JUS-104 Police Use of Force
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JUS-104
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Jan 9, 2024
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Police Use of Force
Rebecca Hudson
JUS-104: Introduction to Justice Studies
Professor Espinoza
July 9, 2023
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Police Use of Force
Police officers have many duties they must perform while on the job all of which help to
protect life and property. Some of the duties of a police officer include enforcing laws and
regulations, responding to calls for service, conducting preliminary and follow up investigation,
arresting criminals, and testifying in court. However, the main purpose of a police officer is to be
a public servant. Police must perform their duties while maintaining professionalism, integrity,
and humanity. Police often interact with all types of people and officers must maintain
professional conduct even when interacting with the most difficult members of society (UNC,
2023). Because of the authority that police officers hold, it is critical that they behave in a way
that shows they are trustworthy and can make morally sound decisions.
Use of Force
The use of force is a hot topic in policing and can be the root of distrust between civilians
and police. There are two main types of use of force, deadly and nondeadly. Most use of force
incidents involve the second kind of force, nondeadly force. Nondeadly force includes, police
presence, shouting, TASER, OC sprays, and blunt force projectiles (NIJ, 2011). While each
department has its own policies on how to determine what level of force is appropriate for a
certain circumstance, there are some overarching similarities. Typically, departments will state
that an officer is allowed to use a level of force that is objectively reasonable. However, this is a
very open-ended policy as every person might have a different view on what is reasonable. To
help officers determine what is reasonable, there are factors written out. These factors include the
conduct, size, age, strength, and mental capacity of the individual being contacted. The number
of officers involved also can affect the level of force that is reasonable for that situation. In the
subject is in possession of weapons that can also affect the amount of force needed (UCLA,
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2023). Every use of force incident is investigated on a case-to-case basis to ensure that officers
are not using excessive force.
Many people claim that police officers often use force excessively, however studies may
show the opposite. An article written by Leah Wang (2022) states “only 2% of people who had
any contact with police experienced the nonfatal threat or use of force by police in the past year”
(para. 4).
This number is quite low, especially considering the number of people who are
contacted by the police every year. In 2018, there were approximately 61.5 million people who
had contact with police (Harrell & Davis, 2023). This means that around three thousand people
every year have contact with police officer in which some form of nondeadly force is used.
These numbers do not indicate that there is a prevalent excessive use of force issue. While there
are certainly isolated incidents where excessive use of force does occur, excessive use of force is
not an issue with most officers.
Constitutional Limitations
While regulations on police power are primarily decided by the state, these state laws
must remain consistent with federal law and the constitution. The authority given to police by the
state determines an officer’s ability to carry out their duties. Depending on the state and the
duties that officers are required to fulfil, this level of authority may differ. Constitutionally, the
necessity for police authority is protected as long as that authority is reasonably exercised.
Certain amendments such as the 4
th
, 5
th
, and 14
th
amendments give certain limitations to police
power. These amendments prevent police from abusing their power to search personal property
and protect citizens from self-incrimination (Klotter, 2002). These constitutional limitations are
quite appropriate, and allow police to perform necessary duties, while also protecting citizens’
rights.
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Conclusion
Within the last few years there has been major criticism of police use of force. Despite
these claims, the percentage of police interactions that require use of force are quite low.
However, these incidents are often highlighted by the media. The public is more often shown
these incidents and are never made aware of the number of interactions which remain peaceful.
This creates a public bias and causes people to become upset at what they perceive to be
excessive use of force. Many departments have begun sharing positive interactions with the
public in addition to being transparent about major use of force when it occurs. The goal is to
show the public the positive interactions between the police and the public in order to gain trust
and give the public a true representation of police work.
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References
Harrell, E., Davis, E., (2023). Contacts between police and the public, 2018. Bureau of Justice
Statistics.
https://bjs.ojp.gov/content/pub/pdf/cbpp18st.pdf
Klotter, J., (2002). Police power and limitations. Office of Justice Programs.
https://www.ojp.gov/ncjrs/virtual-library/abstracts/police-power-and-limitations-legal-
guide-police-constitutional
NIJ, (2011). Overview of less-lethal technologies.
https://nij.ojp.gov/topics/articles/overview-
less-lethal-technologies
UCLA, (2023). Use of force. Police Department.
https://police.ucla.edu/other/use-of-force
UNC, (2023). Officer expectations and duties.
https://police.unc.edu/recruitment/officer-
expectations-duties/
Wang, L. (2022). Police use of force rising for black, female, and older people; racial bias
persists. Prison Policy Initiative.
https://www.prisonpolicy.org/blog/2022/12/22/policing_survey/