Are Law Enforcement Officers Held Accountable for the use of Force According to Policy?

  Introduction 

The use of force is one of the main components of policing across the globe, despite the practice has attracting a lot of controversies. Consequently, to ensure responsible use of force in the law enforcement process, the Commission of Civil Rights in the US has set up clear guidelines and circumstances under which police officers are allowed to use excessive force. For instance, under the defense-of-life standards, the police are only allowed to shoot to protect their lives or the life of another person. At the same time, the police are allowed by law to use excessive force to prevent a suspect from escaping, even though this should only occur when a law enforcement officer has a probable cause to show that the suspect poses significant threats to others. However, even though there is a clear policy to guide the use of force by the police, the use of excessive force, as well as shooting, has been one of the major problems in law enforcement in many parts of the world, including the USA. The police in the USA have been repeatedly accused of brutality against unarmed and innocent civilians for many years. At the same time, the number of people who have been brutally injured or die in the hands of the police has increased significantly. Specifically, the police are blamed for unfairly targeting young black people in the country, leading to movements and protests such as Black Life Matters (BLM) across the USA. Another main concern apart from police brutality is whether law enforcement officers are held accountable for their misconduct, such as the unnecessary use of force. The public is concerned that most police who have been accused of the unnecessary use of force are not being convicted and incarcerated. Therefore, the main purpose of the term pare is to explore whether the police are held accountable for the use of excessive force based on the existing policy. 

Description of the Problem 

The use of excessive use of force by law enforcement officers is one of the major problems in the USA that cannot be ignored, especially based on its effects and impacts on individuals, local communities, and the society at large ( Edwards, Lee & Esposito, 2019) . It is estimated that about 1% and 4% of all violent deaths and homicides in the USA are caused by police brutality ( DeGue, Fowler & Calkins, 2016) . At the same time, the lethal intervention deaths by the police increased by nearly 45% between 1999 and 2013, which is a significant increase, primarily when compared to other developed countries ( DeGue, Fowler & Calkins, 2016) . The cost of police brutality is also enormous. The major law enforcement agencies in the USA spent about $1.02 billion between 2010 and 2015 on police misconduct cases ( Andersen & Gustafsberg, 2016) . At the same time, the victims of police brutality and their families incur a lot of costs, which may result in the financial constraints or poverty in many households. The estimated medical cost of law enforcement actions in 2012 alone was $231 million, which has increased immensely over the last few years ( DeGue, Fowler & Calkins, 2016) . Therefore, the excessive use of force by law enforcement officers has severe adverse effects on individuals and the whole society. 

Unfortunately, only an insignificant number of police officers is successfully prosecuted for the use of excessive force against harmless civilians or suspects. A trend is emerging where the accused officers are freed after the lack of sufficient evidence ( Angus & Crichlow, 2018) . Only a few police officers have been held accountable for their misconduct, mainly concerning the use of excessive or brutal force ( Bejan et al., 2018) . There is a lack of accountability in law enforcement in the USA, which is a major concern that should be addressed by the concerned authority. 

Literature Review 

The systematic literature review conducted by Garner et al. (2018) clearly revealed that the use of excessive use of force is one of the most controversial issues in the USA because it affects almost all members of American society either directly or indirectly. Even though the problem has existed for many years, according to Garner et al. (2018), it intensified in 2014 after the shooting of Eric Garner and Michael Brown by the law enforcement officers. Garner et al. (2018) opine that the killing of the two innocent young people that was followed by the public protest forced the Obama administration to form a Task Force on 21 st Century Policing, which was tasked with the responsibility of recommending the best ways to improve law enforcement while reducing police brutality. One of the main recommendations of the task force was the need to enhance oversight in law enforcement to reduce the excessive use of force by the police. The main concern raised by Garner et al. (2018) after the analysis was a lack of data about incidents of police brutality or shooting in the country, even though the topic has been explored extensively by the researchers and other scholars. 

