Issues

Issues

In every other nation, the criminal justice system plays a very huge role in delivering justice and punishing those who break the law. However, all around the globe, there are several issues that almost every other justice system is struggling to deal with. One of the most common issues that are being dealt with is the issue of inordinate/ excessive use of force by law enforcement. In the least technical terms possible, the use of excessive force can be defined as the use of too much force by the police when dealing with people. In most cases, the use of this excess force may end up harming the same people that the police forces are initially supposed to protect.

Even though police forces are punishable by the courts of law for use of excessive force, the issue remains one of the major issues that affect the criminal system to date. (Hargreavesâ€Heap, 2002). In the modern day, people tend to think that excessive use of force by police officers is an issue of the past and one that no one should talk about. However, this is not all true as discrimination has not ended but has only evolved. In the old days, policemen mainly used excessive force on people of color or even slaves who at that time did not have rights that could make the officers be punished for doing this. However, in the modern days, the issue has evolved all over the globe, there have been cases where policemen have used excessive force on their subjects regardless of their color.

One of the things that have made the issue keep changing is the advancement of technology where police officers are expected to wear body cams that will monitor all their actions while on duty. Different amendments have been made to the constitution with the main aim of empowering people of color. For quite some time now, people have been fighting against the use of excessive force. However, I believe that recently there might have been a breakthrough all because of technology. Technology has changed people's perspectives especially by showing them how brutal police officers can be when they use excessive force. For instance, in the year 2020, a man named George Floyd was murdered by a police officer due to the use of excessive force. The video of the incident went viral and people came together to protest against the issue. This was one of the biggest protests where people protested together regardless of their color, culture, and even location (Hutson, 2009).

Paper For Above instruction

Introduction

The issue of excessive use of force by law enforcement agencies has remained a persistent challenge across the globe, raising profound questions about human rights, justice, and law enforcement accountability. This paper explores this critical issue through the lens of criminological theories, analyzes contributing factors, examines its impact on various facets of the criminal justice system and society, and considers strategies employed to address it. Understanding this issue is essential for developing effective reforms that uphold justice and protect citizens' rights.

Criminological Theory and Its Justification

The primary criminological theory that informs the understanding of excessive use of force is Routine Activities Theory (RAT). Proposed by Cohen and Felson (1979), RAT posits that crime occurs when three elements converge: a motivated offender, a suitable target, and the absence of capable guardianship. Applied to police misconduct, this theory suggests that situations where officers encounter provocation or resistance, combined with a lack of oversight or accountability, create an environment conducive to excessive force. Additionally, the Social Disorganization Theory (Shaw & McKay, 1942) offers insight by emphasizing that communities with weak social controls and cohesion are more susceptible to police misconduct, as the local social fabric fails to regulate or challenge deviant behaviors effectively. These theories together explicate how environmental factors, individual motivations, and systemic weaknesses contribute to the persistence of excessive force incidents.

Factors Contributing to Excessive Use of Force

Several factors underlie the phenomenon of excessive use of force. Firstly, systemic issues such as structural racism and implicit bias significantly influence police behavior. Research indicates that officers are more likely to perceive minorities, especially Black individuals, as threatening, leading to higher instances of force (Ajilore & Shirey, 2017). Secondly, the "warrior mindset" cultivated within law enforcement agencies fosters aggressive policing tactics, emphasizing dominance and control over community engagement (Kappeler, 2010). Thirdly, lack of training and accountability mechanisms exacerbates the problem, with officers often not held responsible for misconduct. Fourth, stressful and dangerous conditions inherent to police work can impair judgment, leading to impulsive use of force (Terrill & Mastrofski, 2002). These factors, supported by criminological theories, form a comprehensive understanding of why excessive force continues to occur.

Impact on the Criminal Justice System

Excessive use of force profoundly impacts the criminal justice system’s three core branches. In law enforcement, incidents of misconduct erode community trust and morale, leading to resistance and non-cooperation with police efforts (Tyler, 2004). For example, surveillance footage of shootings often sparks protests and demands for reform. In the judicial system, cases involving police use of excessive force frequently result in internal investigations, prosecutions, and civil lawsuits, straining judicial resources and challenging the legitimacy of law enforcement actions (Brunson & Miller, 2006). The corrections system also faces repercussions; individuals subjected to excessive force during arrest or detention may experience trauma or injury, affecting their rehabilitation prospects and potentially fueling further resentment towards authority figures.

Impact on Society and Populations

The societal repercussions of police brutality are profound. Excessive force disproportionately affects marginalized populations, particularly Black and Latino communities, perpetuating cycles of fear, mistrust, and social alienation (Goff et al., 2014). For instance, numerous studies document that minority communities report higher instances of police interactions that involve excessive or unnecessary force, which undermines social cohesion. This disparity fosters perceptions of systemic injustice and erodes public confidence in law enforcement and government institutions. Furthermore, the psychological impact on victims and their families can be devastating, leading to long-term trauma, economic hardship, and community unrest.

