Protecting Lives: Establishing a Fitting Legal Framework on Force by Law Enforcement Agents - Research Paper

Introduction

The right to secure living can only be improved if a fitting legal framework is established on the use of force by law enforcement agents. The legal framework should aim at outlining the conditions by which an officer can use force, a structure that is responsible and accountable. Often, the precise relevance of applied law arises from the fact that legislation on gun usage by law enforcement officers are the first defense mechanism when it comes to protecting life, especially in situations that involve violation. Gross (2015, p. 155) argued that local and national legislations play a critical part in defining how law enforcement agents and citizens understand the powers held by law enforcement agents, especially on accountability. Thus, it is essential to ensure that laws regulating the use of force are clearly outlined to prevent further loss of life. Often investigation into the deadly use of force paint different pictures on lethal use of force due to a large number of people involved. The investigation that takes place after a deadly force situation proves if the officer was in the right or not.

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The use of deadly force by law enforcement agents is only justified in a case where it is indispensable and relies on the entirety of the prevailing circumstances. As the basis of the norm, the use of deadly force can only be used under four critical situations, and when the officer in charge is convinced beyond a reasonable doubt that 1. Dunham, & Petersen (2017, p. 134) maintained that it is the only way of defense against an imminent threat to life or in a situation where there could be severe harm to the agent or a third party, 2. To arrest a wrongdoer whose action has led to the death of someone or severe injury that the officer believes is life-threatening. In this case, the officer believes that the use of deadly force is mandatory to stop any further loss of lives.

The investigation, of the above circumstances, requires the definition of "deadly force" within the context of use of force. In this case, the inquiry will outline dead force as that force that leads to or causes considerable threat of leading to loss of life or lives or severe injury to those nearby. According to White (2016, 234)) the investigation must also put into consideration the precise discharge of the gun used as a cause to identify the "forceful" aspect of the force.

The investigation will also outline the "necessary" element that the agent presumed before defending against looming threat or severe bodily harm. Miller (2019, p. 364) argued that necessary will also describe the need to stop or arrest the escaping individual who resulted in the injury or death of the presumed person. In this case, the investigation must ascertain that the fleeing individual had the intent or could have caused further bodily harm or death. Lastly, while determining the level and extent of the looming risk or severe physical injury, it is essential to decide on the level of threat based on the situation with the agent believing that the individual had the intent, opportunity, and ability to immediately affect harm or death (Gross, 2015, p. 155). The whole circumstance will point to all the facts that entail the officer's behavior and the suspect's behavior leading to the application of deadly force.

Investigation unearthing all the facts of use of deadly force must ascertain the officer's behavior before and at the time of the incident. The effects and features will then be compared with a reasonable agent in the same circumstances. The comparison is meant to assess whether the application of lethal force was warranted (Kreuzer, 2018, p. 284). The investigation into the whole incident leading up to the act should not be leveled against the advantage of retrospection. Before the use of deadly force, an officer is always reminded to try and de-escalate the situation by all means in the case it is reasonably feasible and safe before deciding to apply deadly force (Maguire, Nix &Campbell, 2017, p. 739). The investigation must also prove that the officer identified himself/herself as a law enforcement officer and should not assume that the person in the line of fire is aware of such. However, the law enforcement officers always remind mindful of the fact that they have substantial limits in the application of force, and in the case of applying force; it must be the last critical decision.

Thorough Investigations

It is mandatory for any application of force to involve an in-depth and complete review to ascertain compliance with established policies and law. Appropriate investigation framework and procedure is highly required to get into the very basics of the circumstance and how the entire force was used (Fridel, Sheppard & Zimmerman, 2019, p. 136). Determining the particulars and realities behind the actions is not only important; it should form the core of such an investigation. Investigating the use of force should not entail a trial and error or lopsided analysis (Gross, 2015, p. 155). There are essential procedures and requirements prescribed by local and state laws that can sidestep critical elements of an investigation. At the same time, there exist numerous onlookers, who have a high stake in getting to the bottom of such an investigation and what it uncovers.

Fact Collection

Firstly, investigating a law enforcement officer cannot and should not entail a brush-off or an ad hoc procedure. The investigating team needs to have well-documented processes that include identifying the place and the various supervisors and experts involved in the entire investigation. The documentations play a critical role in guiding the course of the investigation (Dunham, & Petersen, 2017, p. 134). Relevant agencies who must also join the investigating team including but not limited to a multi-agency with interest in law enforcement shooting and a medical examiner. The officers senior will be the first one at the scene and must partake in the entire process of investigation.