Based on the findings of the USCCR (2018) report, the US government has a clear policy that defines the use of force by the police or in the law enforcement process. The report relied on the International Association of Chiefs of Police (IACP) definition and explanation of what constitutes appropriate force. Therefore, according to IACP, the police should only use a force to compel a defiant client to adhere to the order USCCR (2018). However, the report also reveals that there is no universal standard to determine what is an appropriate force is or when the applied force is deemed to be excessive. Thus, the definition of excessive force is still ambiguous, which explains why it is difficult to prosecute police officers who have been charged with the use of brutal force against innocent civilians. 

At the same time, according to the findings of a study by Wittie (2011), the definition of the use of force is not clear. For instance, based on the Texas Code of Criminal Procedure, the police are required to use reasonable force when making arrests. As a result, Wittie (2011) concluded that the use of force could only be justified when it is necessary. The same argument is what forms the use of force policy in the USA. The policy that was adopted by the Department of the Treasury makes it clear that the police can only use deadly force when he or she has a reasonable belief that the suspect imposes significant danger to either the officer or other people ( Wittie, 2011) . However, the legal standard for the use of force is ambiguous. Specifically, Wittie (2011) opines that the term “reasonable” and it gives the police a lot of discretion to apply excessive force while at the same time avoiding the prosecution after being charged with misconduct. Wittie (2011) further analysis reveals that even though the police can easily determine a reasonable force, the determination of the term is a major challenge in a criminal court. The court cannot easily determine the level of reasonableness when an officer is being charged after using the excessive use of force. 

Alpert and Smith (2004) wrote a detailed research work that focuses on the police and legal standard of the use of force by the police. Specifically, the researchers paid much attention to the concept of the reasonable use of force. According to the findings by Alpert and Smith (2004), reasonableness ambiguous terms that enable allows police officers to use excessive force without being held accountable for their actions or behaviors. Like other researchers, Alpert and Smith (2004) revealed that it is difficult for courts or judges to determine the appropriate level of reasonableness when a police officer is accused of using excessive or brutal force against civilians or suspects. Alpert and Smith (2004) further argued that the ambiguity in the definition of reasonable force has forced some police departments to come up with their own policy, even though many still rely on the IACP’s policy, which is unclear and result in a lot of confusion. Therefore, according to Alpert and Smith (2004), both laws and policies have not clearly defined what a reasonable force is, leading to increased police brutality and limited prosecutions and convictions of rogue law enforcement officers. 

Alpert and Smith (2004), therefore, proposed some of the interventions that can assist in determining reasonableness when a police officer id accuse of using brutal force. Specifically, the researchers proposed that the reasonableness should be determined by a team or panel of relevant stakeholders such as co-workers, senior police officers, and civilians. In courts, a civilian jury may assist judges in determining the level of reasonableness when a police officer is accused of brutality. Alpert and Smith (2004) added in their conclusion that expert witnesses must help jurors in determining reasonableness in court, as this may enhance justice for both the victims and perpetrators. 

Robert (2017) wrote a comprehensive research paper on police impunity. He specifically argued that police in the USA are shielded from accountability, especially in cases where they have been accused of applying brutal force against innocent and harmless civilians. Like Alpert and Smith (2004) and other researchers who have focused on the topic, lack of appropriate legal standards is one of the main reasons why there is a lack of accountability in law enforcement in the USA. Particularly, he pointed out that lack of constitutional definition of the term “reasonableness” is the major cause of a lack of accountability when a police officer has been accused of using brutal force without reasonable cause. Robert (2017) further argued that the ambiguity in the definition of reasonableness leaves the police with a wide breadth of discretion to justify their brutality against unarmed and innocent civilians with impunity. Also, other factors that are making the police unaccountable for their misconducts include institutional deficiencies, as well as procedural obstacles (Robert, 2017). 

