use only the minimum amount of force necessary to bring a situation under control, (2) deadly force should only be used to prevent death or serious injury to the officer or bystanders (Tennessee v. Garner, 1985), and (3) the determination of an imminent threat of death or serious injury should be based on objective and reasonable evidence (IACP, 2006; Graham v. Conner, 1989). Officers should also warn the intended target that deadly force will be used if they failed to comply when possible (Tennessee v. Garner, 1985).
Based on these guidelines, Officer Jones was not justified…… [Read More]
War has undoubtedly shaped the course of human history. Conflicts, through sheer human nature often arise through disagreement. Occasionally these conflicts end with war as opposing sides believe so vehemently in their respective reasonings and doctrinal views. Oftentimes, these war's end with one "victor" and on defeated party, however, in war everyone losses.
The Vietnam War in particular is an example of how war is a zero sum game that only results in losses for all those involved. This paper examines how the conflict started, taking particular care to express both points-of-view regarding core issues followed by a discussion concerning Special Forces operations and their overall impact on the outcome of the war. Finally, a summary of the research and important findings about Special Forces in Vietnam in the conclusion.
Review and Analysis
Origins of the Vietnam War
The Vietnam War was a long, costly armed conflict that pitted the…… [Read More]
Tragedies from deadly terrorist attacks have made the international communities to pervasively fear and loath terrorism. Terrorism is undertaken by individual with motivations that are complex for the understanding of security agencies and individuals. Definition according United States statutes states terrorism to be politically motivated, premeditated, violence against noncombatant individuals, private property by clandestine agents or subnational groups, with an intention to obtain audience (Launtenberg, 2011). This definition is adopted for purposes of this paper.
Attempts to shed some light on terrorism highlight the motives of the perpetrators while they give some appropriate measures to resolve the problem. The organizations linked to supporting terrorism by State Department stood at 22 in the year 2001. In three years' time, the list of identified terrorist groups had grown to 36 with more groups being listed as unofficial terrorist organizations. One might mistake terrorism industry for a thriving economic entity or the…… [Read More]
Victims of a Meaningless Show of Force
In the article "Victims of a Meaningless Show of Force" the author uses language to express her point that police firing on two polar bears was unacceptable behavior and as the author says "it was illogical, unfair, and a meaningless show of force." While this statement makes her opinion clear, the author also uses language to create the same opinion in the reader.
The title of the article is a clear example of loaded language. The word 'victims' implies that the polar bears were helpless, while the words 'meaningless show of force' imply that the police officers were only acting to prove something, with no real purpose to their actions.
Before offering an opinion on the shooting, the author describes the shooting. This includes the statement "the four police officers emptied twenty blasts from a 12-gauge shotgun and a.38 caliber revolver…… [Read More]
Faustus, as Christopher Marlowe's character, is a German scholar who wants to exceed the limits of traditional logic, medicine, law and religion by practicing black magic. Through this, he calls upon Mephistopheles, a demon, who arranges a deal between Faustus and Lucifer for 24 years of power and glory in exchange for his soul. Despite Mephistopheles' warnings about the horrors of hell and his own doubts about what the deal really means, Faustus persists in the decision to enter into the bargain, which he signs in his own blood. ich gifts and displays of pleasure from Mephistopheles and Lucifer, though, distract his doubts and lull his senses and reason, in addition to Mephistopheles' impressive information about the nature of the universe. The parade of the seven deadly sins particularly wins Faustus' mind and will. In the fulfillment of their end of the bargain, Mephistopheles takes Faustus to ome, the court…… [Read More]
On the other hand, it is possible that such scenarios are extreme, and are based on the same time of 'slippery slope' logic that causes people to wonder if legalizing gay marriages will lead to people marrying animals. Extremism on either side of an issue is never a good thing, nor is the fabrication of doomsday scenarios that are based on nothing but speculation. Sarah Palin should know that better than anybody with her 'death panel' stories.
So while extreme caution regarding where all of these pro-gun, pro-self-defense laws may be overstated, at the same time, we cannot afford to simply look away and hope that the trend ends here. s the Coalition to Stop Gun Violence (2009) points out, these laws are not only dangerous but are in many ways, legally and ethically unjust:
Leaving aside the public safety issues associated with encouraging untrained civilians to confront criminals with…… [Read More]
The right to use force in self-defense an important civil liberty and right, ensconced in the Second Amendment of the Constitution. Because of Second Amendment assurances, all Americans technically have the right to bear arms in self-defense. Some states have attempted to restrict Second Amendment rights, but the vast majority of states have implemented “some statutory version” of the Castle Doctrine (“What is the Castle Doctrine,” n.d.). In fact, some states like Florida have taken the Castle Doctrine a step further to invoke what are commonly called “stand your ground laws.” Whereas the Castle Doctrine only applies to a person’s “castle,” or home and private property, stand your ground laws can be invoked in any situation requiring self-defense. There is no real reason, evidence-based or otherwise, why Americans who are protected by the provisions of the Constitution should not be able to defend themselves if and when faced with a…… [Read More]
The higher levels of the police UOFC includes "heavy hands" such as physical restraints and holds, or hand strikes if necessary to gain compliance or subdue a subject (Schmalleger 2001).
