Running head: POLICE BRUTALITY Jerome Calderwood Introduction to Policing DeVry University

POLICE BRUTALITY An epidemic that is currently becoming an issue through policing as a whole is the issue

is police brutality. Police brutality is not only in my opinion physical but also verbal. What is the definition of police brutality? Police brutality is the use of any force exceeding that reasonably necessary to accomplish a lawful police purpose. Although no reliable measure of its incidence existslet alone one charting change chronologicallyits history is undeniably long. The shifting nature and definition of police brutality, however, reflect larger political, demographic, and economic changes. (Friedman, Lawrence. Crime and Punishment in American History. New York: Basic Books, 1993). With the additions of the US PATRIOT Act and the NDAA it is perceived that the police are given more power than they actually have. In order to protect the citizens and themselves from harm an officer is allowed to protect themselves, however they must use discretion when using physical force. Where does discretion stop and brutal force begin? One person close to me was indeed a victim of police brutality. On the day before Easter in 2009 this person was sitting in his house while the SWAT team came and entered his home without showing proof or was in possession of a warrant. They then cuffed him, violently dragged him from his home and slammed him against the car, then they threw him in the car. When they got to the station he was still cuffed and he didnt know what was going on, and they put him in a room. He kept asking what was going on. He was never read his Miranda Rights and was never made aware until hours later of what his crime was. He was out on bail, because he was previously charged with a crime in which he did not commit and these charges were subsequently dropped. After three hours of being taken into custody he was made aware that he was arrested, a day before Easter for failure to appear and to make things better the letter of appearance was never sent to his lawyer and was also sent to the incorrect address.

POLICE BRUTALITY Where did the police go wrong here? First of all the police entered the house violently to apprehend him on a bench warrant. Then they attacked him without any cause or justification and then continued the assault. Furthermore, they didnt inform him of why he was being detained or of his rights. There is an example of the police abusing their power. How? The

person was not violent or anything toward the police, because of the incident he was confused as he did not know what was going on. The police should have asked to speak with him, explain to him the situation, how it is going to be handled and then quietly without any incident take him into custody to fix the mistake by the courts. Where does the thin line of discretion end and police brutality begin? Cases in which police, prison guards and other law enforcement authorities have used excessive force or other tactics to violate victims' civil rights have increased 25% (281 vs. 224) from fiscal years 2001 to 2007 over the previous seven years, the department says. (Johnson, K USA Today Police brutality cases on the rise since 9/11, 2007). From all the news articles I have read this keeps happening and these numbers keep rising. This is truly an epidemic that needs to be addressed in a quick and efficient manner. How can this epidemic be fixed? Through a combination of education, training, counseling and if needed punishment. Education is the most important piece of trying to reduce the over use of force by police officers. In the basic training when officers are in the Police Academy book and physical education should be introduced to help the officers determine when and how much force is to be used. I have been a martial artist for twenty-two years and in our training, we are instructed on when and how to use force. One of our tenants is to protect ourselves and to protect our enemy. For example if someone is trying to attack us with a knife, we want to disarm the person while protecting ourselves, we do not want to severely injure or

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kill our opponent. This same training in discretion should be a top priority when training officers. Also, it should be explained to those who are training that police brutality is costly. Current budget problems may cause taxpayers to take a look at how their money is spent, but in Chicago $18 million was paid to the family of LaTanya Haggerty, a Black woman shot to death by police in 1999. In 1995, a New York Times editorial noted that in the cash-starved Big Apple, brutality settlements and court judgments cost the city $87 million over five years. The Rodney King beating cost Los Angeles $3.8 million in a settlement and estimates for property damage hit $700 million after riots when officers involved were acquitted. In 2001, the city of New York shelled out $7.125 million in the infamous Abner Louima case, in which the Haitian immigrant was assaulted with a plunger by officers in a precinct bathroom. (Muhammad, C. National News The high cost of police brutality, 2009). Also, because of this the education should show the officer how this will affect their pay or their ability to obtain stable, long term employment. When an officer becomes seasoned the officer would have picked up some habits along the way. These habits are formed from the field and incidents that were encountered, so therefore the old adage its hard to teach an old dog new tricks applies here. So, how do we instruct seasoned officers on how to use discretion properly? Most importantly, how do we make sure that our seasoned officers are a good example to the less seasoned officers and that they show the proper amount of discretion? Every officer should have to have training every year in situations that would require a high level of discretion in dangerous situations. In conjunction with this training an evaluation should be given to make sure that the officer can apply what is learned to situations. Random evaluations in the field by a FTOi, or a supervisor can determine how officers act in real situations and evaluate any changes that the officer or the department needs to make.

