Use Of Force By Police And Criminal Accountability
Use of Force by Police: Legal Framework
Police officers have the authority to use force in certain circumstances, mainly to:
Maintain public order,
Effect arrests,
Protect themselves and others,
Prevent crime.
However, this use of force must be reasonable, proportionate, and lawful under the circumstances. When police exceed these limits, they may be held criminally accountable for excessive or unlawful use of force.
Key Legal Principles Governing Use of Force
Necessity: Force should only be used when absolutely necessary.
Proportionality: The degree of force must be proportionate to the threat faced.
Reasonableness: The officer’s perception and response must be objectively reasonable given the facts.
Lawfulness: Use of force must comply with laws, rules, and departmental policies.
Accountability: Unlawful or excessive force may lead to criminal charges like assault, manslaughter, or even murder.
Detailed Case Law Examples
1. Graham v. Connor (1989) — U.S. Supreme Court (Use of Force Reasonableness Test)
Facts: Graham, a diabetic, was forcibly detained and injured by police who suspected him of shoplifting. He filed a lawsuit claiming excessive force.
Issue: How to assess police use of force claims under the Fourth Amendment (protection against unreasonable searches and seizures).
Judgment: The Court established the “objective reasonableness” standard. The question is whether the officer’s use of force was objectively reasonable from the perspective of a reasonable officer on the scene, not judged with hindsight.
Principle: Use of force must be judged based on the facts known to the officer at the time, considering the severity of the crime, whether the suspect poses an immediate threat, and whether he is resisting arrest or fleeing.
2. R. v. Nasogaluak (2010) — Supreme Court of Canada
Facts: Police officers fatally shot an intoxicated man who was wielding a stick and allegedly threatening others.
Issue: Whether the use of lethal force was justified.
Judgment: The Court held that lethal force is only justified if there is an imminent threat to life or serious bodily harm. Officers must consider alternative, less harmful options before resorting to deadly force.
Principle: Police must exercise restraint, and deadly force is a last resort when no other option exists to neutralize the threat.
3. R. v. McNeil (1994) — Canadian Supreme Court
Facts: Police arrested McNeil and used force during the arrest, causing injury.
Issue: Whether the force used during arrest was lawful.
Judgment: The Court held that police have a limited privilege to use reasonable force to effect arrest or maintain control. The force used must be necessary and proportionate.
Principle: Police are entitled to use force but not beyond what is required to accomplish lawful duties.
4. State of Maryland v. Christopher Miller (2013) — U.S. Case
Facts: Police officers used tasers and physical force during a protest to disperse demonstrators.
Issue: Whether the force was excessive under the Fourth Amendment.
Judgment: The court ruled some force was justified given the protest’s nature, but the use of tasers on non-threatening individuals was excessive.
Principle: Officers must balance law enforcement objectives with respect for citizens’ rights and avoid unnecessary or punitive force.
5. People v. Harris (1986) — California Supreme Court
Facts: Officer used deadly force against a fleeing suspect.
Issue: Whether deadly force was justified.
Judgment: Deadly force is only justified if the suspect poses an imminent threat of serious injury or death to the officer or others. Using deadly force to prevent escape alone is not justified.
Principle: The "fleeing felon rule" is limited by the requirement that the suspect be dangerous.
Summary of Legal Principles from Case Law
| Principle | Explanation |
|---|---|
| Objective Reasonableness | Police use of force judged from perspective of reasonable officer at the scene. |
| Necessity and Proportionality | Force must be necessary and proportionate to the threat. |
| Use of Deadly Force | Justified only when there is an imminent threat to life or serious injury. |
| Alternative Measures | Officers must consider non-violent options before using force. |
| Accountability | Excessive or unlawful force can lead to criminal liability. |
Criminal Accountability
When police use excessive or unlawful force, they may face charges such as:
Assault or battery,
Manslaughter or murder (if death results),
Official misconduct,
Civil rights violations.
Courts analyze:
Whether the officer’s actions were reasonable,
The context and danger posed,
Whether policies or laws were violated.
Final Thoughts
Police use of force is a delicate balance between enforcing the law and respecting human rights. Case law shows courts emphasize objective reasonableness, necessity, and proportionality, and they hold officers accountable when these standards are breached.
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