Section 7: Use of Force and Police Procedures

Fundamentals of Procedural Law by Adam J. McKee

The use of force by law enforcement officers is a complex and critical aspect of modern policing that demands careful consideration and understanding. Balancing the need to maintain public order and ensure safety with the obligation to respect legal and ethical boundaries is a continuous challenge. This chapter aims to explore this multifaceted issue by examining five key areas.

Section 7.1: Introduction to Use of Force

Section 7.1 lays the groundwork for understanding the principles of the use of force. It examines the foundational concepts that guide law enforcement officers in applying force, along with the constitutional rights that regulate it. The objective is to provide an overview of the legal and ethical framework that governs the use of force in law enforcement.

Section 7.2: Levels of Force and Justifications

In Section 7.2, we delve into the different levels of force, including both deadly and non-lethal options. This section explores how force is categorized, the justifications for its use, and the legal guidelines that govern it. It offers an in-depth look at the complexities involved in determining the appropriate use of force in various situations.

Section 7.3: Accountability

Section 7.3 emphasizes the importance of constitutional considerations in the use of force. It explores legal aspects such as reasonableness under the Fourth Amendment, excessive force claims, and the mechanisms for accountability and oversight within law enforcement agencies.

Section 7.4: Police Training and Policies

Training and policies play a vital role in shaping how force is applied in the field. Section 7.4 provides insights into the training methodologies used to prepare officers for the judicious use of force, and how department policies guide their actions.

Section 7.5: Emerging Issues and Future Trends

Finally, Section 7.5 explores the emerging trends and future challenges in the use of force, including the implementation of body-worn cameras, addressing disparities in the use of force, and handling special situations like mental health crises.

The objective of this chapter is to provide a comprehensive understanding of the use of force as it applies to law enforcement. By exploring its principles, legal constraints, levels, training, and emerging trends, we aim to foster a well-rounded perspective on this crucial aspect of criminal justice. The content is designed to be relevant to law enforcement professionals, legal scholars, students, and all those interested in the responsible application of force within the criminal justice system.

Modification History

File Created:  08/08/2018

Last Modified:  08/01/2023

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This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.

 

 

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