Assessing Use-of-Force Liability and Law Enforcement Response to the Naked Subject

2020 ◽  
Vol 20 (1) ◽  
Author(s):  
Darrell Ross ◽  
Michael Brave
Keyword(s):  
2021 ◽  
Vol 6 (2) ◽  
pp. 66-70
Author(s):  
Lisa Deveau

In this critical review and social innovation narrative, we analyze the literature regarding Canadian law enforcement agencies’ approach to de-escalation and crisis intervention. Using an interdisciplinary approach, we consider how the skills and values of social work can be used to inform and train officers on essential skills such as de-escalation and conflict resolution. We look at the systemic barriers to bringing about change within Canadian police forces as the current culture continues to be influenced by colonization and law enforcement continues to value and endorse use of force over de-escalation. While services can benefit by applying an interdisciplinary lens when training officers, the factors that impede this union and collaboration are discussed and explored as police services are given immense discretion in how they train and respond to mental health crises. In conclusion, we examine the government’s role in perpetuating these issues.


2010 ◽  
Vol 17 (7) ◽  
pp. e60-e68 ◽  
Author(s):  
Jeffrey D. Ho ◽  
Donald M. Dawes ◽  
Rebecca S. Nelson ◽  
Erik J. Lundin ◽  
Frank J. Ryan ◽  
...  
Keyword(s):  

Author(s):  
Daniel R. Brunstetter

This chapter revisits the theme of jus post vim in the non-ideal form. It begins by looking at the grey area between vim success and failure, characterized by shaky containment (the lingering doubt that the enemy is really contained) or by persistent contested order that threatens the ability of law enforcement mechanisms to uphold a minimalist view of order in certain states. Among the vim failures are the unjust escalation to war, the unfazed enemy outcome, the recurring last straw scenario, and the intractable contested and fragmented sovereignty dilemma. The chapter continues by exploring jus ex vi, or the ethical consideration of terminating the use of limited force, further to tease out what success and failure might look like. The key to defining success and knowing when to end vim operations depends on the just management of military risk principle. The chapter concludes by exploring moral options in cases of failure. Building on the observation that framing the use of force as punishment can be more restrictive than open-ended justifications based in self-defense constructed as prevention or protection against future acts of aggression, the chapter concludes by arguing states might have recourse to the punishment principles. Drawn from an interpretation of the just war tradition privileging a presumption against war as being at the heart of just war thinking, the escalation management and demonstrable retribution criteria depict the narrow moral logic where the legitimate goal of limited force is something other than the moral truncated victory of jus post vim.


2020 ◽  
pp. 0032258X2092693
Author(s):  
Nicholas M Perez ◽  
Trinh Nguyen ◽  
Brenda Vogel

Citizens often have misconceptions about law enforcement. This misinformation may contribute to distrust and heightened concerns about force and misconduct. Agencies attempt to address this by promoting procedural justice and providing community education on police practices. Thus far, past research has not been clear on the actual utility of community education on changing public perceptions. Recent funding has allowed one department to host 14 one-day community police academies (CPAs) to educate residents about policing topics to enhance trust and improve public perceptions of the department. The current project analyzes data collected CPA events to determine the effects on citizen knowledge of police procedures and the effect of this knowledge on attitudes toward the police. Results indicate that while CPAs were effective at educating citizens about practices and improving trust in law enforcement, the increased knowledge was not associated with improvements to public trust. The knowledge obtained at the CPA was, however, predictive of lower concerns about use of force. Implications and directions for future research are discussed.


Author(s):  
Daniel R. Brunstetter

Law enforcement is often seen as the de facto, and relatively pure, alternative to contemporary just war. If we are not at war, then the more restrictive law enforcement is the viable paradigm. This chapter interrogates two assumptions underlying this view. It begins by demystifying the unwritten assumption that the liberal law enforcement paradigm associated with Western democracies is the idealized foil to just war. Using France, whose postcolonial legacy complicates the turn to the Western liberal paradigm as an illuminating case, the chapter explores how domestic warlike violence creates a state of fractured order—the violence and potential for abuses of power that permeate society as the government seeks to balance security and individual rights. The chapter then turns to the transnational context to challenge the view that there exists a clear line between the state of war and the state of peace. Mali serves as a paradigmatic case to illustrate how the effectiveness of law enforcement is curtailed in spaces of contested order where heavily armed terrorist groups challenge the authority of the state, thus prompting a turn to Special Forces and drones to restore order. In both contexts, the chapter identifies a shift away from the restrained norms that typically govern the use of force in law enforcement to more warlike uses of force that blur the lines between peace and war. The chapter concludes with a reflection on how this shift might inform the ethics of limited force, which lies between law enforcement and just war.


Author(s):  
Maren B. Trochmann ◽  
Angela Gover

Purpose The purpose of this paper is to examine whether the representativeness of police departments, i.e. the extent to which the demographics of sworn police officers mirror their local constituency’s demographic makeup, has an effect on communities. The study seeks to explain whether community complaints about police use of force are related to the representativeness of the police department. Design/methodology/approach The study examines the relationships between use of force complaints lodged against a police department and the representativeness of the police vis-à-vis their community using ordinary least squares regression and city fixed-effects models. The stratified sample of 100 large US cities uses data from the US Census Equal Employment Opportunity Survey and the Bureau of Justice Statistics Law Enforcement Management and Administration Statistics Survey from several points-in-time. Findings The analysis suggests that racial makeup and, to a lesser extent, local residency of police departments might matter in reducing community conflict with police, as represented by use of force complaints. However, the fixed-effects model suggests that unobserved community-level characteristics and context matter more than police departments’ representativeness. Originality/value This study seeks to provide a unique perspective and empirical evidence on community conflict with police by integrating the public administration theory of representative bureaucracy with criminal justice theories of policing legitimacy. The findings have implications for urban policing as well as law enforcement human capital and public management practices, which is essential to understand current crises in police-citizen relations in the US, especially in minority communities.


2021 ◽  
Author(s):  
Kenneth R. Murray ◽  
M. R. Haberfeld
Keyword(s):  

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