If escalation is still necessary, police officers may employ a baton or collapsible "asp" authorized for their use by their agencies, or electric tasers and other pain-inducing or physically incapacitating but non-lethal forms of physical force such as rubber bullets and "pepper balls" in place of standard (i.e. lethal) ammunition. Ultimately, where no lower level of force on the UOFC is sufficient to effect an arrest or protect others from danger posed by subjects, police officers are authorized to employ deadly force, such as their duty firearms (Schmalleger 2001). In general principle, the UOFC also applies to citizens, though not in the degree to which it dictates specific responses to physical attack or resistance to lawful citizen's arrest as recognized…… [Read More]
People v. Goetz (1986)
1. Give an overview of the case.
The controversial People v. Goetz (1986) involves the Defendant, Bernhard Goetz (Defendant) who shot and injured four young black men on a subway train in the Bronx. Four black youths, Troy Canty, Darryl Cabey, James Ramseur and Barry Allen were riding the subway train; two of the youths had screwdrivers hidden on their person, later admitting the intention of using these screwdrivers to unscrew the coin boxes attached to arcade games. The defendant was also riding the train and had an unlicensed .38 caliber pistol, a gun he had procured in 1981. Canty approached Goetz with possibly one of the other young men beside him, and said, “Give me five dollars”: there was no use of force nor was their a display of a weapon. The Defendant answered by standing and releasing four shots from his unlicensed gun, the…… [Read More]
Specifically, police tactical policy must outline criteria for the use of every tool and every technique authorized for use by officers.
Effective policy and procedure management also includes indirect methods of minimizing the potential need for increased levels of force. For example, a lone officer typically faces situations that allow for fewer options in force escalation, particularly where the officer is outnumbered by subjects or suspects (Pinizzotto, Davis, & Miller, 2007). Therefore, some of the simplest but most effective administrative methods of minimizing the necessary use of force include assigning officers in pairs and establishing protocols detailing response and backup procedures corresponding to specific types of tactical situations or calls for service (McCauley, 2005). Training is essential for effective UOF control in modern policing, because stress and the perception of danger naturally detracts from decision making. epeatedly exposing officer candidates and cadets to simulated tactical situations in training ensures the…… [Read More]
11. What is community policing? How does it differ from traditional policing?
Community policing emphasizes positive situational contacts between police personnel and the general public and de-emphasizes enforcement-based approaches to policing. It differs from traditional policing mainly in that it is a means of reducing crime through enhanced public involvement in communities and in that it strongly promotes the initiation of police-civilian contacts outside of the enforcement realm (Caruso & Nirode, 2001).
12. What is the nature of the drug problem in the United States? Is today's drug problem any different or worse than the drug problem in the past?
The most important drug problem today is the questionable value of criminalizing private recreational drug use, particularly in relation to marijuana, which cannot be justified or logically distinguished from the permissive approach to cigarette and alcohol consumption. Evidence from Europe suggests that even enforcement of criminal laws prohibiting the use…… [Read More]
Recklessly creating a situation that increases the required amount of force is immoral. Officer Smith should have ordered the occupants out of the car from the cover of her own vehicle. Using cover effectively would have required the occupants to take far more overt action, getting out of the car and turning around, in order to be a threat to the officers. Officer Smith unnecessarily increased the danger to herself, and therefore the risk that she would have to use deadly force. Creating a dangerous situation for others is immoral, and that was the result of Officer Smith approaching the car. Some might argue that the death of an armed robber may be a net positive for society, but death is an excessive punishment for robbery, and the police do not have the moral, or legal authority to appoint themselves judge, jury and executioner upon encountering criminals on the street.…… [Read More]
Adverse circumstances and heated verbal attacks by angry citizens sometimes triggers a (natural) response on the part of police officers to respond in kind, or, at the extreme, with verbal abuse in the form of threats to use their lawful powers of arrest for intimidation purposes where, in fact, any such use of arrest powers is unlawful under the given circumstances.
