Abstract
This paper explores the contentious issue of the use of force by police officers and the underlying causes of the violations in regulations that guide it. Several ethical issues surround the use of force by law enforcers. Ethical principles that govern the use of reasonable force in policing include the principle of necessity, proportionality, and caution. The article discusses issues of contextual differences and how the level of training and experience affects judgment when dealing with complex situations. Notably, officer training programs emphasize physical fitness, mastery of defense tactics, and weapons training while ignoring the key aspects of critical thinking, human relations, and ethics in the line of work. The paper recommends a change from the culture of misguided bravery and loyalty to honor and accountability. Offering psychological support to law-enforcement officials in the form of counseling and support groups can also ease the challenges that law enforcement officer’s experience.
Necessary Use of Force in Law Enforcement
The utilization of force in policing is a widely discussed subject drawing opinions from various stakeholders. There is, however, a lack of consensus about situations that warrant the need of force and the amount of force that should be applied in policing. Law enforcement officers in the US are currently permitted to use force when it is necessary, such as in self-defense or in defending others (National Institute of Justice, 2020). Officers are, however, required to apply only the necessary amount of force to contain any situation. As such, officers are advised to exercise discretion in situations that may warrant the use of force. Other factors, such as the level of training and the experience of the officer, come into play. The goal is usually to regain control and ensure public safety; hence injuries and death should be avoided at all costs. While necessary use of force is supported by relevant ethical principles, new approaches to training and ethical decision making are critical to improve the way law enforcement officers interact with suspects and the general population.
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Ethics of Use of Force in Law Enforcement
Ethical principles that guide the use of reasonable force in policing include the necessity, proportionality, and caution principles. The principle of necessity draws from the need for the use of a reasonable amount of force according to the situation (Miller & Blackler, 2017). Necessity teaches that non-violent means should take priority where possible, force should only apply where there is a legitimate cause, and the minimum reasonable force should be applied (United Nations Office on Drugs and Crimes, n.d). Law enforcement officers should always prioritize non-violent means in meeting their objectives and only opt for the use of physical force when they have exhausted all other reasonable options. Verbal means such as verbal persuasion should also apply when dealing with suspects that are resisting arrest. As such, officers will only use force when all the other means are considered ineffective in calming the situation. Furthermore, the use of force, when necessary, should only apply for purposes of enforcing the law. Cases of law enforcement officers beating suspects as a form of extrajudicial punishments are therefore illegal and unacceptable. The same applies to the use of force on individuals when the objective has been achieved, such as beating suspects when they are already in custody. More importantly, in situations where the force is indispensable, it should not exceed what is necessary according to the situations. This central aspect of the principle of necessity requires the officers to exercise judgment and avoid unnecessary injury to the suspect.
The principle of proportionality in the use of force only applies when the necessity is certain. This principle sets the limit on the use of force such that force is only applied lawfully and in accordance with the risk posed by the person or a faction of people (United Nations Office on Drugs and Crimes, n.d). For instance, shooting an escaping petty thief is against the principle of proportionality since the individuals do not pose an instant threat to the public. It is, however, reasonable for the enforcement officer to tackle the thief to the ground since they are unlikely to suffer serious injury in the process. The principle of precaution lays the foundations for the other principles of necessity and proportionality (United Nations Office on Drugs and Crimes, n.d). The authorities have to plan operations such that law enforcement officers do not fall into the grave risk from suspects or persistently encounter situations that compel them to use force. Proper training and identification of dangerous zones are among the most necessary measures applied to protect both the public and officers from injury.
Contextual Use of Force
Issues of context or complexity of situations will always persist in discussions on the police officers’ use of force. When put into perspective, situations vary, and no two scenarios can be exactly the same for law enforcement officers. As such, officers exercise discretion while tailoring their response to the situation they encounter in their line of duty. The crucial aspect of situational awareness should then inform the officer on the correct step to take to regain control (National Institute of Justice, 2020). Several factors, however, affect the judgment that individual officers have in various situations. Complex situations often require fast judgment and precise execution of decisions. The risk of poor judgment thus increases under complex situations, sometimes resulting in unnecessary use of force. The police’s level of training is also critical to their competency in handling complex situations. Highly trained officers have the capacity to assess various outcomes and select the most suitable outcome based on the most objective of the whole process. Poor training thus increases the chances of officers making decisions that escalate situations leading to the use of unnecessary force. Context, therefore, is a key determinant of the police’s choice to use force.
