Paper Example on Use of Deadly Force by Police

Published: 2021-07-01
1999 words
8 pages
17 min to read
Harvey Mudd College
Type of paper: 
Research paper
This essay has been submitted by a student. This is not an example of the work written by our professional essay writers.

In 2016 a Hatch police officer Jose Chavez was involved in a deadly shooting with a suspect which cost him his life. A little more than seven days before his memorial service another officer from Las Cruces was part of another deadly shooting with a suspect on Lohman Avenue at the bridge of I-25. The identified suspect in the Las Cruces encounter that was shot had recently burglarized a man and stolen his pickup truck, and after coming to a halt on the bridge of 1-25 escaped the truck and came at the officer with an expansive chasing blade. There is a likewise claim that just before coming at the officer, he attempted to open the door of a vehicle moving past him, yet it was locked, and he was not able to obtain entrance (Prenzler, Porter & Alpert, 2013).

In the days coming after that shooting, there came the typical cries and dissents of deadly force being utilized by the police. The outcry comes from places occupied by the self-selected regular citizen use-of-force specialists that have never needed to manage a suspect outfitted with a dangerous weapon purposed on doing them significant harm (Prenzler, Porter & Alpert, 2013). A portion of the regular citizen use-of-force specialists say that a Taser ought to have been used to destabilize the suspect, or, at any rate, the police ought to have disabled him; as in, shooting for the arms or legs. Shooting to execute, they stated, is pointless. At the point when deadly force is used, it is if all else fails because other sensible means have diminished, or other different means that could be used are viewed as insufficient because the suspect has all of a sudden, determinedly, and purposely raised the volatility of the situation. That implies that quickly developing situations including suspects who have communicated either verbally or through other means, their goal to cause physical harm to the police officer(s), or others, must be brought to a stop instantly (Gill, 2015).

It is constantly attractive to cripple a dangerous person, instead of utilizing deadly force. However, those choices are restricted. Tasers, which regularly function admirably, however some of the time don't work at all relying upon the suspect or the equipment itself, can't be relied on when a suspect with a fatal weapon is moving toward officers and is plainly showing a plan to hurt (Gill, 2015). A Plan to harm is showed in a man who is equipped with a substantial knife, comes at cops, and declines to obey charges to stop. Tasers were never composed as an instrument of fatal constraint, in spite of the fact that they have led to death, however as a contrasting option to utilizing deadly force. Expecting that there was a Taser accessible for the officer deployed on Lohman Avenue, its utilization would be constrained by the actions of the suspect. As such, a few occasions unfold much too rapidly for a less deadly choice of force to be engaged.

Shooting to destabilize a suspect is a myth sustained by Hollywood motion pictures throughout the decades, where the hero subdues the awful person since great folks, all things considered, don't shoot and murder individuals (Gill, 2015). An on-screen character playing a decent person, who is not in risk of inevitable passing from a performing artist suspect coming at him with a lethal weapon, shoots a clear and a little measure of fake blood shows up on an arm, or leg, or shoulder. They simply shoot the weapon appropriate out of the awful person's hand with no carnage by any means. It is a situation that runs extraordinary with popcorn, yet, all things considered, it is roughly distinctive.

In spite of what some in specific quarters accept, in matters of savage constrain, cops are not prepared to shoot to execute. Police officers are prepared to stop vicious activities by suspects that could bring about death or awesome substantial damage to officers or pure onlookers (Ferdik et al., 2014). We know from information gathered over many years of posthumous examinations of suspects who have been shot, and from restorative examinations of suspects who have been shot and lived, that the best possibility of ceasing a brutal suspect is by shooting into the territory of the body containing key organs. The region is regularly known as the middle. There is no certification that shooting a brutal suspect in the middle will stop them, and there are many archived police shootings to demonstrate that announcement, yet it is the best choice accessible (Ferdik et al., 2014). We likewise realize that anxiety has a major impact on an officer included shooting, and it is not in the slightest degree remarkable for officers to shoot at and totally miss a suspect. It is one thing to remain on the shooting extent and place slugs into a paper focus on that is not assaulting. It is another issue altogether to shoot rounds into a person who is rough and demonstrating plan to make incredible real mischief with a weapon that could execute the officer.

The middle is an expansive target, however, envision attempting to hit an arm or leg under anxiety. My most loved technique for exhibiting this is to stand 15-20 feet far from somebody who is outfitted with a plastic preparing gun, and afterward, charge at them as though I have a blade. Arms and legs are little targets, and when they are moving, i.e. pumping quickly in a running movement, good fortunes hitting them. What's more, regardless of the possibility that the suspect is destabilized his or her brutal purpose has not been ceased. Coincidentally, there are supply routes of hugeness in the arms and legs, and individuals have passed on from gunfire wounds which separated those veins, so there is another contention against endeavors at deadly force (Ferdik et al., 2014).

