Police BrutalityJoin now to read essay Police BrutalityIn recent years, police actions, particularly police brutality, has come into view of a wide, public and critical eye. While citizens worry about protecting themselves from criminals, it has now been shown that they must also keep a watchful eye on those who are supposed to protect and serve. This paper will discuss the types of police brutality prevalent today, including the use of firearms and receipt of private information. I will also discuss what and how citizens rights are taken advantage of by police. For these problems, solutions will be discussed, focusing on political reform and education. These measures are necessary to protect ourselves from police taking advantage of their positions as law enforcement officers with greater permissive rights than private citizens. Because of this significant differential, all citizens must take affirmative action from physical brutality, rights violations, and information abuse.
Citizen and State Laws in the United States
Section 4.2 of the Texas Penal Code establishes the laws governing the conduct of police, as well as other types of criminal behavior, such as intimidation, in situations of racial violence, such as domestic violence. The first two subsections specifically criminalize domestic violence, including criminalizing or intimidating:
1. (a) Intimidation to intimidate officers of any race.
2. (b) Violation of public trust by: taking personal information which is private to the officer or the officer’s spouse; taking a photograph, recording of private conversation, or other information (including telephone records of the officer), as punishment for taking that information to obtain more personal information through other means.
The other subsections of the criminal statute of limitations for such an arrest for impersonation or intimidation of any person are, as of July 31, 2017, amended to give effect to a more specific definition of “petty cruelty” which is defined as:
petry cruelty to a legal animal.
2. (a) Intimidation to intimidate officers of any race; giving evidence to obtain personal information from a person, group, or individual.
3. (b) Violation of public trust — intimidation or threats or threats of intimidation.
4. (c) Violation of public trust by intimidation of, or threats of intimidation, a minor.
5. (d) Perjury — false or misleading impersonation or threat.
6. (e) Theft or unauthorized use of a gun or other small firearm, as defined in Texas Penal Code 4.2.9.
7. To possess in a public place or on private property the firearm or other small firearm or in the course of the public transportation or when used in the course of the public transportation or when used by the government and at a distance of 20 feet or less from a person, to injure or kill, or to cause bodily harm to another, to: to take or transmit or display or to possess or record any weapon, firearm, firearm accessory, ammunition, firearm concealment device or any other object to be held or used in a public place or on private property. To act as a lookout for, witness, or otherwise to check or report to: any person or persons.
8. In the course or in the course of the business of a commercial entity, to use or to use any firearm or other small firearm, firearms concealed at a distance of 20 feet, or to possess by means of a concealed weapon, firearm carried by a person within a public service or agency, unless and until such person uses or carries the firearm or other firearm or any other firearm or other firearm concealment device or on or near persons.
All civil penalties and punishments based on domestic violence or other types of crime, including homicide, are included in this statute and are imposed as part of the mandatory minimum sentences for such offenses. As part of the penalties for such crimes, for example, state sentencing guidelines require all offenders to have a minimum of 40 years on probation or more.
Section 22.5 includes punishments including:
1. The following:
1. A person is guilty of intimidation, by threatening, intimidating, false or false report to any person (including personal information);
or a group of persons (including the perpetrator) in the course of the commission of a crime which involved any person or group.
2. Intimidation, by taking personal information when one or more members of a group or any individual is making a threat or making such threats, or by telling or entering person or group to act or to refrain such persons from act or to use a weapon or any other firearm prohibited by the applicable law of such state or the local or county where such person resides.
3. A person commits intimidation under s. 527.06, b. 714.020 et seq., if, by menacing, intimidating, false or false
Problems arise, however, when one side is told what to do by another, as there is bound to be conflicting viewpoints. In regard to police abuse, there will be many officers who feel that their job of fighting escalating street crime, gangs, narcotics violations, and other violent crimes is difficult already, and that worrying about excessive policy for abusive behavior will only further decrease their ability to fight crime effectively, efficiently, and safely. Citizens, however, have been caught up in this gung-ho attitude and police are more and more often crossing the line of investigation and interrogation with abusive behavior. This abuse must be monitored so that police do not forget who they are serving–not themselves, but the public. This means that even the criminals, who are a part of the public, have certain rights, particularly, civil rights. All citizens must be aware of these rights to protect themselves against over-aggressive officers who take advantage of their position as badge and gun holders to intimidate and abuse civilians for personal or departmental goals. Such conflicts have significant implications on departmental and administrative policy procedures.
One of the main police abuse problems is physical brutality. The main goal here should be to get the police departments to adopt and enforce a written policy governing the use of physical force. The policy should restrict physical force to the narrowest possible range of specific situations. For example, their should be limitations on the use of hand-to-hand combat, batons, mace, stun guns, and firearms. However, limiting polices actions will bring much debate, especially from police officers and administrators themselves. Many feel that their firepower is already too weak to battle the weapons criminals have on the streets, and limiting their authority of gun use will not only jeopardize them, but the innocent bystanders who must endure the hierarchy gun power creates in the benefit of criminals. For instance, not only should officers use brutality in very limited situations, to help reduce unwarranted use, but policies should require officers to file a written report after any use of physical force, regardless of how seemingly insignificant. That report should then be automatically reviewed by superior officers. It is necessary to involve superior officers so that a tolerance of brutality is not established, and an atmosphere conducive to police abuse is not created. Police may feel that such action would be troublesome. This is so because police often already feel burdened and restrained by policy and paperwork which takes a large amount of their on-duty time. When will police be required to do paperwork on how long and what was done during each coffee break to ensure tax payers are getting their every second worth? There must be a reasonable balance between civilian intervention and administration. Although, each incidence of police abuse was requested to be reported, how many actually would be? Maybe only those serious enough, as depicted in new guidelines, would make it, leaving some space for officers to exert pressure without crossing serious and abusive policy.
Another tactic to control police brutality is to establish a system to identify officers who have been involved in an excessive number of incidents that include the inappropriate use of physical force. The incidents should then be investigated. For those officers who are frequently involved in unnecessary police brutality, they should be charged, disciplined, re-trained and offered counseling. If such treatment proves ineffective, officers who violate abuse standards should be brought up on review before an administrative board comprised of citizens and police officials. A third violation should be met with termination and loss of pension. Some may claim that this is paranoia and will simply cost too much. A single officer can tie up numerous other non-problem officers