Literature review There are two main concepts that are essential to understanding the basis of this study, "excessive use of force" and "civil liability. The excessive use of force is usually defined as any force that can result in serious bodily harm or death (Alpert and Smith 1994)
Literature review There are two main concepts that are essential to understanding the basis of this study, "excessive use of force" and "civil liability. The excessive use of force is usually defined as any force that can result in serious bodily harm or death (Alpert and Smith 1994)
Instead of following a "find and bite" procedure, dogs and their handlers were retrained for "find and bark." The results were immediate and impressive: dog bites declined from 360 per year, including more than 100 requiring hospital treatment, to 30 per year with no hospitalizations (Anderson 1999)
)." According to an article published in Monthly Labor Review explains the problems that arise when police officers use excessive force and civil liability claims are filed (Bohling 1997)
The standards under federal law are custom or policy, and deliberate indifference, a rather poorly defined concept which is similar to totality of circumstances ("Civil Liability for Government Wrongdoing," 2004)." According to an article found in the Journal of Criminal law and Criminology, explains that disciplining police officers that have been found guilty of wrongdoing is essential (Iris 1998)
Article 2(4) of the UN Charter The ban on the use of military force, which is established by Article 2(4) of the United Nations Charter and is held to have only very specific exceptions as follows: "All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations." (O'Connell, 2002) Only two exceptions to the prohibition on force appear in the Charter and specifically the Security Council "may use force to keep the peace as provided in Chapter VII of the Charter
" (2004) If an attack is to qualify as an 'armed attack" under Article 51 "the direct attack by a non-state actor had to be attributed to another state under rather stringent rules on attribution." (Bradford, 2004) The law on this point is reported to have been shaped by the judgment of the ICJ in the case on Nicaragua "which concerned the relationship between a state and rebel forces
It is reported that Grotius "as long back as in the fifteenth century articulated three justifiable causes (under the Just War theory) for Sates to use force" and those are reported to be the three of: (1) defense; (2) recovery of property; and (3) punishment. (Kanade, 2009) It is additionally reported that Oppenheim 'Has pointed out that in the absence of an international organ for enforcing law, war as a means of self-help for giving effect to claims-based or alleged to be based on International Law
" (Kanade, 2009) According to Oppenheim "such was the legal and moral authority of this notion of war as an arm of the law, that in most cases in which was in fact resorted to in order to increase the power and possessions of a State at the expense of others, it was described by the States in question as undertaken for the defense of a legal right." (Oppenheim, 1952) It is reported that under this rule that States "engaged in the use of force for vindication or for securing legal rights such as recovery of property or arbitral awards
38). Use-of-force supporters counter that these law enforcement authorities are on the front line of the fight against crime and must have the power to exercise whatever amount of force they deem necessary in their professional judgment to protect themselves and American society (Elicker, 2008)
Police officers who encounter criminal suspects in the line of duty who must be presumed innocent until proven guilty in a court of competent jurisdiction are faced with a far different situation than correctional officers who are charged with maintaining order in the nation's prison system. Correctional officers are routinely confronted by individuals who have already been convicted and sentenced for their offenses, and in many cases these were violent crimes (Kedir, 2006)
The confrontational force continuum begins with nondeadly force tactics that use physical efforts intended that are designed to control, restrain, or overcome the resistance of an individual and ending with deadly force which refers to any method that can be reasonably expected to result in the death of the suspect.(McCauley, 2005)
¶ … Force by Police and Correctional Officers in the United States Today Beginning with the high-profile case of Rodney King in March 1991, the proliferation of cellular telephones equipped with cameras has resulted in an increasing number of video accounts by American citizens concerning the use of force against criminal suspects who are in many cases members of minority groups (Winright, 2007)