Race and Ethnicity
Undoubtedly, the race and ethnicity factor always emerges when assessing the use of force in policing. Several studies on the link between race and ethnicity in force application by law enforcers point to a robust linkage between race and the judgments to apply force (Elliot & Pollock, 2014). Most criticisms directed towards law enforcers major on excessive usage of force when handling blacks or suspects from minority communities. Stakeholders argue that officers usually have presumptions about minority communities like blacks hence are likely to use force where it is unnecessary. These presumptions were cultivated through years of clashes between police officers and the fellows of the black community and continue to affect their interaction up to date. The strained relationship is also the cause of strong resistance offered by minority suspects necessitating the use of excessive force (Elliot & Pollock, 2014). Due to the socioeconomic status of most black neighborhoods, suspects are likely to gang members, drug peddlers, or users or involved in violent crimes. Officers view these activities as posing a greater risk to them, and other members of the community hence opt for force when dealing with suspects. The justifications for their actions are, however, nonexistent considering the generalized approach that they use and the negative attitudes that these actions cultivate in members of the community.The role of the law enforcement officer’s ethnicity in determining their likelihood of using force on suspects should also be considered. Elliot and Pollock (2014) found that black and Hispanic officers had a higher likelihood of applying force on minority suspects as compared to white offenders. These findings point to two possibilities; racial bias and the role of the neighborhood in increasing police encounters with suspects from the minority study. A follow-up study on the finding by Fryer Jr (2016) did not link officer ethnicity or race to the use of force against suspects from their race. A possible explanation for the initial finding is that police officers are often drawn from the communities that they work in, and the chances for encounters with individuals from these communities is high. As such, black and Hispanic officers working in their respective neighborhoods will encounter suspects of the same race. The aspect of bias against their race or ethnicity, therefore, lacks sufficient evidence.
Training
Notably, the aspect of law enforcement officers' training programs significantly influences decisions to use force on suspects. Officer training programs emphasize physical fitness, mastery of defense tactics, and weapons training. (Elliot & Pollock, 2014). Although these parts of the training process are necessary due to their applicability in maintaining law and order, other subjects such as ethics and human relations do not get the attention that they deserve. Undoubtedly, the work of law enforcement officers in dealing with people and solving problems that occur within their surroundings. Critical thinking is, therefore, an invaluable skill required to guide the officer in solving complex situations without the need to result in the use of force. A lack of critical thinking skills means that officers become inept when caught in unprecedented situations hence undermining their ability to apply their professional knowledge correctly. Ethical training is key to the improvement of the thinking process and informing human interaction. Moral thinking should guide officers in understanding the dangers of using lethal or excessive force on suspects in situations where they are unnecessary. Considering the cultural diversity of the American society, critical thinking and human relations are necessary to curb the racial bias that police officers direct towards minority communities.
Recommendations
Existing regulations and policies have significantly contributed to a reduction in incidences of law enforcement agencies and officers using unnecessary force. Additional change is, however, necessary to completely eliminate incidences of unnecessary use of force and instill proper ethics in law enforcement officers. Notably, police culture is a major contributor to the violations carried out by law enforcement officers. A culture of bravery and loyalty is pervasive among officers and significantly contributes to the current challenges on the use of force (Shjarback, 2016). While the values of bravery and loyalty and crucial, their misinterpretation poses a major challenge in ensuring accountability and adherence to regulations. Misplaced loyalty hinders the reporting of rogue officers by their counterparts, while false bravery drives the unnecessary use of force on citizens. Instead, police training programs should institute a culture change to honor and accountability. Police accountability will ensure that all officers adhere to regulations regarding the necessary use of force and also hold their counterparts accountable for their misdoings. Similarly, cultivating honor is necessary for ensuring a moral approach to law enforcement operations.
Focus on psychological factors for officer behavior can help in identifying underlying causes for certain actions that violate regulations on the use of force. Over time, officers develop a coping mechanism to deal with traumatic experiences or other psychological issues that they experience (James et al., 2016). These coping mechanisms eventually shape their decisions making and can mask critical thinking and their view of the work environment (Alonso, 2018). Programs offering psychological support to officers are thus crucial to identifying underlying psychological problems and providing treatment. Similarly, encouraging support groups where officers can discuss their challenges and receive peer support can positively impact the way they view the use of force.
Conclusion
The police officers’ application of force is only justifiable when it is necessary, and other effective methods of handling the situation are nonexistent. Ethical principles that guide the use of reasonable force by officers include the principle of necessity, proportionality, and caution. These principles guide the officer in making the right judgment according to the situations. Understanding the driving factors for inappropriate use of force such as racial and ethnic bias, inadequate training, and misjudging of context can help inform the officers on the best approaches to different situations. Psychological support in the form of counseling and support groups can also ease the challenges that law enforcement officers experience.
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References
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Elliot, K. A., & Pollock, J. M. (2014). The Ethics of Force: Duty, Principle, and Morality. Law Enforcement Ethics: Classic and Contemporary Issues , 231-256.
Fryer Jr, R. G. (2016). An empirical analysis of racial differences in police use of force (No. w22399). National Bureau of Economic Research. doi: 10.3386/w22399
James, L., Fridell, L., & Straub, F. (2016). Psychosocial factors impacting officers’ decisions to use deadly force. The Police Chief , 44-51.
Miller, S., & Blackler, J. (2017). Ethical issues in policing . Routledge.
National Institute of Justice. (2020). Overview of police use of force. National Institute of Justice . https://nij.ojp.gov/topics/articles/overview-police-use-force
Shjarback, J. (2016). Cops, culture, and context: The integration of structural and cultural elements for explanations of police use of force (Doctoral dissertation). Arizona State University, Arizona, USA. https://repository.asu.edu/items/39457
United Nations Office on Drugs and Crimes. (n.d). Doha Declaration: Promoting a Culture of Lawfulness . https://www.unodc.org/e4j/en/crime-prevention-criminal-justice/module-4/key-issues/3--the-general-principles-of-use-of-force-in-law-enforcement.html