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When should force be used? When a police officer is in a situation that warrants the need for protection of self, and of the society. On March 3rd, 1991 Rodney King was being pursued by the Los Angeles Police Department for refusing to pull his car over and stop. They had been chasing him for eight miles when King finally stopped. Sergeant Koon ordered four officers to jump on King and subdue him. King appeared intoxicated to the officers and was very strong, he got away from the officers and began to do things which the police said gave the appearance that King was on PCP. Koon fired two volleys of electronic darts into King. He got up and ran in the direction of Powell and the attack began (Leibovich, 1999:1-3). King suffered numerous injuries during the attack. He was hit with batons between 53 and 56 times over a period of three to four minutes. The bones holding his eye in its socket were broken, and King suffered 11 broken bones at the base of his skull. Reports concerning that incident were falsely reported in an attempt to cover up the excessive use of force. The Los Angeles police officers and supervisors downplayed the injuries to King as minor scrapes and bruises. Koons had reported that King felt no pain, but Kings friend in the car said he could hear King screaming as the officers detained him. The California Highway Patrol were so shocked by the level of brutality that they took note of the officers names. The police officers involved in the beating reported that King attacked officers, resisted, and increased his level of resistance. In the videotape however, King is seen in a defenseless position on his hands and knees as officers circle him and beat him repeatedly with their batons. Koons report contained no information regarding other people in Kings car. Koons report of minimal use of force was also backed up by a lieutenant (Berger, 1991:1-8). (Mangan, D. Police Brutality: The Use of Excessive Force). The case of Rodney King asks one question if an officer or groups of officers use force that isnt warranted for a certain situation what should happen. Some of the current punishments that include suspension with pay isnt

POLICE BRUTALITY good enough. Some people will use this suspension as an extra vacation and not to view it as punishment. When an officer does indeed knowingly, willingly or otherwise violates a suspects

Constitutional and Civil rights, the offending officer should be punished. This punishment should be first and foremost one of an educational nature. The offending officers should be shown where they went wrong and how they should have reacted in the situation. Also, criminal charges could be assessed if the use of force results in severe injury or death. To combat the over use of force an officer should participate in a yearly psychological review to determine if an officer would experience any behaviors that would instigate the use of excessive force in any situation. These sessions should be included in recertification programs that would help reinforce basic training for the officer. If these programs are instituted then there will be a decline in reports of police brutality. The police have a bad image in our society today and this is due in part to the excessive use of force. The media does not help either, as in songs and even on the nightly news, the police is portrayed in a negative light. The over use of force is a focus on most reports and videos of the police. If departments focus on over use of force and educate their officers then it would be possible that the police will be portrayed in a positive light.

POLICE BRUTALITY References Alpert, G.P., and Dunham, R.G., 2004. Understanding Police Use of Force: Officers, Suspects, and Reciprocity. New York: Cambridge University Press. Friedman, L. Crime and Punishment in American History. New York: Basic Books, 1993. Johnson, K. USA Today Police brutality cases on the rise since 9/11, 2007 Mangan, D. Police Brutality: The Use of Excessive Force Muhammad, C. National News The high cost of police brutality, 2009

FTO Field Training Officer is a senior officer who trains and evaluates junior and rookie officers.