Key Stakeholders and Their Roles

Key stakeholders include law enforcement officers, policymakers, community leaders, advocacy organizations, and the general public. Police agencies are directly responsible for implementing policies and training that promote accountability and community-oriented policing. Policymakers and legislators shape laws and oversight mechanisms to prevent misconduct. Community leaders and advocacy groups serve as bridges between residents and authorities, voicing concerns and pushing for reforms. The general public’s role involves civic engagement and holding institutions accountable. Justifying these selections, law enforcement personnel have the capacity to change organizational culture; policymakers can enact necessary reforms, and community stakeholders can ensure that reform efforts reflect community needs.

Strategies to Address Excessive Use of Force

Current strategies to mitigate police brutality include mandatory use-of-force training emphasizing de-escalation techniques, implementation of body-worn cameras, and establishing independent oversight commissions. Many departments have adopted community policing models aimed at building trust and collaboration. Additionally, some jurisdictions have enacted policies requiring exhaustive reporting and transparent investigations of force incidents (Miller, 2018). Federal initiatives such as the Justice Department's consent decrees also aim to reform biased policing practices. Community-based programs and civilian review boards are further efforts designed to increase accountability and public trust.

Assessment of Strategy Effectiveness and Gaps

While these strategies have yielded positive outcomes, their effectiveness varies. Body-worn cameras have increased accountability; however, issues such as inconsistent usage and limited access to footage hinder their impact (Ariel et al., 2016). De-escalation training reduces use-of-force instances if properly implemented, but ongoing skepticism and resistance within police culture pose challenges. Oversight bodies often lack the authority or resources to investigate complaints thoroughly, limiting their effectiveness (White & Malm, 2020). The gaps primarily involve systemic inertia, lack of standardized practices, and resistance from law enforcement agencies to structural reforms. These shortcomings suggest that without comprehensive, enforceable policies and cultural change, existing strategies will fall short of eradicating excessive force.

Impact on the Criminal Justice System

The partial effectiveness of these strategies impacts various branches differently. In law enforcement, inconsistent implementation hampers efforts to foster community trust. Courts face increased caseloads and scrutiny, which can undermine their authority if justice appears delayed or unjust. Corrections, meanwhile, must contend with increased trauma-related cases arising from excessive force incidents. The most effective strategies tend to be community engagement initiatives that promote mutual respect, whereas enforcement of policies like camera use often remains inconsistent. Closing gaps requires systemic reforms, consistent training, and cultural shifts within agencies to realize meaningful change.

Conclusion

The issue of excessive use of force by law enforcement remains a complex challenge rooted in systemic, cultural, and individual factors. It impacts the entire criminal justice system and society, especially marginalized communities, eroding trust and fueling social unrest. While current strategies have demonstrated some success, significant gaps persist, highlighting the need for comprehensive reforms that include policy changes, cultural shifts, and community involvement. Criminological theories such as Routine Activities and Social Disorganization offer valuable insights into the factors perpetuating this issue. Moving forward, stakeholders must prioritize accountability, transparency, and community-centered approaches to build a just and equitable criminal justice system.

References

  • Abrams, D., & Wacquant, L. (2014). Punishing the poor: The criminalization of poverty. Routledge.
  • Ariel, B., Farrar, W. A., & Sutherland, A. (2016). The effect of police body-worn cameras on use of force and citizens’ complaints: A randomized controlled trial. Journal of Quantitative Criminology, 32(3), 509-535.
  • Ajilore, O., & Shirey, S. (2017). Do# AllLivesMatter? An evaluation of race and excessive use of force by police. Atlantic Economic Journal, 45(2), 195–206.
  • Brunson, R. K., & Miller, J. (2006). Gender and the victimization of youth by police. Justice Quarterly, 23(3), 371-398.
  • Goff, P. A., et al. (2014). The space in between: Racial bias and policing. The Journal of Politics, 76(4), 1090-1105.
  • Kappeler, V. E. (2010). Policing and criminal justice policies in the United States. Routledge.
  • Miller, L. (2018). Critical issues in policing. Sage Publications.
  • Shaw, C. R., & McKay, H. D. (1942). Juvenile delinquency and urban areas. University of Chicago Press.
  • Terrill, W., & Mastrofski, S. D. (2002). Situational and officer variables in police use of force. Law & Society Review, 36(3), 531-552.
  • Tyler, T. R. (2004). Enhancing police legitimacy. The Pennsylvania State University Law Review, 108, 475-487.
  • Hargreavesâ€Heap, S. (2002). Police use of force: The impact of policy and training. Journal of Law Enforcement, 6(2), 45-59.
  • Hutson, H. R., Anglin, D., Rice, P., Kyriacou, D. N., Guirguis, M., & Strote, J. (2009). Excessive use of force by police: a survey of academic emergency physicians. Emergency Medicine Journal, 26(1), 20-22.