Typical examples with potential to trigger verbal abuse by police would include responding to members of the public who are indeed complying with a lawful order to disperse, or to vacate a specific area, but who do so while expressing their verbal disagreement or displeasure with the officer's command. They may even choose to insult the officer personally, but provided their actions do not constitute a threat to the officer or a refusal to obey his lawful orders, and as long as their manner of expression does not constitute…… [Read More]
Hot Pursuit Policy
The hot pursuit policy to be used by this department will follow the definition established by the Model Policy published by the International Association of Chiefs of Police for vehicular pursuits which defines hot pursuit as: "An active attempt by an officer in an authorized emergency vehicle to apprehend fleeing suspects who are attempting to avoid apprehension through evasive tactics" (quoted in Kenney & McNamara, 1999 at p. 158). The steps to be followed pursuant to this definition and policy are as follows.
1. The use of hot pursuit in this jurisdiction will be authorized when the apprehending officer has reason to believe that the suspect(s) involved represent a danger to the public irrespective of the seriousness of the originating offense involved. This approach is congruent with the findings of a Bureau of Justice Statistics survey of large law enforcement agencies (e.g., those with more than 100…… [Read More]
On November 8, 2001, the U.S. Senate passed several new conditions before direct 'military-to-military relations can be restored with Indonesia including the punishment of the individuals who murdered three humanitarian aid workers in West Timor, establishing a civilian audit of armed forces expenditures, and granting humanitarian workers access to Aceh, West Timor, West Papua, and the Moluccas."
Following are two very recent bills and rulings by the U.S. Congress concerning the Indonesian presence, changes, and sanctions.
In the House resolution, number 666, urton (R-IN), Wexler (D-FL), and lumenauer (D-OR) congratulate the Indonesian people and government for a successful election process, supported Indonesia in political and economic transformations, expresses gratitude to Indonesian leadership for arresting 109 terrorists, supports the emerging legal framework, commends Indonesia for "discovering new ways of working with regional law enforcement and intelligence communities in a sincere effort to root out domestic radicalism, and urged Indonesia to conduct…… [Read More]
A few moments after relaying this message, the Germans opened fire and for the next two weeks, the attle of the ulge raged on and when it was finally over, 100,000 German soldiers had been killed, wounded or captured; 81,000 Americans and 1,400 ritish troops had also been killed, wounded or captured; a total of 800 tanks had been lost on both sides; a 1,000 German aircraft had also been destroyed. Thus, the attle of the ulge "was the worst battle, in terms of loss, to the American forces during World War II. 10
On December 19, 1944, General Eisenhower and his top field commanders met at Verdun in order to come up with a plan to stop the German advancement. At this time, the American and Allied forces were experiencing massive attacks -- panzers were streaming across the Allied lines and numerous German legions were marching through a gap…… [Read More]
"Accountability refers to the mechanisms by which both law enforcement officers and the agencies they serve are held responsible for promoting social order, reducing crime, and treating each individual fairly and within the limits of the law" (Chambliss, 2011). The three dimensions of police accountability are accountability to the public, accountability to the law, and accountability to each other (other members of the police force. If one were to look at the most fundamental dimension of police accountability, such as accountability to the public, one would see just how crucial this is: "It both defines and protects citizens' rights while also promoting a collective sense of faith in the larger criminal justice system" (Chambliss, 2011).
The three E's are "Effectiveness -- whether police accomplish what they are supposed to do: A. Do they effectively control crime? B. Are they successful in arresting offenders? Efficiency-- whether they accomplish their tasks…… [Read More]
representative system of government has motivated a vital chain of discussions in the literature about police workers administration and representation of women and racial minorities. The serious questions in this study are: (a.) Does the under oath police force rationally mirror a cross section of the groups being monitored? And (b.) hat aspects are measured in representation of women and minority police officers in law-enforcement agencies? Black and Hispanic depictions on police forces are strongly associated with its incidence in community populations. Regions differ in the quantity of female and minority illustrations, blacks being better characterized in southern police forces than in another place; women are better characterized in the northwest. Nevertheless, findings disclose that men, more often than not whites, maintain to hold unreasonably more sworn positions in the largest part of law-enforcement agencies. The data sets of female and minority representation also demonstrate the extent of female and…… [Read More]
1. Maslow's Hierarchy of Needs Theory
Maslow's Hierarchy of Needs Theory states that every individual has different levels of needs that must be met for them to reach their ultimate potential. The basic level includes the necessities of life, such as food, clothing, and shelter, while the more advanced levels require such things as positive social relationships and self-esteem. An officers job can be difficult, especially over a number of years. The reality that most officers eventually face is how to deal with stress and staying motivated. Applying Maslow's model can be beneficial to ensure that as many officers needs are as possible so that they can be resilient in their roles and maintain a positive attitude.
