Use of Force and the Constitution
U.S. Constitution and Use of Force
David Baxter
CJ400 Constitutional Law in Criminal Justice
Park College September 25th, 2010
Table of Contents
Introduction 3 Ideologies Affecting Police Use of Force 4-6 Public Climate Regarding Use of Force 6-8 Law Enforcement’s Position Regarding Use of Force 8-12
Societal Implications 12-13
References 14-15
Introduction
The prison escapee broke into the house while the owner was away and stole some food, pain pills, and a loaded handgun. During the night, he dodged the sounds of hounds approaching. He was dead set on getting away at any cost, even if it meant he had to kill an approaching officer. After a few days, the officers finally had him cornered, he had nowhere to run. The run from the law that had started with a break from prison was about to end on a city street. The man on the run sees the officers in broad daylight and as he turns to run, he is met by a hail of gun fire and falls over dead. At the scene, law enforcement quickly converges on the scene, trying to keep onlookers away. It is determined that the man was shot by as many as 17 rounds, but there is no public outcry, no claim of excessive force, and no one suing the officers.
The story illustrates a use of police force in America, at a different time, a time when the United States Constitution was still young and the political scales was tipped toward justice, preservation of peace for the community, and punishment for those who breached that peace. How the times have changed, the political correctness that exists in our modern times shows a societal shift of epic proportions, for the safety and greater good of society has been trumped by the rights of individuals and the due process of the law . There are many issues that come
David Baxter
CJ400 Constitutional Law in Criminal Justice
Park College September 25th, 2010
Table of Contents
Introduction 3 Ideologies Affecting Police Use of Force 4-6 Public Climate Regarding Use of Force 6-8 Law Enforcement’s Position Regarding Use of Force 8-12
Societal Implications 12-13
References 14-15
Introduction
The prison escapee broke into the house while the owner was away and stole some food, pain pills, and a loaded handgun. During the night, he dodged the sounds of hounds approaching. He was dead set on getting away at any cost, even if it meant he had to kill an approaching officer. After a few days, the officers finally had him cornered, he had nowhere to run. The run from the law that had started with a break from prison was about to end on a city street. The man on the run sees the officers in broad daylight and as he turns to run, he is met by a hail of gun fire and falls over dead. At the scene, law enforcement quickly converges on the scene, trying to keep onlookers away. It is determined that the man was shot by as many as 17 rounds, but there is no public outcry, no claim of excessive force, and no one suing the officers.
The story illustrates a use of police force in America, at a different time, a time when the United States Constitution was still young and the political scales was tipped toward justice, preservation of peace for the community, and punishment for those who breached that peace. How the times have changed, the political correctness that exists in our modern times shows a societal shift of epic proportions, for the safety and greater good of society has been trumped by the rights of individuals and the due process of the law . There are many issues that come
References: Department of Justice. (1999, Oct). Use of Force by Police: Overview of National and Local Data. Retrieved Sep 06, 2010, from National Criminal Justice Reference Service: Ferdico Finnegan v. Fountain, 915 F.2d 817 (2d Cir. 1990), http://www.ncjrs.gov/pdffiles1/nij/176330-1.pdf Graham v Johnson, J. (2007, April). Use of Force and The Hollywood Factor. Retrieved Sep 04, 2010, from AELE Law Enforcement Legal Center: http://www.aele.org McCarthy, B Ryan, J. (2009). Legal Issues: Use of Force/Deadly Force. Indianapolis, IN: Public Agency Traininig Council. Tennessee v Time. (2007). The L.A. Riots: 15 Years After Rodney King. Retrieved Sep 04, 2010, from http://205.188.238.181/time/specials/2007/article/0,28804,1614117_1614084_1614831,00.html Wallentine, K Woodrow Wilson (U.S. President, 1913–1921, Speech at New York Press Club 9th September 1912); http://isocracy.org/node/43.