Constitutionally Justified In Response To Police Use Of Force

Improved Essays
of the young hippie movement, a growing number of young people who rejected authority and embraced the drug culture (History.com, 2010).

In response to police using physical force in a civil protest, the courts Fourth Amendment doctrine regulating police violence, including its recent decision in Scott v. Harris, is unprincipled and indeterminate. The common law of justification defenses, by contrast, gives a well-established legal structure for figuring out when a person may justly use force against another. I believe that police use of force can be constitutionally justified only if they are in pursuit of legitimate states interests. In particular, police use of force is justified only if they assist the mechanisms of criminal justice (e.g.,

Related Documents

  • Superior Essays

    In the first response paper that was assigned, I wrote on the County of Los Angeles v. Mendez case, where the use of excessive force is argued in an instance that left the victims with a crippling injury on top of many bullet wounds. Mendez sued because the officers in question shot sans warrant and against the Mendez couple’s fourth Amendment rights. Thus, the policy issue reached the Supreme Court to rectify relevancy for excessive force in this particular case that could put more favor to the police or the victims. This was an especially sought over topic as it was happening at the peak of police brutality covered by/in the media and many eagerly awaited to see an outcome that could reflect and change modern America. The Supreme Court’s stance in this case is impactful because if the police deputies win, then the policy will “promote police officer safety and help preserve the integrity of the qualified immunity doctrine by keeping standards of behavior clear,” and if the victims win, it will, “preserve the balance of protections for police officers and citizens and provide better incentives for officer reasonableness during every stage of an investigation” (Hopkins and Temchenko 2017).…

    • 734 Words
    • 3 Pages
    Superior Essays
  • Great Essays

    Head of train crew is called police, hands him over convicts by the court. But Plessy thought that he should enjoy the society, politics, and economical equal power similarly with the American citizens, moreover this judge to be unfair. The federal court believed that the non-white race felt he is the third-rater, their subjective imagination rather than in the legal reason. If two races in the rights of citizens and the political rights aspect are the equality, a race will not be lower than another race in the social life aspect. But if a race lowers than another race in the social life aspect, the federal constitution cannot cause them to impose the identical…

    • 1902 Words
    • 8 Pages
    Great Essays
  • Superior Essays

    Adam Nobody Case Analysis

    • 1075 Words
    • 5 Pages

    Introduction In accordance with the criminal law, the judges in both cases concluded that the state’s monopoly over the use of violence was abused by the police. That being said, referring to the liberal principles, there are many reasons that I will be arguing throughout this paper that will explain the reasonings behind the judge’s conclusion. In reference to this, I will argue about both the Lacy MacAuley and Adam Nobody cases in regards to how the police misused their authority by using abusive force towards them, and how the criminal trials did indeed reestablish the state's legitimacy. To begin with, both cases share very comparable highlights considering they talk about the G20 Toronto summit protest.…

    • 1075 Words
    • 5 Pages
    Superior Essays
  • Great Essays

    Montana Force Analysis

    • 2409 Words
    • 10 Pages

    Use of force is a daily occurrence in the police world but the level chosen is not always the correct one. Police have split seconds to decide or it could be there life on the line. In this paper I am going to discuss the difference in use of force at the state level of Montana and the local level of Missoula located in Montana. Before the comparison and analysis begins, here from the Federal level, is the definition on use of force that I think is important to point out when talking about this topic. “The “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight.…

    • 2409 Words
    • 10 Pages
    Great Essays
  • Improved Essays

    Stop And Frisk Case Study

    • 613 Words
    • 3 Pages

    Stop and Frisk have been in practice in policing for many years now. However, the policy was enacted or better said put into full effect during the Bloomberg era in the New York City area. This policy of stop and frisk was created to decrease crimes by getting guns and contrabands off the streets. But before a police officer proceeds to stop a civilian to stop and frisk them, they must have “reasonable suspicion” meaning that based on their training and experience they should be able to determine if a person is involved in criminal activity. Once the person is stopped, the police will conduct several questions to determine his/her identity and their activities also said as their whereabouts.…

    • 613 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Conclusion The author assumes that the solution of police frisking will help to resolve the issue of gun violence in a better way compared to gun legislation. With the complete dismissal of gun control advocates and failure to highlight the consequences of police frisking, the argument made by the author is weak as well as ineffective. The frisking argument provided by the author tends to focus almost exclusively on its legality, but fails to provide an instance where similar policies have successfully been applied to resolve the issue at hand or to decrease the number of illegal guns that existed in a certain…

