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cynzke

(1,254 posts)
8. If you google "Use of Force Continuum"
Mon Dec 15, 2014, 09:32 AM
Dec 2014

you will find a general description of the levels of force police are legally allowed to use, including lethal force. These are suppose to escalate to match the situation and vary with state laws and police department standards of conduct. You are only suppose to use the second highest level of force, "non-lethal" force, if the situation calls for it, like RESISTING arrest and not before you have tried more reasonable means to control the situation. The escalating incidents of excessive force are not going unnoticed in law enforcement and legal excepts. You will find many discussions, articles and paper addressing the problem and trying to correct the problem. The media is finally picking up and focusing on this as well as the public. The problem the experts suggest are a combination of failures that help to create these incidents. For example, the laws are too vague and give police officers too much wiggle room/power. A police officer can actually break a law but not be charged if he uses the "defense of life" loophole. Another example, experts think there is not enough time spent training cops on the appropriate use of force and their legal obligations. Training is focused on defense of the officers' lives, dealing with dangerous situations and how to react quickly to them. Not enough on how to deal with minor situations matching the linear levels of the "Use of For Continuum". Too many cops today think any delay in the response to a verbal command justifies using the second highest level of force, which means an immediate forceful response through handcuffing and can include tasing, punching, kicking, etc. But this is suppose to be a necessary response to control a situation in proportion to it. The suspect is resisting arrest and/or endangering the cop or bystanders and there should be a serious crime involved. You are not suppose to rough up a citizen over a misdemeanor. Some experts suggest that in some forces, it is a sign of weakness among officers, if non compliance of verbal commands are not met with force. So here you have a perfect example...the poor 76 year old was trying to explain his story and because he didn't IMMEDIATELY comply with the officer's instructions, the officer felt he was justified to use excessive force. That is want we are seeing. And experts point out that police departments, commissions on DA don't do enough to discourage this or press charges. They circle the wagons. This officer may get fired, but he won't be charged with assault. Citizens are left with civil suits as their only means of justice.

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