The justification of the use of force by police officers
A controversial issue today in the American legal system is the justification of the use of force by police officers, given the actions and conduct of citizens. In this assignment, you will explore the requirements for use of force, constitutional rights pursuant to the Bill of Rights when it comes to free speech, and criminal defenses justifying actions.
Instructions
Write a 2–3-page paper in which you:
Specify the key requirements for police officers in determining the lawfulness of the use of force in making an arrest and what is meant by “reasonableness.”
Evaluate how free speech rights clash with the rights of others and the need for public order today.
Argue for or against the regulation of the First Amendment when it comes to speech that could or might incite “imminent lawless action or conduct.”
Analyze the defenses within today’s criminal law system.
Evaluate the fairness of the common law defense of necessity when citizens use deadly force.
Use at least three sources to support your writing. Choose sources that are credible, relevant, and appropriate.
When they are making an arrest, the police can use reasonable force to overcome force used by the person to resist arrest. When determining whether or not to apply any level of force and evaluating whether an officer has used reasonable force, a number of factors should be taken into consideration. These factors include, but are not limited to: the conduct of the individual being confronted (as reasonably perceived by the officer at the time); officer/subject factors (age, size, relative strength, skill level, injury/exhaustion and number of officers versus subjects); influence of drugs/alcohol; proximity of weapons; and the degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained.