    • 888 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    In the opposing article "Stand Your Ground" Laws Legalize Vigilant Racial Profiling" they tend to see this law as a bad idea. This law to them is a ticket to kill or harm who ever. This article argues a better claim on why the Stand Your Ground laws do legalize vigilante racial profiling because they use multiple methods to prove their reasoning. They use evidence, as well as a…

    • 1160 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Jazmin Lara Ms.Matlen ERWC, Period 1 15 September 2016 Racial Profiling In the United States of America today, racial profiling has violated everything the United States of America stands for and represents. Authorities do not have the right to be allowed to stop, arrest, disrespect or harass any individual in America based on their appearance. The general statement made by Timothy Garton Ash in his work, Behind the ban, is that burkas in a free society is a form of expression and it needs be allowed.…

    • 1437 Words
    • 6 Pages
    Superior Essays
  • Improved Essays

    The use of force is justified by police in order to compel compliance by an unwilling subject in order to make an arrest, or protect themselves or others from harm. The use of force escalates from officer presence requiring no force, basic verbal commands, Empty-Hand Control and physical restraint, and less than lethal methods with a last resort of lethal force. Every situation is different and every officer’s level of training and experience differs so the level of force an officer may use varies. An officer’s job is to control a situation in order to protect the community with the use of force used only when it is required to do so. As with any situation circumstances can change in seconds and could require a higher use of force at any time.…

    • 183 Words
    • 1 Pages
    Improved Essays
  • Superior Essays

    These unarmed, innocent, peacefully protesting students were "shot with 'less than lethal' police pellets" and sprayed with "caustic 'nonlethal' spray." Rodriguez adds that there was an abundance of police presence which demonstrated the "massive... force against the students, faculty, staff, and ordinary people" in other words, regular ordinary citizens. This clearly shows the police's dominance in power against the public. Using such force is not right, but police still use such forces as "caustic 'nonlethal' spray" and pellets "because they [can]" legally. Why?…

    • 1211 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The Violent Crime Control and Law Enforcement Act of 1994 Public Law 193-322- The Violent Crime Control and Law Enforcement Act of 1994, it gives the U.S. Department of Justice the right to review and investigate law enforcement agencies who may violate any individual 's rights; in the case of those agencies who receive direct federal funding. Provisions of the Omnibus Control and Safe Streets Act and Title VI of the Civil Rights Act of 1964 may also be used to review violations if any (U.S. Department of Justice). The Hate Crime Statistics Act t (U.S. Constitution Code 13, Statute 249) United States Constitution Code 13, State 248 Hate Crimes Act states: In General.—(1) An offense involving actual or perceived race, color, religion,…

    • 984 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Police Use Of Force

    • 1484 Words
    • 6 Pages

    Use of Force Paper What is use of force in police work; well for one thing it is unescapable and goes hand in hand with doing your job as a police officer. In many situations the lives of ordinary people and officers can be taken if use of force is not used properly or when necessary. There are so many different scenarios that can come into play when an officer decides to use force. Also they have to think about is it justified, have they had the proper training and is the department going to cover my butt or be held liable. There is no single, completely agreed-upon definition of use of force.…

    • 1484 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Police Misconduct Essay

    • 1040 Words
    • 4 Pages

    A leading cause for friction between officers and the communities they are policing tends to lye in the various interpretations of the term “correct policing.” Certain communities may feel that the police are ‘not doing their job’ simply due to their interpretation of proper policing, and/or their lack of knowledge in proper policing methods. Many times members of the public will voice accusations against officers for misconduct, when they themselves don’t realize the connotations associated with the term “Police Misconduct.” Oftentimes these accusations occur following a citizen’s interaction with an officer, an interaction in which the officer was acting rationally, based on the situation. Nobody appreciates being pulled over by a police officer, and they often claim that they did nothing to warrant the stop.…

    • 1040 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Annotated Bibliography Walker, Samuel. “Police Accountability and the Central Problem in American Criminal Justice.” Holding Police Accountable. Ed. Candace McCoy.…

    • 1467 Words
    • 6 Pages
    Improved Essays
  • Great Essays

    Police Violence Definition

    • 1797 Words
    • 8 Pages

    Yet, because police officers are empowered and trained by the state, prepared for violence, and denied the choice of retreat, their uses of force are also unlike self-defense, the paradigmatic form of justified individual violence. Neither purely of the state nor of the individual, police violence has remained confusing and dangerously unclear to juries, judges, and the public precisely because of its dual character. Although the factual contexts in which police uses of force arise make incidents of force inevitably complex and difficult to assess, understanding the unique character of police violence clarifies its proper scope and limits. (Harmon…

    • 1797 Words
    • 8 Pages
    Great Essays