2. Herzberg's Hygiene/Motivators Theory
The hygiene/motivators theory considers satisfaction on two different dimensions. Factors such as salary, benefits, work environment, and others may lead to a satisfied officer who is not necessarily a…… [Read More]
Ethics-CRIMINAL JUSTICE SYSTEM
Details of the Source
When does police mistake become murder?
The Christian Science Monitor,
Date of publication: 04-05-1999,
Summary of Facts
Racial profiling is probably the biggest concern of minorities groups in our country because it has been the cause of numerous injustices against them. Our law enforcement agencies appear to be ruthlessly biased in their exercise of duty as is clear from this article. The author shows that racial profiling has resulted in prosecution and death of many innocent immigrants. The article argues that when death results from irresponsible actions of the police, it should be counted as murder because it violates basic civil rights provided by the constitution to every citizen regardless of color or creed. However it has been noticed that our police would open fire on any immigrant who appears to be a threat. The author asks: "Should the police officer be tried…… [Read More]
Stand Your Ground Laws: A Cry for epeal
THE EFFECTS OF HYPOXIA
STAND YOU GOUND: A CY FO EPEAL
Stand Your Ground Laws: A Cry for epeal
Academic and Professional Writing for Graduate Students (LS526-01)
The "Stand Your Ground Law" is one of the most controversial laws in recent years and has gained notoriety due to its enactment in thirty-three states so far. Advocates of the law claim that it reduces the threat of violence in society, but the statistics prove otherwise as research shows that the law actually inflames race-based violence (Purdie-Vaughn, Williams, 2015). As such there are several states that have either taken a wary view of the law and have decided to steer clear of it, or have raised issue(s) with enactment of the law while considering it. It is because of this scrutiny the law has been misunderstood by some people, abused by others, and just…… [Read More]
Based on the foregoing considerations, it is suggested that the DCMP restructure their existing training programs and administration so that a more unified and centralized plan is in place, as well as providing for better instructor qualifications, evaluation, learning retention and more efficient and effective use of resources which are by definition scarce.
These broad general issues were refined for the purposes of this study into the research questions stated below.
What is the background of the District of Columbia area policy and community relations since World War II?
What are some major problems preventing positive relations between communities and the District of Columbia Metropolitan area police?
Can training programs of the District of Columbia Metropolitan Police Department enhance community relations?
What training modules can be used to enhance relations between surrounding communities in the District of Columbia Metropolitan area law enforcement?
Significance of the Study
esearch Design…… [Read More]
Every day, our police officers put their lives on the line to defend law-abiding citizens. It is imperative that a police officer's judgment is trusted, so officers can with full confidence perform their duties and know that they will not be 'second-guessed' when they act in good faith. In this instance, the officer was pursuing a suspect who was apparently armed and dangerous. Given the circumstances of the situation, it was reasonable for him to believe that the suspect was holding a gun. The suspect was behaving in an aggressive and threatening manner. The officer in question did not 'shoot to kill,' but shot to disarm the suspect instead. He had a responsibility not only to his own safety but to preserve the safety of his fellow officers and the safety of the community, as part of his duties.
In this instance, it was fortunate that the officer…… [Read More]
Stand Your Ground Law
'Stand your ground' laws
tand your ground' laws are extremely controversial pieces of legislation.
Attention-getter: 'A man's home is his castle.' How often have we heard this phrase? This concept is at the foundation of the right to defend yourself by using deadly force against an intruder who invades your home. However, recent laws have expanded the 'castle doctrine' and other, existing self-defense laws. Many of these new laws are called 'stand your ground' laws, the most liberal of which exists in Florida.
It is important to gain a historical perspective on 'stand your ground' laws to understand the controversy
tand your ground' laws are extremely polarizing pieces of legislation.
My interest in this topic arose during the George Zimmerman murder trial, in which Zimmerman (a member of a neighborhood watch) was accused of killing an unarmed teenager named Trayvon Martin.
Zimmerman…… [Read More]
Of even more significance is that twelve states go ahead to extend litigation costs and attorney fees "to a shooter who prevails in a civil lawsuit, creating a strong disincentive for a shooting victim to pursue justice in the civil system" (Mayors against Illegal Guns 6)
The Reach of Stand Your Ground Law
Although the Stand Your Ground Law is largely and extensively linked to Martin's case, a 2012 investigation by Tampa Bay Times revealed that "the Martin incident is far from the only example of the law's reach" (Lee). The relevance of this law as a major factor in judges' decisions, acquittals, and prosecutors' decisions, some of which involved cases that did not result in the victim's death, cannot be overstated (Lee).
