- Police investigative stops and police use of force.
- What are the issues and what changes were made because of it?
Citizens within a given jurisdiction know very little concerning the state laws and regulations as articulated in the constitution. In some cases, some find it hard to distinguish cases of robbery and burglary. That aside, the police are the ones who clearly and deeply possess the knowledge concerning constitutional laws and regulations. Therefore, their level of abiding is key in shaping the minds of average citizens.
The US Supreme Court has in several cases passed rulings in relation to police use of force and investigative stop conduction but in this case, a review of Graham, Garner and Terry court decisions is given.
Graham vs Connor: The court came up with what they referred to as “objectively reasoning standards”. In this case, they established that “the reasoning ability of use of force by a particular possible office should be judged from the perspective of a reasonable officer on the scene rather than 20/20 hindsight vision”
Tennessee vs Garner: In this case, the court ruling favored Garner in that in the case of a fleeing suspect, the officer in charge should NOT, in any case, use deadly force to flag him/her down. However, the exceptional bit puts it clear that in case an officer uses a deadly force in such occasion, he/she should give a convincing reason that displays the suspect as being harmful both to the officer and the general public. This ruling led to the revision of the Tennessee statute that allowed the use of force on fleeing suspects as well as helping in UOF policy creation.
Terry vs Ohio: The cases of public outcry concerning stop and frisk behavior had risen drastically. Citizen in the US term this practice as being illegal and should not be allowed in any way. The court, however, ruled that not unless the officer in charge gives a reliable suspicion claim basing on certain verifiable facts that the intended person has committed, is committing or is planning to commit a crime is when he/she is allowed to perform a surface search to proof whether the suspect is dangerous or not as per the claims. Under Terry, the officer has to lay down the specific facts before a search is allowed just to clear out racial-profiling claims.
Assigning police according to ethnicity/race is neither advantageous nor disadvantageous. Racial diversification is a key concept among the public. Citizens, especially in the US prefer seeing a team of mixed ethnicity officers patrolling around. Contrary, black police officers being assigned to the streets dominated black people are likely to use force in handling cases besides the respect they display plus the reliable referrals that they give to different agencies. (Ivan Sun & Brian Payne, 2004).
Sun I. & Payne B.; Study in Indianapolis (Indiana) and St. Petersburg); 2
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