On the 1st of July in 2012, a homeless man, Milton Hall, with a background marked by emotional sickness, stole some espresso from a comfort store in Saginaw, Michigan. The assistant for the store called 911. At the point when an officer got to the scene, Hall withdrew a blade with a three-inch cutting edge and confronted the police officer with it (Prenzler, Porter & Alpert, 2013). She called for reinforcement, and seven different officers soon came to her assistance, one of them with a police guard dog. They formed a circular segment around Hall and pointed their guns, specifically guns and a rifle at him. The standoff proceeded for a few minutes, with the officers more than once requesting that Hall put the blade down and Hall over and over overlooked the request. At last, Hall, as yet using his blade, started to stroll toward the police dog and the K9 police officer. After Hall had made a couple of strides, three, according to the video film accessible on YouTube, the officers fired at Hall and killed him in a volley of forty-seven bullets (Prenzler, Porter & Alpert, 2013).

Regardless of whether a man is a form of danger, and how unsafe he is, is once in a while simple to decide. Join that vulnerability with a low resilience for hazard on both the police officers and the use-of-deadly-force laws that oversee their activities. The outcome is theoretical police killings: cases in which individuals are made to relinquish their lives on the premise of minimal more than a speculation about what they may do (Willits & Nowacki, 2014). Such killings are insufferable. Various debates over the conduct of police often put one issue over the other, yet the conviction that nobody ought to lose his or her on the premise of a hunch ought to be trans-divided. It is additionally savvy to feel a specific doubt of government power that is often applied to the subject or the citizen. There is a certain fear that agents associated with the government may violate their power or utilize well meaning, however, ruinous zeal. There is also a specific identification that the lawful foundations to which the government is responsible may neglect to consider them answerable to mistakes they make (Miller, 2015).

Moral logic governs the rules developed for the use of deadly force by the police. Experts indicate that two requirements need to be fulfilled when considering the use of force. One requirement is proportionality, and the other is the requirement. According to Paul H. Robinson, a criminal law expert from the school of law at Pennsylvania University, the proportionality requirement works towards determining whether the individual poses the danger to which the force applied to him, or her is an allowable response make (Miller, 2015). A person or suspect needs to present a threat of serious bodily injury or of a threat of death for him or her to become subject to deadly force. The necessity requirement dictates that the deadly force used on the person at that time needs to have been warranted by the individual posing a threat for serious injury or a threat of death. The requirements dictate that if an individual presents a death threat, he or she would have satisfied the proportionality requirement but it does not act as a warrant for the police to shoot the individual to death at once. Deadly for is only allowed by law only when and if it is necessary to keep the individual from killing the police or another person make (Miller, 2015).

The deadly force requirements act as abstractions that make sense when looking at the whole point of life and death during such encounters. It may, however, present a challenge when putting the concept to practice. Deadly force will often act as a preventative solution, and the public will judge it as a retrospective (Rosenfeld, 2015). Therefore what may justify the use of deadly force is the answer to the following question if deadly force had not been applied while interacting with this person, would he or she have gone forward to inflict serious injury or cause death? Any other person including the police who engage in deadly force may never know the answer because many will engage in it without reaching that far. However, who can blame them? They have no way of determining whether the individual was going to reach that far or if the person was going to b e incapacitated just at the right moment. In many instances, the public may often answer yes to the question presented above, but due to the ambiguity that surrounds the verification of the suspects intent, it may never be reason enough to end an individuals life through the use of deadly force (Rosenfeld, 2015).

The case of Michael T. Slager a police officer from North Charleston, in South Carolina who shot dead Walter Scott presented a universal agreement that the action was an outrage. The suspect Scott was running away from Walter when the police officer fired eight shots to his back (Prenzler, Porter & Alpert, 2013). Therefore, the universal agreement was that Walters decision to use deadly force was neither necessary nor proportional. The case of Scott was clear-cut as the use of deadly force was unnecessary. However, the killing of Hall comes with ambiguities that will surround the issue of applying deadly force to suspects by the police and especially the standards that govern the concept. When he brought out a knife, approached the officers and refused to put it down even when asked to Hall satisfied the proportionality requirement. His verbal expressions during the encounter put him at more risk of deadly force from the police as he expressed he expressed that someone was going to die during the encounter either him or the officer. The verbal and non-verbal communication brought out his intent to cause harm or the threat of death. Despite this, the police at two less lethal means, the dog, and the taser, which they have, could have used to bring Hall down but none tried to use them. Therefore, no one can tell precisely if the deadly force was necessary or not (Terrill & Paoline, 2017).

Halls case esp...

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