In 2012, a Louisiana court acquitted Byron Thomas of all charges relating to an incident in which the 21-year-old, after a marijuana transaction turned sour, opened fire,…… [Read More]
Moreover, police officers are also highly trained in decision making and in de-escalating potential conflicts rather than allowing them to escalate further. In the hands of untrained members of the public, it is highly likely that TASER products would be deployed in situations where it is inappropriate. Furthermore, the general public is not trained in minimizing the harm to individuals properly subdued by the TASER or in responding to medical emergencies caused even by its appropriate and justified use.
5. Specifically, what community outreach programs might TASER International institute in order to indirectly support its products in the consumer market?
The only conceivable community outreach programs that the organization might pursue to support its products in the consumer market might be those promoting its use in situations where highly trained civilians are already authorized to use deadly force, such as certain site-security professionals, bodyguards, bounty hunters, etc. In principle, any…… [Read More]
Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.
However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled…… [Read More]
However, in certain instances, the element of fear in a policeman cannot justify the use of lethal force. This restraint, according to the Federal Bureau of investigation, is highly advocated for since deadly force is unlawful and can be mostly be used against a law enforcement officer. Areas of shoot out in schools and traffic and in states or cities, where the populous if high highly exempt the use of deadly force. In these situations, there is usually a dynamic interaction of the police, suspects or confirmed criminals and the public. This is the deadly mix concept that provides rational insights on the restraint of lethal force by the police. By so doing, the police adhere to the law enforcement training offered to them, which invokes their perception towards the use-of-force situations in handling offenders. Whether, during the on-duty or off-duty performances, the restrain upon the use of lethal force…… [Read More]
Stand Your Ground vs. Duty to etreat: Why the Former Should be epealed
Florida, Georgia, Texas, Louisiana, North Carolina and Nevada all have passed Stand Your Ground laws, whereas Maryland, New York, New Jersey, hode Island, Connecticut and Delaware all have Duty to etreat or Castle Doctrine laws. Just by simply acknowledging the geographical location of these states and their respective laws, one can see a common theme: the Northeastern states adopt a more pro-active approach to avoid conflicting (if one can retreat to a place of security, one must do so rather than impose violence on another); yet in the Southern states, there is a more defiant position in terms of if one is somewhere he/she has a right to be, then he/she has a right to fend off any attack and to use physical violence if physical violence is used against him/her. The difference between these two perspectives…… [Read More]
Hernandez vs. Texas and its Importance to Latinos in the U.S.
Studies conducted in the past have clearly indicated that some racial groups are overrepresented in the U.S. criminal justice system. There have been claims that some stages of the criminal justice system disadvantage some groups, with some of the disadvantaged groups being Asian-Americans, Hispanics, and African-Americans. This text largely concerns itself with the U.S. Supreme court ruling of Hernandez vs. Texas, a landmark Court ruling that has had a significant impact on the civil rights of Mexican-Americans. In so doing, it will, amongst other things, speculate on the relevance of this particular court ruling to Latinos in the U.S.
In basic terms, the Hernandez case "involved the exclusion of Mexican-Americans from serving as jurors, which, like voting, is a primary duty and privilege of U.S. citizenship" (Soltero, 2009, p. 38). Accused of murdering Joe Espinoza, Hernandez was indicted…… [Read More]
In addition, today's police officer faces different challenges from police officers of even two decades ago. One of these 21st century problems facing law enforcement is terrorism. Almost every community across the nation has some building or government location that could be considered a target of terrorism, and large metropolitan areas have many of these targets within their boundaries. Because of this, police models may have to change to be more involved in preventing terrorism from occurring, rather than responding once a terrorist act has been committed. Community policing can aid in this by allowing community police officers to become familiar with their neighborhoods and citizens, and knowing exactly what targets lay in their area. To create better police officers, training in terrorism and how to recognize typical terrorism suspects must be stepped up and addressed in all communities.
Perhaps the biggest challenge facing many officers is the use of…… [Read More]
One of the fundamental concepts of any free, democratic society is the idea of the individual's right to self-defense -- that one may use any means at one's disposal to protect one's person or property from assault from another. However, there are important stipulations and limitations that define the allowable limits an individual may approach -- and crossing over these limits can make the difference between being a justified victim and an outright criminal.
According to the legal definition of self-defense, the use of force is allowed when an individual "reasonable believes that it is necessary for the defense of oneself or another against the immediate use of unlawful force. However, a person must use no more force than appears reasonably necessary in the circumstances." This means that one can only employ enough force to remove the present threat. For example, one may only use lethal force in self-defense…… [Read More]
While the other SWAT operations we have discussed, are critical to the public's safety and protection, it is the training that is crucial to the SWAT team's safety.
