The Impact of Police Pursuits on Public Safety and Sovereignty - Essay Example

Police Pursuits Introduction: The impact of police pursuits on Public Safety and Sovereignty The role of the police force in maintaining Law and Order in many countries has grown very much, as the crimes and malpractices have increased a lot lately. The police have to assume greater responsibility, show more commitment and efficiency to meet the need of the times. Police pursuits have become very common nowadays and the challenges and problems connected with police pursuits are many and varied.” Traffic Stops are never routine, but when they involve members of extremists groups, they could prove deadly” (Cutler, Stephen, 1999, Vol.68, No.12). The gross misuse by the police and the inability to control pursuits resulting in problems to the public have become a common phenomena and it is high time that clearcut tactics, legislation and policies are formulated and executed in this regard. The question is whether the police pursuits add to public security or public misery. The moral question is whether the benefits derived from a successful chase would compensate for the concomitant risk to public health and safety. Legal aspects impinging police pursuits Lack of applicable standards to decide whether the police pursuit was for the right cause or to prove that the police officers have not shown any neglect of duty of care is the major drawback related to police pursuits. The policy pursuits very often result in liabilities for accidents, or litigation for injury to personal and property. Viola king in this regard remarks that “...officer liability in police pursuits arises only when the police vehicle actually impacts the other vehicles.” (King, Viola.) Thus, it is clear that the police do not have to take the liability for any accidents which are not directly caused due to their pursuits. But the officers have to be judicious enough to decide and employ high speed chases only when it is necessary. If the police ask a speeding car to stop and it doesn’t, it is well within the officer’s jurisdiction to pursue it. The high rate of crashes, injuries and deaths during police pursuits has not set a positive note for the department from the public. In a survey conducted by John Hill, it was found that, by and large, the public did not want to be passerby during high speed pursuits. Although 58 % of them felt that it was morally right for the officer to stop a speeding vehicle, and if the vehicle did not stop, it was well within their right to chase it. But when the question came as to whether the officer was justified in hot pursuit if it involved danger to public health and safety, the proportion who justified police pursuit, dropped from over 58 % to just 29%. (Karen, J. Kruger, J D., & Nicholas, G. Valltos, M A. 2002). The guidelines and policies of the Police Department are vague and this keeps a dedicated officer in a dilemma, unable to discern which of his actions would invite disciplinary actions from the department or litigation from the sufferers. “When this situation occurs, officers are put in the position of either deciding never to pursue, or of violating the policy statements of the department. Neither of these alternatives is satisfactory, and both present different types of risk for the agency. Failing to pursue violators could give rise to charges of failure to perform the mission of the department, while violation of department’s policies subjects the officer to disciplinary action and the department to potential litigation.” (Steve Ashley). In order to avoid this situation, the officers are to be provided with greater freedom while measures are taken to make sure that they do not misuse their power and assigned role. The tendency of the officers being criminally prosecuted for any cases related to crashes or accidents while chasing, shouldn’t be encouraged. System that reinforces organized crime Accidents and incidents that cause threat even to the common public are liable to occur during police pursuits especially during motor vehicle chases. The inebriated drivers, social anarchists, criminals and even personalities with political power, cause a lot of troubles to traffic and to the general public. At times, the police have to undertake interjurisdictional pursuits. The laws and pursuit policies regarding these chases are to be made clearer and stronger and a mutually connected network system is an essential pre-requisite for better efficiency and positive results in pursuit cases. At times, it so happens that the violators network system proves to be more focused and efficient and as a result, the pursuits made by the police force become futile attempts. Circumstances warranting police pursuits - Termination The question that now arises is how justifiable police pursuits are, and under what circumstances could ‘hot chases’ be warranted. It would depend largely on the circumstances of the case and the severity of the offence commited. A simple traffic violation does not justify a pursuit that could be offered for a fugitive escaping from jail, or a mass murderer on the run. However much the circumstances would offer to an upright and responsible police officer to take the law into his own hands while dealing with fugitive criminals, he also has to consider the social and ethical aspects also. If the chase is ordered endangering public life, it needs to be reconsidered: “Research indicates that too many restraints placed on the police regarding pursuits can put the public at risk.” (Hill, John, 2002). The aspect of control also comes into play. How much control must be exercised by a police officer while giving chase and when should he terminate the pursuit? Termination is a safe and viable option in many cases of pursuits. For one