Justified and excessive use of force

Textbook for the course:
Reddington, Frances P. and Gene Bonham, Jr. (2019). Flawed Criminal Justice Policies: At the Intersection of the Media, Public Fear, and Legislative Response, (2nd Ed). Durham, NC: Carolina Academic Press.

Module 2 Questions:

According to your textbook, first explain what the difference is between justified and excessive use of force? Then answer to why there is no clear and easily definable answer to what police use of force police must and should contain? Finally, explain why it is important to have a concise written police use of force policy

Full Answer Section
  • Why is there no clear and easily definable answer to what police use of force must and should contain?

There is no clear and easily definable answer to what police use of force must and should contain because the circumstances of each situation can vary so greatly. What may be considered justified use of force in one situation may be considered excessive use of force in another.

For example, an officer may be justified in using deadly force to stop an armed suspect who is actively shooting at people. However, the same officer would not be justified in using deadly force to stop a suspect who is running away from them unarmed.

The use of force is also influenced by the officer's training and experience. An officer who has been trained in de-escalation techniques may be able to resolve a situation without using force, while an officer who has not been trained in de-escalation may be more likely to use force.

  • Why is it important to have a concise written police use of force policy?

A concise written police use of force policy is important because it provides guidance to officers on when and how they can use force. It also helps to ensure that officers are held accountable for their use of force.

A good police use of force policy should be clear, concise, and easy to understand. It should also be based on the principles of proportionality, necessity, and reasonableness.

The policy should also be regularly reviewed and updated to reflect changes in the law and in policing practices.

Sample Answer
  • What is the difference between justified and excessive use of force?

Justified use of force is the use of force that is necessary and proportionate to the threat posed by the suspect. Excessive use of force is the use of force that is more than what is necessary to protect the officer or others from harm.

The difference between justified and excessive use of force can be difficult to determine, as it depends on the specific circumstances of each case. However, there are some general factors that courts consider when making this determination, such as the severity of the threat posed by the suspect, the officer's options for de-escalation, and the force used by the officer.