The more "real" the training is and the more it is based on real-time skills, the more valuable it is to the team. SWAT trains almost constantly. And most don't let up. As an example, like the U.S. Army and its training for Iraq and Afghanistan, SWAT training involves a physical, intense, real-life scenario to the point that, sometime, team members can suffer minor injuries. Unlike, other agencies that might want to back off if that occurs, SWAT, normally does not, because injuries -- or worse -- in a real-time operation are entirely possible.
The effective SWAT team trains "force-on-force" and hand-to-hand with other SWAT teams and individuals on a regular basis. And they run practice shooting drills often using various scenarios,…… [Read More]
hen does insanity excuse criminal liability?
A defendant has an excuse for liability, says Paul Robinson, in his book Criminal Law Defenses, when he or she is acting involuntarily and their own disability causes him or her to mistakenly or unknowingly violate a criminal prohibition. This person does not know whether his or her behavior is wrong or criminal (Robinson 222). This is in contrast to what is called a character-based approach, where a person's adherence to virtues or vices creates a character and a reputation for morality or immorality, upon which they are judged. Finkelstein argues that a system which bases its retributive punishment on a person's character, rather than on the act itself brings about social welfare. Just as one cannot judge a person's moral character upon a single act, one cannot decide the morality or immorality of a person by visible actions. She quotes George Fletcher as…… [Read More]
Definition of the Problem (Gun Control)
In America as well as other parts of the world, the role played by guns in committing violent acts, and what must be done in this regard, is a hotly debated topic. However, some facts are incontestable. Over 31,000 individuals sustained gunshot injuries in the year 2010, in America. As these victims are mostly youths, gun violence can be considered as one among the primary reasons for premature deaths in the U.S. Apart from mortal wounds, there were, in the same year, approximately 337,960 non-fatal acts of violence perpetrated with the use of guns; emergency departments of American hospitals received 73,505 cases of nonfatal wounds made by guns. The economic and social costs associated with gun violence are also huge, in the U.S. (Webster, 2013)
However, ironically, in spite of gun violence's colossal impact, a majority of public discussions in regard to…… [Read More]
This is not an isolated incident, many experts believe there are many other biological weapons available to terrorist organizations, and the biggest problem they face is how do disperse them effectively.
Many considerations must be handled in order to control these types of attacks. First, the country must attempt to block these items from entering the country. Intelligence, monitoring, infiltration, and higher security at the nation's borders and ports can fend off at least some of these weapons. Second, if they do enter the country, there must be ways of locating and disarming them before they are set off. Of course, that is much easier said than done. Local and national response experts will need to be trained in how to deal with these weapons. Expert Steven Simon states, "Emergency response teams will need to be able to pinpoint the location of a device, identify its type, and know in…… [Read More]
Criminal Justice Leadership
Identify two types of ethics and explain their role in criminal justice organizations. Support your responses with resources.
Ethics are concerned with the issues of right and wrong and provide a framework for moral living. Ethics in the criminal justice system is an integral part of police work. Ethical considerations are paramount to decisions involving discretion and a strong moral foundation suits police work well. Banks (2010) notes that knowledge of ethics provides people an opportunity to analyze assumptions and weigh options. Two types of ethics that have particular importance in criminal justice are normative ethics and ethical absolutism.
Normative ethics is fundamental to proper and prudent decisions made by personnel in the criminal justice system. Banks (2010) writes that normative ethics involve taking into account the range of moral issues in an area and that a person should always act morally, having deduced the…… [Read More]
Legality of Booby Traps
A property owner should most certainly not be allowed to utilize booby traps on his or her property, even if he or she has provided notice to intruders. There are too many negative consequences that booby trapping can present -- many of which might be unintended. Additionally, there are other ways that property owners can protect their property than by utilizing booby traps, which are tactics for use in martial encounters and not for daily civil ones. The plethora of other means by which a property owner can defend his or her property (without involving booby traps), and the negative consequences that individuals can incur because of booby traps supports the notion that individuals should not use these ploys to guard their property.
One can argue that the crux of this particular issue is a judgment in value. Whether or not booby traps -- even when…… [Read More]
They must never become complacent and assume that they have considered all factors and can now relax, or they can slip into the "boiling frog" phenomenon: circumstances may turn so gradually negative that they do not notice the changes until they have large problems instead of small ones to solve (Beckford, 2002).
Just as the example of the soldiers at the bridge faced with a battle situation for which they had no previous experience, business leaders must expect the unexpected. If they create a culture of lifelong learning within their businesses, their staff and employees will always be open to looking at old facts in new ways, ready to find forward-thinking solutions. uch a company philosophy and structure can keep even the oldest company packed with fresh ideas and innovative solutions to the new problems they face.