thing, termination reduces the risk of endangering innocent lives and property and also dispels the notion of a police officer becoming a horrifying figure. Mostly the criminals were interested more in their own safety, than the safety of people and property around the scene of the pursuit. Since the transgressors do not have any respect for public lives and property, it has become essential that the police force should have these concerns in ample measure. Termination of the chase, in a way, signifies temporary acceptance of defeat by the upholder of the law, and in a way, justifies the actions of the criminals. On the one hand we have the duty of the police force to pursue crime and criminals at all costs, and on the other, the effects of their actions on the community and their own personal lives. Ruthless police pursuits of criminals could affect the lives of innocent bystanders and other motorists driving on either side of the roads. Under very conservative estimates, it is believed that around 2500 people are killed and around 55,000 are injured due to accidents occurring due to police pursuits. (Hill, John, 2002). Technological Methods of curbing Offenders By far, the most safest method is that of suspending the pursuit at least temporarily. Since this may not be advisable always, the law had increased the usage of electronic gadgets that could arrest the flight of the speeding vehicles by the use of spiked strips, Radar warning system and Ultra sound device that shoots up microwave energy that incapacitates the functioning of the electronic engine of the errant vehicles and gives scope for its capture. The use of helicopters is proved to be an efficient way of police pursuit, since it serves the dual role of easing pressure on the police pursuits on the roads below, and also is in a good position to pursue the errant vehicles without public endangerment. Helicopters could also traverse in mountainous and otherwise inaccessible regions to capture criminals, which may not always be possible for motor vehicle pursuits. Non- Technological Supremacy to tackle offenders The big advantage that could be combined with use of deterrent technology is the high skill and training levels of combat police force that need to resort to police pursuits on the basis of split second alacrity, judgment and mental skills. The decision to pursue or not is best left to the concerned officers but they have to decide whether it is needed or not in the present circumstances. To sum up, the factors that come into play during police pursuits are: a) Endangering public safety, b) Endangering public property and public services, c) Fear of crash of the errant vehicle(s), d) Fear of accidents of the police vehicles, e) Whether the act of pursuit constituted an authorized act or would be one which could be subsequently justified to the administration, and f) Whether it is really necessary and why. The public should provide ample support to the undertakings of the police force.” In the Smith v. Freland case, the Court even went on to say, "We must avoid substituting our personal notions of proper police procedure for the instantaneous decision of the officer at the scene. We must never allow the theoretical, sanitized world of our imagination to replace the dangerous and complex world that policemen face every day." (Montgomery, Dan, 2004). Conclusion The police patrol needs to ponder about all the above forces from time to time and not necessarily when an execution of a police pursuit order has to be enforced. Therefore, the need of the hour is to formulate a set of policies within the system to enforce police pursuits: “Perhaps the most important aspect of a pursuit policy is training. Training must include not only high speed driving techniques, but also teaching all the elements of the pursuit policy and documenting the evaluation of each officer’s knowledge” (Jonathan Woods). These set of policies could serve as guidelines for the future and could also channelize the resources needed for police pursuits along the desired lines. It is believed that with the necessary pursuit training guidelines and its implementations, a lot of unwanted police pursuits could be avoided in future and the necessary energies of the police force could be utilized for guarding human lives and properties for the common good of the citizens. Thus, the very purpose of police pursuit management would be best served. Works Cited Montgomery, Dan. (Aug. 2004). Understanding the Police Use of Force. West Minister Colorado. Retrieved June 11, 2007, from http://www.ci.westminster.co.us/res/ps/pd/topics_pdforce.htm Woods, Jonathan. Evaluating Police Pursuit Policies. Loss Bulletin. Oklahoma Municipal Assurance Group. Retrieved June 11, 2007, from http://www.omag.org/vertical/Sites/%7BA236071B-1605-46C2-93BA-811B45275272%7D/uploads/%7B31286CC3-435B-43B4-A81A-EFB0F00E1FBB%7D.PDF Hill, John. (Jul. 2002). High Speed Police Pursuits: Dangers, Dynamics & Risk Reduction. Real Police Law Enforcement Resource. Retrieved June 11, 2007, from http://www.realpolice.net/police-pursuits.shtml Ashley, Steve. Reducing the Risks of Police Pursuits. The Public Policy Studies Council. Live Search. Retrieved June 11, 2007, from www.theppsc.org/Staff_Views/Ashley/reducing_the_risks_of_police_pursuit.htm King, Viola. Robinso V City of Detroit: When does liability attach in police pursuits? School News-Law Review. Cutler, Stephen. (Dec 1999). Building International Cases: Tools for successful Investigation: Federal Bureau of Investigation. Vol.68. No.12. Karen, J. Kruger, J D., & Nicholas, G. Valltos, M A. (Jul. 2002). Dealing with Domestic Violence in Law Enforcement Relationships. Vol 71. No 7. Law Enforcement Bulletin. Retrieved June 11, 2007, from http://www.fbi.gov/publications/leb/2002/july02leb.pdf Read More