A police department main objective is to provide safety measures and services to the people including protecting their properties and rights. Therefore, the proper use of force is significant for its policing. In situations, some people fail to do by the laws of the nation unless subjected or controlled by use of force. In using force in police departments, the government interest has to resemble the amount of force upon any citizen constitutional rights. In that case, police department officers have to hold their highest regard for the liberty of all citizens and also place less dependence on the use of force (Brown, 2015). Law enforcement departments have respect and value the citizens of the nation, and the application of force is applied in extreme situations.
Many civil lawsuits are filled yearly against the criminal justice departments and officers. This legal action has created a huge problem for the law enforcement and other individuals who ensure that they perform their lawful duties without crossing lines of the case law. Therefore, civil liability in the criminal justice system gives essential advice and protection to the law enforcement individuals, introducing them to correctional system employees, introducing them to civil liabilities in overall and the federal law specifically and providing advice on steps to be taken to reduce risk.
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The application of force by law enforcement has to be analyzed in two ways; resistance and control. Resistance and control can either be physical actions or verbal directives. The force employed by the law enforcement officers can be justified in use of situations where there is a need to protect the police officer, to effect the lawful arrest and detention on the resistance subject, to stop the dangerous and unacceptable behavior and to protect the resisting subject from self-injury. There are different forms of force the law enforcement officers may use, and each has its level of control.
Oleoresin capsicum chemical spray is one of the tools officers use on high-level control. Only authorized OC sprays may be used (Brown, 2015). It may be used when a suspect has to be controlled through advice, warning or persuasion. It is justified to use in a situation of managing the physically resisting suspect, where officers need to defend themselves, for suspect self-protection, when lesser forms of control are ineffective and on physically resisting handcuffed suspects. The OC spray is not to be used on suspects who are using passive resistance or individuals who are not causing any physical threat or resistance. The OC spray is also no to be used on a suspect who has ceased resistance. Before use, officers have to be aware of the effects of the OC spray. They have to be mindful that the spray may affect the suspect differently and therefore may not be effective. They have to be cautious using on suspects in buildings or vehicles. OC spray should be used with caution considering its health effects and should not be used near an open flame. Follow-up care has to be followed. When a suspect is subjected to the spray, the officer has to monitor the suspect until they are taken to a medical facility.
Suspect sprayed with OC sprays have to be provided with first aid treatments by the officer. Juveniles' who have been sprayed will have to provide with medical care by Dallas Fire-Rescue according to field release or upon arrival to the Juvenile locations. The officers who used this tool have to report. They will have to fill an incident report and give detailed information for the use of the spray. They have to include the time, date and the location of use. In addition, if an ambulance is called to the scene, the officers have to provide the details of the ambulance including the ambulance number and the names of the medics who were involved. Officers have to take certain precautions when transporting the suspect sprayed by OC spray (Las Vegas Metropolitan Police Department, 2017). Officers have to have training on the use of OC spray. Those officers who don't have training on the use of OC spray have to contract the division training coordinator to qualify to carry and use the spray. Finally, officers who are eligible to carry and use the spray will receive every two years training. In this case, the officers have to be cautious about using this tool to control suspects. They have to follow the policies relating to the use of this technique to avoid civil lawsuits.
Electronic weapons are also used to control a suspect. It is used on high-level control. There are various policies on the use of this tool. The Dallas Police Department has a policy on subjecting law enforcement intervention to a suspect in a safe and reasonable manner. Taser x26 is the only electronic weapon which has been authorized to be used by trained officers. The officers authorized to use this tool have to attend a course of instruction (Brown, 2015). To maintain certification to use this weapon, they have to re-qualify to use it every year. They have to inform their supervisors about the need to use it. The tool may be justified to be used on a suspect who physical resist arrest, as self-defense to the officer and to protect a suspect from self-harm. It should not be used on handcuffed prisoners, the elderly, pregnant women, and juveniles.
The length and number of users should depend on the treatment received from the suspect. The weapon should not be used for escorting suspects, for coercion of any type, for driving individuals, for practical jokes and should not be used on subjects in water. It should not be used to intentionally target specific organs of the suspect including the face, spine, head, and groin or head unless when deadly force is needed (Las Vegas Metropolitan Police Department, 2017). Law enforcement officers have to consider various factors before use of the equipment such as being aware of the environment before use. Follow-up care on individuals who were electrocuted by the teaser has to be done. The suspect has to receive the necessary healthcare. The officers also have to make a report on the use of the Taser. There are consequences for failure to follow the policies on the use of the Taser since the officers will be held accountable for every trigger they pull of the teaser.
Deadly force may also be used on dangerous suspects. This tactic is used on high-level control. There are various policies on the justification on use of deadly force. Deadly force has to be limited to factors reasonable to the officer. The officer decides on deadly force considering the facts of resistance. The officer may try to use deadly force if time and opportunity allow them to (Brown, 2015). They have to look for an alternative if given a chance. Authorization on the use of deadly force is granted when the officers are protecting themselves or other individuals from death. The officers may display weapons when they are under threat. Using firearms on moving vehicles is prohibited unless it is necessary when protecting an individual from death. Officers are also not allowed to fire warning shots (Brown, 2015). Restriction to the policy is not applicable to the off-duty officer because the officer is viewed as a general citizen.
There are various tools used to control in situations which need low-level force. The first one is the use of presence and verbal communication. The officers may attempt to approach and use their verbal skills on resisting individuals to control them. Use of empty-hand and tactics is also used on low-level control (Las Vegas Metropolitan Police Department, 2017). It may be used on take-downs or escorts. The officers have to be trained and certified by annual training. This technique has to be used according to how the officers have been trained. Use of handcuffs, flexible handcuffs or other restraining devices is employed on the low-level force (Las Vegas Metropolitan Police Department, 2017). The officers have to be trained to qualify to use them. Inspection requirement for the restraining equipment should be followed. It is approved for usage in a situation such as during investigation detention, when trying to prevent self-harm of the suspect and approved to be used according to how the officers were trained.
Use of restraining holds is done by law enforcement officers (Brown, 2015). In cases where there are many officers in a crime scene, the team take-down method is justified to be useful for controlling the suspects. Each officer has to take part in the control of the violent suspects involved. Follow-up care has to be done in cases where the suspect has been injured during the take-down. An arrest report has to be presented. The officers have to document the Take-down of the suspects.
Law enforcement has various policies on the use of force on resisting or violent individuals. The use of chemicals, electronic weapons, and deadly force are the most severe forms which may have significant effects on individuals. Use of restraining holds, verbal communication, restraining devices, and empty hand tactics are most effective since the suspect is not subjected to any significant harm. The policies on these tools have to be followed since failure to do so the officers will be held accountable for the outcome. Civil liabilities in the criminal justice system are related to the law enforcement policies on force subjected to individuals. It makes the grounds to be followed and also guides the law enforcement to avoid lawsuits.
References
Brown, D. O. (2015, March 6). Dallas Police Department general order . Retrieved from https://static1.squarespace.com/static/56996151cbced68b170389f4/t/569ad5 8a0e4c1148e6b1079b/1452987794280/Dallas+Use+of+Force+Policy.pdf
Las Vegas Metropolitan Police Department (2017). Use of force model . Retrieved from https://www.lvmpd.com/en us/InternalOversightConstitutionalPolicing/Documents/Use-of-Force- Policy-2017.pdf