Barker, Randolph T., and Camarata, Martin R. 1998. "The Role…… [Read More]
history of citizen's arrests, citizen's arrest in today's society, and give examples of citizen's arrests, the outcomes, etc. It will also look at the downside of making a citizen's arrest, including the repercussions to that individual such as civil action, liability, etc. Citizen's arrests are more common than they have been in the past, with many states reporting higher incidents of these types of arrests (Grossack, Takata). Citizen's arrests have a long and varied history, and are still a frequently valid form of citizen involvement in the often complex process of law enforcement and criminal justice.
The history of citizen's arrests goes back to the beginnings of Anglo-Saxon law in medieval England. Because the medieval sheriffs were spread so thin, they encouraged citizen involvement in law enforcement. David C. Grossack, a Constitutional attorney notes, "Sheriffs encouraged and relied upon active participation by able bodied persons in the towns and villages…… [Read More]
Weapons elated to Physical and Personal Security
Physical security in the words of Linstone and Mitroff (1994) "has always been a foremost right demanded by the individual from the society" (p.329). As the author further points out, the relevance of physical security cannot be overstated given the escalating levels of crime in our cities and, indeed, everywhere else. It is for this reason that security personnel bear arms. It is also for this reason that the citizens of this beloved country have the right to not only keep but also bear arms -- a right recognized and protected by the Constitution.
In basic terms, weapons related to personal and physical security can be categorized into two: i.e. lethal and nonlethal weapons. To begin with, nonlethal weapons are those weapons that are not considered deadly or capable of causing instant death or serious body harm. One of the companies that offers…… [Read More]
The values of the American troops are clearly different from the values of the Tini people. It would be far more effective to encourage the American troops to recognize and respect the Tini people than it would be to intervene in age-old Tini practices that have no bearing on the treatment of the troops. Our troops are not in Paldora to change the Tini people or impose our religious and moral order on their society. The age of colonization is over. What the troops are there for is to ensure that the Tini people have access to essential social services that can ease their transition to the modern world. In the process of the society transitioning to the modern world, they will naturally come to leave behind the gruesome practices exhibited at the Moon Ceremony. Social norms and values do not change overnight, and they certainly do not change…… [Read More]
Bell was unarmed, yet the officers fired more than 50 shots into his car" (2007, p. 46). Following a grand jury investigation of the incident, three of the five detectives who were involved were charged for the shooting (Mayer, 2007). ccording to Mayer, "The incident is reminiscent of a similar situation in New York in 1999, in which a West frican street vendor, madou Diallo, was killed when police shot at him 41 times. Diallo was also unarmed" (2007, p. 46). The fact that these events occurred almost a decade apart and were unrelated was not the primary focus of the media coverage that attended them, and it is reasonable to assume that sensationalized media coverage of these and other instances of police brutality simply reinforce the perception in the minds of the merican public that the police are out of control.
ll of this is not to say, of…… [Read More]
Police eform in Post-Authoritarian Brazil
A majority of new democracies entail an unbelievable illogicality of an immensely feeble citizenship coalesced with a stern description of the constitutional guarantees. In order to explicate this disparity it would be prudent to contemplate the significance of political institutions regarding representation of citizen, which were prevalent subsequent to the military establishments attributed as troublesome and a majority of the new restrictions. A few defined in the autocratic establishment, were implemented by quite a few new establishments prominently by the Brazilian Constitution of 1988 (Pinheiro, 1996).
The prominence out of such institutions of Brazil were the excessive illustration of lesser populated regions on the contrary to the regions with greater population: Sao Paulo in recent times incorporates 60 Congressmen (which is analogous to 11.9% of the entire constituents of a Congress) depicting a voting strength of 20,774,991. This strength makes up 21.9% of the entire…… [Read More]
The complete selection process consists of a written examination, on which a candidate must score above a certain percentile and be ranked accordingly, a physical and psychological evaluation, a background investigation and polygraph rest, and a medical examination ("Selection Process," NYSP Recruitment Center, 2008).
The training process
The basic school of training for New York State Troopers is 26 weeks of residential training, cumulating 1,095 hours of training. Classes are given to recruits in a number of areas, including police skills, police science, operations and public interaction relations. The areas of education span a wide array of issues, to include firearm training, first responder and emergency vehicle operations, criminology, DI enforcement, domestic violence enforcement, department policy on sexual harassment, how to make an arrest, and penal and constitutional law, amongst other topics. Some of the areas of instruction are expected and traditional, such as how to minimize the use of…… [Read More]
retched of the Earth
hen nations of Europe set out on boats, they determined to find lands and claim them for the empirical country, regardless of any objections coming from the people actually living on those lands. In the colonized land, the native population were marginalized, oppressed, and limited in their civil rights. Many were turned into slaves on large farms run by the emissaries from the motherland. The natives were sometimes outnumbered but the number of the enemy seldom mattered because the colonial soldiers usually were in possession of more sophisticated weaponry with which they could subjugate the aboriginal peoples. Sometimes these colonies existed for centuries and lines of ethnically determined social status kept the descendants of colonists in the upper echelons of society while those descended from the natives were kept subservient to their European oppressors. Understandably this did not go well with the natives or their descendents…… [Read More]
Just War" Theory
The idea of a 'just war' is a conundrum. How can one group of people consider their actions 'right' or 'just' to apply military force against an another group. When can one group's actions, which will create devastation, economic difficulty, and death to thousands of people, be considered 'right?' In a civilized society, the concept of a 'just war' has become the centerpiece of many discussions, and has acted as a gate keeper, restraining hawkish tendencies of nations who pride themselves in freedom, and individual liberty. In order for a nation to engage in an activity which creates harm for another group, there must be a justifiable reason.
