The Use of Force and Breakage of Law - Thesis Example

New Jersey Use of Force Policy New Jersey Use of Force Policy Introduction The Attorney General’s policy on the use of force resulted from communal judgment and efforts of the New Jersey Use of Force Advisory Committee (Attorney General, 2000). The critical areas of law enforcement and the importance of the policy on the citizens and law officers in the state motivated this policy. The advisory committee acknowledged that the law could not accomplish the intended goal or purpose of properly guiding police on force. The law required supplementation with clear and elaborate policies and guidelines designed to prepare law enforcement agents to act and react appropriately in case they face situations that require the use of force (Attorney General, 2000). It is essential to highlight the legal sufficiency and procedures for the policy, in addition to identifying the disadvantages and strengths of this policy. It is also essential to provide suggestions for the improvement of the policy, and the association of the policy to the less-than-lethal technologies. Economy and technology constantly influence law enforcement agencies and the criminal justice systems. Technology shapes the police system in numerous ways. For instance, current law enforcement agencies have immense technological equipments at their disposal for using in the implementation of the force policy. Police officers have electronic databases that can enable them survey crime prone areas and determine the extent of force to use in the different crime regions. The economy influences the crime and policing through the provision of adequate salaries to officers (Burns, 2009). In addition, the economy can lead to the occurrence of different crimes because of its state. The economy can also facilitate or deprive the law enforcement agencies vital crime fighting equipments such as vehicles and computers. Legal Sufficiency and Procedures According to the policy, any sworn law enforcement agent has the extraordinary authority or capability to use force, whenever necessary with the sole aim of ensuring the accomplishment of law enforcement. Additionally, the use of force is only acceptable in case the agent wishes to accomplish lawful ends. This authority is based on the responsibility of the law agent to conform with the requirements and laws of New Jersey concerning the application of force (Attorney General, 2000). Additionally, the officer is required to comply with the provisions of the policy. Most importantly, it is crucial to prepare law officers and agents concerning ways and strategies for exercising this authority. In cases where the law enforcement officer is justified to apply the policy, the officer should ensure maximum restraint. This means that the officer should not consider force on routine basis. The officer should focus on principles that the level or degree of force should be of reasonably necessity (Attorney General, 2000). This implies that the officer should seek other means of law enforcement and exhaust these realistic means prior to resorting to force. Use of force is acceptable under objective necessity and reason. The policy reinforces the duty and responsibility of officers to monitor application of force. This means that officers should have the capabilities and ethical standings that can stop inappropriate, illegal or excessive use of force by their colleagues. The officers should take required and expected processes where they are convinced that their colleague is violating the provisions of the state law while using force. The officer should also report all situations where force is applied illegally by anybody within the law enforcement agency. Though the policy advocates for the use of force, it sends a clear message that officers share an obligation because they should ensure the application of the policy does not go further than the needs of the state law (Attorney General, 2000). This means that the officer has a responsibility of ensuring an interruption of events before their colleague commit an illegal action. Law enforcement agents can serve the forces and public appropriately by saying or doing the required things in order to prevent their colleagues from using force inappropriately or illegally. Strengths and Weaknesses of the Policy The potency of the strategy lay on its capabilities to allow officers to use force in order to protect citizens and themselves while on duty. The policy ensures that the officer protects their colleague while on duty. Most importantly, the policy gives law enforcement agents responsibility of monitoring their colleagues to ensure appropriate use of force. This means that the policy does not require the supervising head or authority to monitor the application of force, in law enforcement (Barker, 2011). As a result, the policy to some degree eliminates vicarious liability. The policy also has elaborate definitions and approaches to ensure the elimination of overlap and inappropriate application. Additionally, officers are required to report any instance of excessive, unsuitable and illegal submission of force. The policy only requires officer to use force in instances where they have exhausted other appropriate means for achieving law enforcement (Attorney General, 2000). Additionally, the policy requires officers to undergo appropriate and enough training on force and approaches for deciding when and how to use force. The weaknesses of the law are the lack of a concrete framework for deciding when to use force (Barker, 2011). Additionally, the policy immensely relies on human discretion and responsibility, which usually fails, leading to unsuitable application of force. This may also lead to unaccountability within the law agency. For instance, the policy has led to the establishment of the less-than-lethal techniques of law enforcement (Walker, 2005). The law requires law enforcement agents and officers to ensure appropriate exercise of discretion. Appropriate exercise of prudence differs according to the perceptions and understanding of people (Attorney General, 2000). It is essential to note that the requirement for the use of force occurs rapidly in an extremely unpredictable and difficult situation. The policy does not emphasize on ethics, but on judgment, which may fail. Suggestions for Improvement The policy should have an effective and efficient framework that will guide in decision-making and judgment. In addition, the policy should be based on ethics and moral understanding of situations. Instead of training on how to use force, the policy should target on strategies for ethical decision making in order to ensure appropriate application of the policy (Walker, 2005). In its current state, the carefulness of law enforcement agents cannot be trusted during decision making on the use of force (Attorney General, 2000). This is because the officer may exaggerate the situation, which may lead to inappropriate actions. In addition, the policy should have a well-structured monitoring, surveillance and reporting system. Changing social factors are influenced by prominent factors such as economy, demographics, technology and crime related issues. These factors have crucially changed the police force and law enforcement agencies. Demographics change policing through the requirements of the different demographic groups in society. For instance, young adults and juveniles have different rates for crime. Increased juvenile crime rates should focus the police to acquire technological means for deterring their criminal activities. In this case, instead of using the force policy, the police can use surveillance and monitoring systems towards the juveniles with high risks of committing crime (Burns, 2009). This will assist the law enforcement agencies in surveying and instantly recognizing the perpetrators of crime. This information might influence the police not to apply the force policy because he knows the perpetrator. Less-Than-Lethal Technologies This technology is an essential tool for the use of force during law enforcement. This will help in enhancing the safety of the officer and criminal in case the officer is compelled to use force. This is a crucial tool in preventing harm to the criminal or law breaking person. This will stun or incapacitate the individual, temporarily, without causing internal injury to the person (Milgram, 2008). Conclusion The use of force is a strategy for deterring an individual from causing harm to others or themselves. It is critical to note that before the officer or agent decides to use force, they must be in a stable position to determine the extent of risk for the continued breakage of law. This policy depends on the discretion of the agent and it requires other personnel to monitor and report their colleagues in case of illegal or excessive use of force. Improvements to this policy should be based on ethical and moral requirements of law enforcement and the development of a surveillance and monitoring framework for ensuring appropriate use of force. Other approaches to this policy include the use of less-than-lethal means for incapacitating or stunning the lawbreaker (Milgram, 2008). References Attorney General. (2000). Attorney general’s use of force policy. Use of force. Page 1-10. Barker, T. (2011). Police ethics: Crisis in law enforcement. Springfield, Ill: Chares C. Thomas. Burns, R. (2009). Critical Issues in Criminal Justice. Texas Christian University. Prentice Hall. First Edition. Milgram, A. (2008). Attorney General Issues Supplemental Policy On Less-Lethal Ammunition- Policy Follows Recommendations From Advisory Group. Department Of Law and Public Safety. Office of the Attorney General. Page 1. Retrieved From http://www.nj.gov/oag/newsreleases08/pr20080324a.html Walker, S. (2005). The new world of police accountability. Thousand Oaks, Calif: Sage. Read More