A Study on Police Duty to Intervene in Excessive Use of Force Situations: A Focus on Criminal Liability

2020 ◽  
Vol 29 (3) ◽  
pp. 187-213
Author(s):  
Hoon Lee
2016 ◽  
Vol 15 (5) ◽  
pp. 567-588 ◽  
Author(s):  
Rodney H. Jones ◽  
Neville Chi Hang Li

Abstract The video documentation of police violence against citizens, and the circulation of these videos over mainstream and social media, has played an important part in many contemporary social movements, from the Black Lives Matter Movement in the U.S. to the Umbrella Movement in Hong Kong. Such videos serve as both evidence of police abuses and discursive artefacts around which viewers build bodies of shared knowledge, attitudes and beliefs about events through engaging in exercises of “collective seeing”. This article analyses the way a video of police officers beating a handcuffed protester, which became an important symbol of the excessive use of force by police during the Occupy Hong Kong protests, was interpreted by different communities, including journalists, protesters, anti-protest groups, and law enforcement officials, and how these collective acts of interpretation served as a means for members of these communities to display group membership and reinforce group norms and ideological values.


2020 ◽  
Author(s):  
Mychal Machado ◽  
Ashley Lugo

Structural racism is rooted in American social systems that were supposedly designed to promote our right to life, liberty, and the pursuit of happiness. Social systems like policing, for example, are built on a foundation of discriminatory practices designed to disenfranchise Black, Indigenous, and people of color (BIPOC). One of the most recent visible examples of racially-biased policing is the excessive use-of-force by officers toward BIPOC. In response, advocates, policy makers, and researchers have sought solutions. Police use-of-force reforms such as Body-Worn Cameras (BWCs) and Implicit Bias Training (IBT) have become popular and are currently being applied in many police departments across the country. However, evidence supporting the effectiveness of these reform strategies to reduce use-of-force is mixed, and further evaluations are needed to understand why these strategies are purported to be an effective solution. The purpose of the current review is to ignite future empirical evaluations of use-of-force reform. Following a summary of the research conducted to date on BWCs and IBT, we will conclude with a brief discussion of how behavior analysts might improve and foster strategies that are efficacious. Our ultimate goal is to leave the reader with an understanding of where the data have taken us thus far, and how behavior analysts and others can contribute to the reduction and eradication of the discriminatory practices present in policing and other social systems.


2021 ◽  
Vol 10 ◽  
pp. 992-1005
Author(s):  
Johan van Graan ◽  

Commentators frequently report on the high prevalence of violent crime in South Africa and often label the country as one of the most violent in the world, with a subculture of violence and criminality. This paper focuses on a different perspective, reporting on the excessive use of force and destruction caused by offenders in South Africa to gain entry to victims' properties in the execution of non-violent property crimes, in a particular residential burglary. Literature on property crimes has been considering the aggravating circumstances of violent property crimes. However, the use of excessive force and destruction caused by burglars to gain access to victims' properties in the execution of residential burglary remains relatively untested in the literature. In this light, the purpose of this study is to describe the unprecedented levels of force used and destruction caused by burglars to gain access to victims' properties during residential burglary victimisation in an urban residential neighbourhood in Johannesburg, South Africa. A qualitative research approach is followed. A case study design was used to select an urban residential neighbourhood in Johannesburg as a case study. A data set of (n = 1 431) crimes were purposively selected by means of non-probability sampling. Qualitative and quantitative content analysis was used to analyse the data. This paper offers valuable insight into the forceful and destructive conduct of burglars in the selected neighbourhood and contributes to the body of knowledge by providing an improved understanding of target hardening as a preventive measure against residential burglary victimisation as well as on methods of entry used by burglars in incidents of residential burglary. The results of reported non-violent property crime victimisation incidences by this community's neighbourhood watch scheme suggest that residential burglars in the selected neighbourhood are uncharacteristically forceful and ravage in their actions since they frequently revert to extreme use of force and destruction, disproportionate to the crime perpetrated. It is concluded that this radical degree of force used and destruction caused by residential burglars to gain entry to victims' properties in the execution of non-violent property crimes is not typically associated with residential burglary as compared to countries internationally.


Significance The government's dispute with mining cooperatives has produced violent confrontations. While the government is standing its ground, claiming that the protesters' demands violate constitutional norms, Concobol has extended its original list of demands, from ten to 24, and has devolved responsibility for the organisation of demonstrations to individual federations in an effort to foster new protest methods. Impacts The police will become increasingly impatient with the unrest, raising the risk of excessive use of force. Road blocks will alienate public opinion quickly when they begin to cause shortages of key goods. While Concobol's extended list of demands appears to complicate matters, it may provide more leeway in negotiations.


Author(s):  
Mario S Staller ◽  
Benjamin Zaiser ◽  
Swen Koerner

Cognitive biases have been identified as drivers of the excessive use of force, which has determined current affairs across the globe. In this article, we argue that the police are facing serious challenges in combating these biases. These challenges stem from the nature of cognitive biases, their sources and the fallacies that mislead police professionals in the way they think about them. Based on a framework of expert decision-making fallacies and biases, we argue that these fallacies limit the impact of efforts to mitigate cognitive biases in police conflict management. In order to achieve a systemic understanding of cognitive biases and their detrimental effects, the article concludes that implementing reflexive structures within the police is a crucial prerequisite to effectively reflect on external influences and to limit bias and fallacies from further unfolding in a self-referential loop.


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