In addition, according to Robert (2017), prosecutors are hesitant to file charges against law enforcement officers who have been accused of brutality and the killing of civilians. For instance, between 2005 and 2015, only 54 police officers were charged after shooting civilians despite thousands of them being accused of brutality and murder over the same period (Robert, 2017). Additionally, Robert (2017) maintained that presiding judges and juries are often evidence-biased in favor of the police officers. Robert (2017) gave the example of Dallas, where the grand jury failed to convict 174 law enforcement officers out of 175 who were being investigated between 2008 and 2012. At the same time, the sentences against police officers who have been convicted of murder and brutality are more lenient compared to that of the civilians. Consequently, Robert (2017) concluded that there is a lack of accountability in law enforcement, especially concerning the use of force by the police. 

The finding of the analysis by Robert (2017) is consistent with the outcomes that have been done by various organizations as well as other scholars. For instance, according to the National Police Misconduct Reporting Project that was done between 2009 and 2010, only 33% of 3,238 police officers who were accused of brutality were convicted while only 36% of the convicted police ended up serving their sentences in prisons or correctional facilities (Lopez, 2018). On the contrary, the conviction of civilians stands at 68%, while 48% of them are incarcerated (Lopez, 2017). Lopez (2018) argue that the judges and grand juries have the habit of believing and trusting police officers over civilians, leading to a lack of prosecution of the police. Legal standards give law enforcement officers discretion without the fear of the consequences or punishment (Lopez, 2017). 

Several specific cases have shown that law enforcement officers are rarely held accountable for excessive use of force. The Killing of Michael Brown on August 9, 2014, is one of the most notorious cases involving police brutality, especially because it elicited a lot of public protests ( Swaine, 2014) . Brown was killed by a white officer by the name Darren Wilson after being shot six times. According to the eyewitnesses, Brown was killed after fleeing the officer and raising his hands in the form of surrender. Consequently, Wilson was charged in court before being released and acquitted of the murder by the grand jury. According to the grand jury, a significant number of witnesses had recanted, while others later said that they did not see the shooting ( Swaine, 2014) . The grand jury specifically acquitted Wilson due to a lack of enough evidence and credible testimony. The ruling was not accepted by the majority of people, especially African Americans. 

The killing of Erick Garner is another case that has been explored extensively by both experts and the public. The police officer in New York City put Garner in the chokehold, leading to his death ( Allyn, 2019) . The case took almost five years, and finally, the police officer was acquitted. Specifically, the Department of Justice failed to prosecute Daniel Pantaleo for lack of evidence ( Allyn, 2019). Therefore, based on the two cases, lack of evidence is one of the reasons why law enforcement officers who use brutal force against civilians are not held accountable for the misconduct, as well as the violation of the use of the force policies. Importantly, the two cases act as perfect case studies to explore whether police are accountable for the use of excessive force. 

In summary, police brutality is one of the topics that have been studied extensively by various scholars. A significant number of studies focus on the cause and effects of police brutality or excessive use of force. Researchers have found that the excessive use of force by law enforcement officers is caused by a number of organization, environmental, and training-related factors. However, there are limited studies or research on whether the police are held accountable for the use of excessive law, especially based on the existing policy. The available studies and relevant sources have revealed that the police are hardly held accountable for their misconduct, primarily concerning the use of excessive force. Lack of legal standard and definition of the use of force and other concepts like reasonableness are encouraging the police to use excessive force with impunity. Nevertheless, the limited scholarly literature on the topic means that further research should be conducted on the area. Researchers should conduct further research to clearly determine whether the police are held accountable for the use of excessive force. 

Methods 

The researcher used systematic a literature review (SLR) to address and find the answer to the research questions. SLR is one of the qualitative research designs, and it involves the selection, identification, and appraisal of scholarly research and other reputable literature to answer a clearly formulated question ( Okoli & Schabram, 2010) . The review mainly focused on scholarly literature that was recently published. Only sources that focus on police brutality or the excessive use of force were selected for review. Much attention was paid to scholarly work on police accountability. Besides, the researcher was determined to explore relevant cases involving the use of force by police officers. As a result, due to the limited scientific studied on police accountability and the use of force, some reputable media sources were used to explore police shooting cases like that of Michael Brown and Eric Garner. Thus, online news articles from Vox , The Guardian , and NPR News were used to understand and analyze specific cases. The research method, therefore, involved a review of different types of sources. Nonetheless, all the sources reviewed were reputable. 

