Introduction
The police have authorization and training to use force in specific instances due to the nature of their work. However, there are incidences like the shooting of Michael Brown by officer Wilson, that have attracted the attention of the public, media, and legislators due to alleged use of more force than necessary. The objective of this paper is to discuss the standards used in deciding if police have used excessive force and are liable for a civil suit for alleged wrongful death. In addition, the paper will discuss whether the use of less-lethal techniques can help reduce adverse injuries when people engage in confrontations with the police. Although law enforcement officers are allowed to use lethal force, they should exercise that authority only when the suspect possess threat of harming others physically.
Standard for Excessive Force
The fourth amendment permits police officers to use physical force only when it is objectively reasonable given the specific circumstance. One of the instances when lethal measures are allowed is when the police officer perceives that the suspect can cause serious physical harm to the police or other people (U.S. Department of Justice 80). The cases related to the assumption of threat to injure others include Tennessee v. Garner, 471 U.S. 1, 11 and Deluna v. City of Rockford, 447 F.3d 1008, 1010. (U.S. Department of Justice 80). Notably, the constitution still allows for this principle even when the suspect decides to escape. However, the officer can no longer use deadly force after the threat has been neutralized.
The factors determining whether officer Wilson is liable for a civil suit for the wrongful death of Michael brown include possession of a lethal weapon by the suspect, shooting when the suspect is running away, and willfulness. The use of force must be reasonable under the circumstance for any objective person to concede (Mangels et al. 299). The physical examination shows no bullet shot from behind his back (U.S. Department of Justice 85). The other requirement is proof that the officer acted willfully to violate the law. Notably, poor judgment and violation of policies do not equate to a constitutional violation, as was ruled in Cf. Gardner v. Howard, 109 F.3d 427, 430–31 (8th Cor. 1997). Therefore, the court ruled that the issue of Officer Wilson’s use of force did not have prospective merit and decided to close the case.
Use of Less Lethal Techniques
The use of less lethal weapons such as pepper spray is only effective in minimizing death in the case of mass protests. The public is still opposed to striking citizens using less-lethal weapons, including batons and tasers (Mourtgos and Ian 880). The implication is that majority of people do not want law enforcement officers to get into physical engagement with suspects. Nonetheless, it is essential to consider the safety of the police when handling dangerous suspects such as terrorists. If they know the police cannot kill them, their respect for the officers may be lower. For instance, if the police us pursuing the suspect and orders them to stop, they may ignore or turn back and shoot. Thus, there are circumstances where the police should use deadly force to prevent suspects from hurting others.
Conclusion
Conclusively, the police use of excessive force is a discourse that continues to perplex many. Cases of suspects dying after being shot by police attract protest and legal scrutiny. At the same time, the nature of police jobs requires that in certain circumstances, when confronting dangerous offenders, force can be used to bring order. The use of less lethal weapons is not a solution because there are dangerous criminals who need to be contained and arrested. Therefore, the police should ensure that they are objective and only use deadly weapons as a last option.
Works Cited
Mangels, Laura, et al. “Police Expertise and Use of Force: Using a Mixed-Methods Approach to Model Expert and Novice Use-of-Force Decision-Making.” Journal of Police and Criminal Psychology, vol. 35, no. 3, 2020, pp. 294-303.
Mourtgos, Scott M., and Ian T. Adams. “Assessing Public Perceptions of Police Use-of-Force: Legal Reasonableness and Community Standards.” Justice Quarterly, vol. 37, no. 5, 2019, pp. 869-899.
U.S. Department of Justice. Department of Justice Report Regarding the Criminal Investigation into The Shooting Death of Michael Brown by Ferguson, Missouri Police Officer Darren Wilson. Scotts Valley: Createspace Independent Publishing Platform, 2015. Web.