Permissible Necessities

Law enforcement officers have the same right as other individuals. Bueno, De Lima & Teixeira (2019, p. 779) argued that these mainly constitute constitutional protections such as the right to a lawyer and the right not to expose oneself. An investigation that involves the deadly use of force and that results in death or severe harm need to have discrete analysis that runs at the same time; one that will include if the officer went by the outlined policies before or during the application of force and another analysis/investigation is to evaluate if the law enforcement officer behaved unlawfully and his or her actions led to a criminal violation. The two resulting results should then be shared among and with other inner members of the investigation team.

Integrity Audience and Organization

Multiple parties can have interests in the circumstances, information leading to the deadly use of force and those interested in any violation committed. Many other agencies may also find the facts and circumstances critical for the various aspects of developing training processes. Outside the law enforcement unit, criminal justice groupings may take the opportunity to analyze the developing facts. For example, the prosecutor will have to involve in the entire investigation in liaise with the federal or state prosecutors.

The Role of the Community

Minority members of the community have a vital role in such investigations, primarily to ensure the accountability and integrity of law enforcement agencies. In many ways, they can provide significant assistance to the investigating team following the incidence while at the same time, monitoring the entire investigation. However, Maguire (2017, p. 680) maintained that the role of the community has often raised serious questions on their impartiality and understanding of the legal processes of such an investigation. In many ways, their involvement is critical but, at times, complicates investigations, especially in situations that they go public with their observations (White, 2016, p. 228). It is often recommendable that in the case of controversial deadly use of force, the community needs to pay more considerable attention to the practical and legally realistic solution. In many instances, controversial positioning leads to untimely unreasonable remedies such as agitating for the indictment of the agent or calling for the resignation of the departmental police boss.

It is often critical to take a sensible approach that may help in outlining the practical sequence of actions that led to the use of deadly force and the people engaged in the entire incident. The primary reason for such evaluation is to point out the right or wrong act(s) from the community's perspective in addition to coming up with realistic solutions that will remedy inadequate verdicts and avert future legal challenges (Jennings, Hollis & Fernandez, 2019, p. 6). The approach provides law enforcement officers to come up with practical and implementable solutions. If approached poorly, the entire incident will not only set an unfortunate trend but will also complicate the relationship between the law enforcement agents and the community.

Conclusion

A law enforcement officer is guilty or not after the use of force. However, investigations into the whole incident will focus on finding out the circumstances that surround the use of force. Often, police officers put their lives at risk in trying to calm down a dangerous criminal. The knowledge and awareness of the impending danger are usually enough to prompt the use of force or otherwise. At the same time, a wrong-doers response and behavior may prompt a law enforcement officer to use force in fear of death or severe harm to those close in the vicinity. It is thus paramount that after the entire incident, an investigation should focus on the environment, the behavior of the police officer, and the response of the wrong-doer whose actions could have triggered off or pushed the officer to use brutal force. One of the essential things during investigations is to ascertain that the police officer put in place all factors before deciding to apply brutal force. At the same time, the assumption in an inquiry may point to the probability that the offender had put the lives of others at significant risk prompting the officer to neutralize him or her.

It is only investigations after the use of deadly force that can prove is a police officer is right or wrong. There occur numerous actions and decisions before a police officer resolves to use force. Since the officer understands the policies and regulations governing the use of deadly force, the investigation will investigate him or her as a potential criminal. The situation thus calls for an impartial investigation that looks into the issues and events leading to the use of force. Only careful analysis and evaluation will determine if the police officer is right or wrong. With increased cases of police killings, a thorough and analytical investigation is the only sure way that can provide the right solution and point to the one on the wrong.

References

Bueno, S., De Lima, R. S., & Teixeira, M. A. C. (2019). Police use of deadly force in the State of Sao Paulo. Aquatic Mammals, 45(6), 783-799. Retrieved from https://search.proquest.com/openview/1b412a78653382ffe72ad9bf241c2ee2/1?pq-origsite=gscholar&cbl=38594.

Dunham, R. G., & Petersen, N. (2017). Making black lives matter: Evidence-based policies for reducing police bias in the use of deadly force. Criminology & Pub. Pol'y, 16, 341. Retrieved from https://www.researchgate.net/publication/313447006_Making_Black_Lives_Matter_Evidence-Based_Policies_for_Reducing_Police_Bias_in_the_Use_of_Deadly_Force.

Fridel, E. E., Shepp...