Harmon's Arguments Against Police Brutality
when their force has become deadly force and they still continue to murder some innocent people who do not deserve to die the way they have. There are different types of police brutality. What starts out as a simple altercation turns into a real sticky situation because police do not know when they have gone too far when it comes to force. Excessive force, false arrestment or imprisonment, malicious prosecution, unreasonable search, and rights of pre-trail detainees are all different types of police brutality. Police are supposed to use force when they are trying to restrain an individual who is physically restricting arrest. If a police officer uses extra force that is unnecessary such as hitting or kicking or anything of that kind and the
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person is unarmed, listening to directions, or acts in a non-threating manner, then that is called excessive force. False arrestment or imprisonment means a police officer takes a person into custody without an arrest warrant. Arresting someone without an arrest warrant is only legal when they have actually seen that person commit a crime or have a reasonable reason to think that person was about to commit a crime. Malicious prosecution is defined as a common law intentional tort, while like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in. An individual may be the victim of a malicious prosecution when a law enforcement official begins a criminal proceeding, without credible cause, but with hatred toward the individual, and the criminal proceeding ends in the victim’s favor (without a conviction). An unreasonable search is when a police officer attempts to search an individual or their things without a warrant or a reliable reason to search through their things. It is illegal for a police officer to enter an individual’s home and search it without a warrant and without the presence of emergency circumstances, and when an officer does a strip search to a person who is not under arrest. The last type of police brutality is the rights of pre-trial detainees. The rights of pre-trial detainees means that while in jail, the detainee has a legal claim for any injuries that occur. That means that the police have a responsibility to control his or her physical and psychological needs, provide the right medical treatment, food, and shelter, and protect the detainee from other inmates. Any injury resulting from neglect during pre-trial detention may be the basis for a legal claim against the law enforcement agency that operated the facility. These are all different types of ways police assault people. It is more than just the physical abuse. The rise of police brutality has become very sad.
It is getting more and more popular especially to African Americans, and more specifically African American males. It is making the world and community a more dangerous place than it already is. It is making this society a very destructive and violent place. In order to stop the violence there has to be some leadership and control. As Dr. Martin Luther King Jr said, “Oppressed people cannot remain oppressed forever. The urge for freedom will eventually come” (5). Getting assaulted by a police officer should never be understood or viewed as okay. Although racism and discrimination may completely be gone, it can reduce if there were more leaders. Harmon argues that “defensive force justification defenses arise when individuals threaten interests that are weighty enough to justify protection” (1147). Harmon always justifies that “the common law connection between justification defenses and police use of force may not be surprising in light of the development of law enforcement in the country” (1149). In other words this means that when someone speaks out and decides to have a voice about needing protection they will not stop until they get what they need. In this case, they get all the resources they need in order to get justice. Police brutality is not right and is making this society weak. The justice department needs to take control and breaking the law should not be acceptable for anyone, not even the police department. There needs to be consequences and the consequences need to be the same for a police officer as it is for a citizen who breaks a
law.
person is unarmed, listening to directions, or acts in a non-threating manner, then that is called excessive force. False arrestment or imprisonment means a police officer takes a person into custody without an arrest warrant. Arresting someone without an arrest warrant is only legal when they have actually seen that person commit a crime or have a reasonable reason to think that person was about to commit a crime. Malicious prosecution is defined as a common law intentional tort, while like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in. An individual may be the victim of a malicious prosecution when a law enforcement official begins a criminal proceeding, without credible cause, but with hatred toward the individual, and the criminal proceeding ends in the victim’s favor (without a conviction). An unreasonable search is when a police officer attempts to search an individual or their things without a warrant or a reliable reason to search through their things. It is illegal for a police officer to enter an individual’s home and search it without a warrant and without the presence of emergency circumstances, and when an officer does a strip search to a person who is not under arrest. The last type of police brutality is the rights of pre-trial detainees. The rights of pre-trial detainees means that while in jail, the detainee has a legal claim for any injuries that occur. That means that the police have a responsibility to control his or her physical and psychological needs, provide the right medical treatment, food, and shelter, and protect the detainee from other inmates. Any injury resulting from neglect during pre-trial detention may be the basis for a legal claim against the law enforcement agency that operated the facility. These are all different types of ways police assault people. It is more than just the physical abuse. The rise of police brutality has become very sad.
It is getting more and more popular especially to African Americans, and more specifically African American males. It is making the world and community a more dangerous place than it already is. It is making this society a very destructive and violent place. In order to stop the violence there has to be some leadership and control. As Dr. Martin Luther King Jr said, “Oppressed people cannot remain oppressed forever. The urge for freedom will eventually come” (5). Getting assaulted by a police officer should never be understood or viewed as okay. Although racism and discrimination may completely be gone, it can reduce if there were more leaders. Harmon argues that “defensive force justification defenses arise when individuals threaten interests that are weighty enough to justify protection” (1147). Harmon always justifies that “the common law connection between justification defenses and police use of force may not be surprising in light of the development of law enforcement in the country” (1149). In other words this means that when someone speaks out and decides to have a voice about needing protection they will not stop until they get what they need. In this case, they get all the resources they need in order to get justice. Police brutality is not right and is making this society weak. The justice department needs to take control and breaking the law should not be acceptable for anyone, not even the police department. There needs to be consequences and the consequences need to be the same for a police officer as it is for a citizen who breaks a
law.