Analysis 

The available scholarly literature confirms that the use of excessive force in law enforcement is a problem that can no longer be ignored because of its severe impact and effects on society and the lives of individuals. Many studies have been conducted to explore the prevalence and effects of police brutality. The research by Garner et al. (2018) gives a clear picture of the effect of excessive use of force by the police. Unfortunately, the use of force by the police leads to about 1% and 4% of total death and homicide in the USA, respectively. Generally, people go to the police for protection, but the findings by Garner et al. (2018) indicate that law enforcement officers are also a threat to the civilians. Police brutality is also linked to immersed financial cost to law enforcement agencies and individuals, especially based on the findings of research by Garner et al. (2018). The total medical cost linked to police use of force is around $231 million annually, which is a high cost, primarily considering that the majority of victims of police brutality come from poor backgrounds. Thus, based on the high medical cost, some families may end up in poverty due to the excessive use of force by the police. In addition, police brutality is costly to the nation as law enforcement agencies spend about $1.02 billion to tackle law enforcement related cases. Therefore, the literature review has proven that police brutality is a real problem that should be tackled. 

Besides, the review pointed out that the use of force policy is not only clear, but it also ambiguous. First, the terms "use of force" and "excessive force" are not clearly defined in the policy, leading to a lot of confusion while giving law enforcement officers to avoid accountability. The scholarly work by Wittie (2011) helps in understanding some of the ambiguities in the use of force policy. Even though the policy spells out that the police should only use appropriate or necessary force to maintain law and order, the term “appropriate” or “necessary” is vaguely used in the policy. Besides, “reasonableness” is vaguely used in the policy. Hence, it came out from the literature review that vagueness, lack of clarity, and ambiguities in the use of force policy is one of the main reasons why it is hard for the criminal justice system to hold the police accountable for their use of excessive force against unarmed civilians who do not pose any significant danger. 

Alpert and Garner (2004) make it clear in their analysis that lack of clear legal definition of the use of force gives the police discretion to use excessive force with impunity. Courts have failed to define and determine the reasonable force, leading to the unsuccessful prosecution of police officers who have been accused of unnecessary brutality. Thus, according to the findings of various studies, it is difficult to uphold accountability in the use of force because of the lack of effective and clear policy. Courts have clear legal standards and frameworks to hold the police accountable for the use of force. At the same time, the police can easily violate the policy because it is ambiguous. 

Apart from the ineffective use of force policy, scholars and researchers have confirmed that the police are rarely held accountable for the use of force based on the available policy. The work by Robert (2017) provides enough evidence to show that the police use excessive force with impunity. It is interesting to note that only 54 police officers have been convicted for the excessive use of force even though thousands have been charged in courts across the country. The case of Dallas proves that police are not always held accountable for the use of force based on the use of force. The fact that only one police officer out of 175 in Dallas was convicted between 2008 and 2015 confirms Robert’s argument that the police use brutal force with impunity. Hence, the research paper by Robert (2017) provides enough data and evidence about police accountability in relation to the use of force. 

The analysis by Lopez (2018) is in line with Robert’s finings and assertion that the police are not held accountable for their misconduct. It is not normal that only 33% of 3,238 police who were charged with brutality were convicted between 2009 and 2010, especially based on the report by the National Police Misconduct Reporting Project. At the same time, only insignificant numbers of the police who are convicted are incarcerated or serve full sentences in prisons. Based on the analysis by Lopez (2018), only 36% of convicted police are incarcerated. Comparably, 68% and 48% of civilians are convicted and incarcerated, respectively. Hence, according to the findings of the literature review, accountability is still lacking in law enforcement, particularly in relation to the use of force. A police officer can commit a serious crime such as murder and fail to account for his or her behaviors. 

