Police Use of Force

Though widely used, there is no single, agreed-upon definition of “police use of
force.” Instead, the concept is characterized in a variety of ways, including “unnecessary use
of force,” “illegitimate, improper, or abusive use of force,” “illegal use of force,” “excessive
use of force,” excessive force,” “police brutality” and “deadly force” (Reno, Fisher, &
Robinson, 1990). Sometimes, these concepts can be interchanged without compromising the
accurate interpretation of a statement. In other instances, however, differences in terminology
can alter the meaning of a statement. Nevertheless, all these terms can be considered
transgressions from police authority to use force, albeit to varying degrees.
There are three main reasons police officers often resort to using force on people: to
make an arrest, to protect themselves or others, and to establish control of a situation
(Dedrick, n.d.). For various reasons, people tend to resist being arrested by police officers.
Indeed, a major reason is that most people do not understand why they are being arrested,
especially because most arresting officers never bother to explain, instead preferring first to
bring a suspect under custody and then explain to them later. Meanwhile, during arrest, some
suspects may be armed, violent, and therefore dangerous, not only to the arresting officers but
also to public members. Hence, the need for officers to use force to protect themselves and
others and establish control of the situation.
The types of force used by police include lethal forces, less-lethal methods, empty-
hand control, verbalization, and officer presence (National Institute of Justice, 2009). These
constitute a continuum of use of force. The continuum represents an escalating sequence of
measures a law enforcement agent may take to contain a situation. For example, at the
officer-presence level, a law enforcement officer’s mere presence should work to diffuse a
situation or deter crime. At the lethal-force level, the law permits an office to use a lethal
firearm or weapon to control a situation, but only if the suspected offender resists arrest and

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poses a serious risk or threat to the officer or the public. Each level typically has many
possible actions, and officers are directed to respond to each situation with an appropriate
level of force.
Under the Fourth Amendment, objectively reasonable use of force means that in
examining the legality of a police officer’s application of force, the officer herself need not
believe that her conduct was legal. Rather, the officer only needs to prove that a reasonable
officer would have taken the same measures or acted in the same or similar manner under
similar circumstances, bearing in mind the officer’s training and experience (Dedrick, n.d.).
Meanwhile, an officer’s use of force is considered reasonable if it is constitutionally
permissible and unreasonable if it violates the Fourth Amendment.
When it is suspected that a law enforcement officer has used force unreasonably, the
officer is investigated using the laid-down procedures. If found guilty, the necessary
disciplinary action is taken against them (Dedrick, n.d.). The investigative procedure
followed will depend on whether or not the use of force results in serious injury or death. If it
did not, the officer is investigated and disciplined internally by their police department. If it
results in serious injury or death, an internal investigation is first conducted, followed by a
criminal investigation by either the State Investigative Authority or the U.S. Department of
Justice. There may also be a civil rights investigation.

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References

Dedrick, D. (n.d.). When can police use force? (Use of force infographic). Healing Law.
https://healinglaw.com/blog/when-can-police-use-force-use-of-force-infographic/
National Institute of Justice. (2009, August 3). The use-of-force continuum. National Institute
of Justice. https://nij.ojp.gov/topics/articles/use-force-continuum
Reno, J., Fisher, R., & Robinson, L. (1990). Use of force by police: Overview of national and
local data. Washington, DC: U.S. Department of Justice.