Retrieved from https://studentshare.org/law/1481757-use-of-deadly-force
https://studentshare.org/law/1481757-use-of-deadly-force.
Running Head: USE OF DEADLY FORCE Use of Deadly Force The use of various types of force has always been anessential part of police. The difference between the use of justified, a legal force and illegal force has always raises several situations in legal, moral and social context. The police are given extensive legal powers to serve and protect the public and enforcing the law. (Chappell, 2013, p.153) The main part of the research is to show how policing will involve the deviation in the use of deadly force and the exercise of judgment in various part of the world over the centuries.
Work of police throughout the world features as power, risk and the mandate to use deadly force that cannot be negotiated with anyone from any context. As the governmental law enforcement agency, police are said to be the “thin blue line” that separates anarchy from order. Appropriate implementation of use of force by police is important not only to maintain law and order of the state but also make public perception, attitude and behavior towards the police and the government (Belur, 2010, p.1). This research topic will be based on the police use of deadly force in from different parts of the world.
Taking few real life examples from the city of Mumbai, India, issues of police violence in Latin America, Caribbean and South Africa are more or less similar to that of India. There is general ground of colonial imperialism, a cultural violence, economical conditions, cast and creed differentiation, class inequalities and poverty among all these countries. Police use of deadly force in Mumbai, India by the means of encounters is confined as a special case. It has been identified that Mumbai police branch is always famous for their encounter specialist.
They use this power not only as an act of police to judge, jury and execute by deciding something to do with the increasing crime problem to eliminate the criminals, but they get all support from the general public, political leaders and media as well to take such actions. The studies shows that the cities from different other part of the world like Guyana, Jamaica, Argentina and Brazil also perform such actions in certain situations. It has been found that evolution that has taken place everywhere in terms of globalization, industrialization, rapid urbanization , democratic elections, affects of colonialism and serious issues of increasing crime provoked the police for taking such immediate actions.
However it has been claimed that unavailability of proper data has resulted for the police organizations to use such strong and ruthless power specially against those who are socially misbalanced, ethnically and politically disadvantaged groups harming common people and remaining moderately unfamiliar. In the Mumbai context here the encounter specialist are said to have celebrity status and accepted socially and they even have been encouraged violence to do such things (Belur, 2010, p.1). It has been found that there is quite similarity in the functional of the Los Angeles Police Department (LAPD) and Mumbai police department in terms of encounters or using firearms as a deadly force.
Taking example of an incident where account reached 28 dead and 27 wounded in 45 separate shooting incidents. The target of this squad were said to be robbers and burglars who ha d no defenders in the public. After tallying with the forensic evidence the excessive use of lethal force and weapons, other missing communications etc. point out that the main intensions of the officers of this unit were to eliminate the suspects from the very beginning and to cover up their mistakes in such gruesome operations.
Just as LAPD it is found that no officers in Mumbai had been criminally convicted encounters. Though there are similarities between Mumbai police and LAPD, few differences also have been identified. US based usually targets victims belonging to distinct ethnic minority or lower class or racial discriminations. Thus in Los Angeles the violence has not been proportionate to the Mumbai context. In India because of the large population though the racial characteristics are undistinguishable but there are divisions in religion, caste and region.
In such context it is difficult to arrive to any general conclusion about the religious affiliations or social status (Belur, 2010, p.1). Now coming to the English common law, under the Police Act of 1957 after amendment were made applicable to the members of Guyana police force. Here it is explained that as long as a member of the Force continues to be the member should be engraved with all rights, powers, authorities, privileges and immunities and must be responsible to all such duties, responsibilities and penalties.
As a member of the Force they should be liable to the common law or by virtue of any law which will be in force in Guyana. The use of deadly force by police under the English common law is justifiable where the conduct of victim involves an attempt to commit an offense against a person, against property or against the society as a whole. The use of deadly force in such context is never valid in order to affect the arrest of anyone or someone who might not have committed any serious crime (Mars, 2002, p.119). They have mentioned that human life is valuable so in terms of petty cases it is justified to use deadly force.
From the research topic the point which is important to notice here is, whether the use of deadly force by the police is ethical in terms of society and culture. It is need to know, how and in what aspect they are using this deadly powers. So it is to be understood from the above explained scenario that though there is need of forces and power to allocate in terms of law and order to act against the evil by the police, but the power should not be misused in terms of personal grudge or illegal terms.
Apart from that if any power said to harm common people then it will be regarded as crime, and strict action should be taken against them who are conducting such crimes. Law and order should be maintained to help the common people and in respect of police to use deadly force as well. References Belur, J, (2010) Permission to Shoot? Police Use of Deadly Force in Democratic. London: Springer. Chappell, D (2013) Policing and the Mentally Ill. The United States of America: CRC Press Mars, J.R (2002) Deadly Force, Colonialism, And The Rule of Law.
The United States of America: Greenwood press.
Read More