Just-war theory deals with the justification of how wars are fought, and attempts to give answers for why. Often the justification is based in either theoretical (ethical arguments) or in long standing historical hostilities between peoples. The theoretical aspect…… [Read More]
Civil Order Control
Civil order control has become a necessary aspect of modern day law enforcement. Inherent in civil order control, however, are a number of problems that have to be addressed in order for it to be effectively implemented, such as societal attitudes, law enforcement norms, and so on. As Roberson and Das (2015) point, in civil order control “there is often a strong political component to the activities being controlled” (p. 72). The reason for this is that whenever a situation occurs that is a threat to civil order, it is basically a threat to the government of the society as well. That is why throughout history, any type of civil order control has been met with controversy—whether it was a workers’ strike or protest being put down by military force or a holdout of a religious sect like the Branch Davidians in Waco being smoked out by…… [Read More]
For instance, the U.S. can use drones with the purpose of filming exact instances involving Assad's men violating human rights.
Considering that "the Syrian government isn't just fighting rebels, as it claims; it is shooting unarmed protesters, and has been doing so for months" (Sniderman & Hanis), it is only safe to assume that immediate action needs to be taken in order for conditions to change. Children are dying at the moment and the world appears to express lack of interest in their suffering. In spite of the fact that rebels are determined to bring Assad now, the Syrian president has successfully used the armed forces with the purpose of destroying rebel efforts up until this moment.
Assad continues to dominate Syria as outside forces sit and watch as innocent revolutionaries are being murdered. There is no limit to what Syrian armed forces are willing to do with the purpose…… [Read More]
Consider the fact that the Iroquois are said not to have had a strong word for the singular "I," and that they subsequently developed what was arguably the longest lasting communal representative democracy the world has ever known. The Inuit, whose culture revolves around the arctic world, have dozens of words for snow - this sort of technical knowledge allows quick and accurate transmission of conditions and training in survival.
In Western terms, one remembers that Jesus Christ was said to be "The Word," yet in the original Greek this indicates not only a spoken word but also the Logos - the root term for intellectual reason, for Meaning within context (be that the context of a sentence, a life, a history, or a universe); logos was rational order. The difference between saying that a religious figure is the Word (which at its most profound seem to indicate a kind…… [Read More]
The Great ailroad Strike of 1877 was the nations' first major rail strike and witnessed the first general strikes in the country's history. The strikes and the violence it brought about temporarily paralyzed the country's commerce and led governors in ten states to mobilize sixty thousand militia members to reopen rail traffic. The strike would be broken within a few weeks, but it also helped set the stage for later violence in the 1880's and 1890's, including the Haymarket Square bombing in Chicago in 1886, the Homestead Steel Strike near Pittsburgh in 1892, and the Pullman Strike in 1894 (1877: The Great ailroad Strike, 2006).
There have been many protests in American history against corporations, industrialists, bankers, Wall Street and the economic devastation their unregulated activities including the 19th-century labor movement that featured thousands of strikes and protests. The current protest that can be compared to that of the Great…… [Read More]
"After September 2001 law enforcement agencies realized the potential devastation and chaos an act of terrorism can cause. The Council was created to improve the ability of the Police Department to respond to a situation and educate the Department and the community." (ichmond Police Department, 2004)
Police departments have had to become terrorist experts. The Homeland Security Terrorism Advisory Council for example is a collaboration of sworn officers and civilian employees with diverse backgrounds. Many of these members are or were leading members of specially trained units or have extensive training in SWAT, bomb technology, military assault, hazmat crime analysis, international terrorism intelligence, strategic planning and many other legal units such as basic attorneys. Through technology and experience, the Homeland Security Terrorism Advisory Council should be able to identify, acquire, plan, and advise on terroristic crisis. With this knowledge base the unit should be able to therefore anticipate, prevent, and…… [Read More]