The recent cases of police being accused of murder help in explaining why accountability is still a problem in law enforcement. Michael Brown was killed by Officer Wilson in the public glare, but still, the grand jury did not convict him for lack of evidence. Initially, witnesses said that Wilson shot Brown after the latter had surrendered. Based on the initial evidence, Wilson did not have to use force to arrest Brown because he was not armed while at the same time, he surrendered. Still, in the case of Garner, the police used unnecessary force against unarmed civilians. The case of Brown and Garner proves that grand jury and the court are hesitant to convict or indict police officers who have been accused of brutality. It is possible that the prosecution deliberately provides weak and insufficient evidence in courts to protect the accused law enforcement officers. A significant number of cases involving the police have been dropped due to a lack of evidence. 

Discussion 

The main objective of this research paper was to determine whether the police are held accountable for the use of force within the existing policy. A systematic literature review was used to address the question or research topic. According to the findings of the literature reviewed, accountability is still a problem in law enforcement. First, the available use of force policy cannot effectively be used to hold the police accountable for their misconduct. The policy does not clearly define the use of force. As a result, law enforcement officers have much discretion when it comes to the use of force. It is not easy to hold the police accountable without necessary legal standards or frameworks. Lack of effective legal standards is one of the main reasons why the policy cannot be used to make police officers accountable for their unnecessary use of brutal force. 

Secondly, the research has revealed that lack of accountability with regard to the use of force by the police is evident, particularly according to the number of the police who have been successfully prosecuted, convicted, and incarcerated. Only an insignificant number of police officers have been convicted and incarcerated, which is a concern because it can encourage brutality by law enforcers. According to the findings, lack of evidence is one of the main reasons why the police are not convicted for their misconduct. The prosecution deliberately fails to provide tangible evidence before the jury or court, leading to a lack of conviction of many police officers. The case of Brown and Garner confirm that police are rarely held accountable for the use of brutal force. The police who killed the two young men were not convicted despite the availability of evidence, especially in the public domain. 

Policy and Practice Recommendations 

First, the legal definition of reasonable, appropriate, or necessary force should clearly be defined in the use of force policy. To clearly define the use of force, the policy should clearly spell out and describe the circumstances under which the police should use brutal force. Specifically, the policy should state that brutal force can only be used when the suspect is armed with deadly weapons such as guns. The police should not shoot or use brutal force when the suspect is not armed (Carter, 2016). Besides, any suspect who attempts to flee or is fleeing should not be shot by the police. On the contrary, the police should use all other alternatives to arrest the suspect or stop him or her from fleeing. To reduce police brutality while holding the police accountable, the discretion to use excessive force should extremely be limited. 

Secondly, to enhance accountability in the use of force by police officers, the court or grand jury should not only rely on the evidence provided by the prosecution but also other factors leading to the shooting or brutality. Courts should be allowed to have a holistic view and analysis of circumstances surrounding the use of brutal force (Carter, 2016). Besides, the court should be given the discretion to use publicly available evidence to convict a police officer who has been accused of brutality. Also, an independent body should be established to conduct investigations and present evidence in courts in cases involving police brutality. 

Conclusion 

Police are rarely held accountable for using excessive force due to the lack of effective legal standards. Based on available policy, it is not easy to hold the police accountable for the use of brutal force because they have the discretion to decide when to use it. The concepts such as reasonableness are still ambiguous in the policy, leading to an increased lack of accountability. Therefore, there is a need to enhance the effectiveness of the existing policy not only to increase accountability but also reduce police brutality. Also, the court should be given the discretion to use any available evidence to convict a police officer who has been confirmed to have used excessive force. However, the research in police accountability concerning the use of force is still limited. As a result, more research should be done in the area to come up with evidence-based solutions to the problem of police brutality. 

References  

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