Table of ContentsProblem StatementHistorical DevelopmentThe Fourth Amendment and Police BrutalityCausesFuture Public ReactionCurrent Policy on Police Brutality and MisconductAnalysis of Current Policy and alternativesPolicy recommendations regarding police brutalityChallenges and feasibility of police reformMaking it possibleProblem StatementPolice brutality occurs when police officers use excessive physical force, such as beating and fatally choking an individual. Excessive force is also verbal aggression. The definition of police brutality is different between the police and citizens. Citizens and police have different definitions of police brutality. People see police brutality when their freedom is restricted. Police consider police brutality in situations where they use their emotions to defend against possible attacks by causing pain to the individual through excessive force. Racial minorities suffer the most from police misconduct and police brutality that violate their human rights. According to a recent study on community attitudes toward police brutality, 50 percent of black respondents reported police brutality in their community. That’s more than double, according to white respondents. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get the original essay According to the U.S. Commission on Civil Rights, people of color, women, and the poor have disproportionately reported police brutality. Police brutality is the result of differing goals to reduce crime rates across the country, which has led some police officers to use their authority to override individual rights. As a result, communities live in fear of the police rather than seeing them as protectors. The recent case of police brutality occurred in Ferguson, and black people felt targeted because a white police officer shot an unarmed young black man. Many people believe that there was police misconduct in this case. The Michael Brown case is a tragedy because a police officer used excessive force that resulted in death. Current policies influence police training by ensuring that officers are not justified in shooting an unarmed person. They should not view certain groups in society as enemies. They must serve the public interest to ensure order and stability, as well as fair application of the law. Police training requires new officers to acquire strong interpersonal skills, as well as knowledge of crisis counseling and intervention and to be able to de-escalate the situation. During police training, these subjects are not highlighted. Even though police officers receive training, there is a difference in their behavior when on the job. Police misconduct is widespread in New York, as well as other major cities. Officers receive a promotion instead of being fired if they have a complaint. Police officers even receive medals for the number of complaints they receive following reports of police misconduct. The New York City Police Department does not take police misconduct seriously, resulting in a large number of lawsuits. In addition to New York, Los Angeles had a case of Rodney King. This case had a dramatic impact on the public's perception of the LAPD due to the level of misconduct.Approval of the LAPD among African Americans and Hispanics has fallen dramatically. The New York City Police Department is aggressive, leading to community distrust and resentment. The New York City police are so aggressive that Amnesty International released a report claiming that the New York City police had committed human rights violations. According to the Universal Declaration of Human Rights, Article 5, the New York City Police violated the provision stating that “No one shall be arbitrarily deprived of life.” It is rare for a police officer to deny wrongdoing, however, the Sean Bell case proved otherwise. One of the cops who shot Bell pleaded guilty during the NYPD trial. Officer Isanora pleaded guilty to wrongdoing and avoided criminal conviction. During the department's hearing, attorneys for Isanora and Officer Carey determined they committed wrongdoing by shooting Bell 50 times. The consequence Isanora faces is the loss of her job with the police department and Officer Carey faces a 30-day suspension for her role in the shooting. Al Sharpton said Isanora's actions did not follow police guidelines. He thought it was unfair for Agent Michael Oliver and Detective Cooper to negotiate their retirement and be able to collect a full pension despite their crime. Al Sharpton believes they should not be subject to any negotiations because they participated in a murder. Police brutality negatively affects the economy due to unnecessary prosecutions. Police departments generally ignore abuses committed by police officers. The city rather than the police department or officer pays the settlements. When there is a civil trial, the city always pays the victims; however, the officers who committed these crimes remain unpunished and it does not affect their performance evaluations. The cities of New York and Los Angeles have significant costs due to high levels of police brutality. There is currently one type of policy to end police brutality: the zero tolerance policy. The zero tolerance policy aims to pay particular attention to the quality of life in a city. Through innovations in policing practices, the zero-tolerance policy has had the greatest effect in reducing crime, although it has led to aggressive policing. A community policing strategy is another way to end police brutality because it allows for a partnership between the police and the community. For example, when people responded to a survey, it showed that they had a positive attitude toward the police because of community policing. Historical Development Throughout United States history, police brutality has been widespread. Police brutality mainly occurs during times of civil unrest such as protests, cultural events, or fighting crime. For example, in the 1950s, Los Angeles held an event known as “Bloody Christmas” (Escobar, 2003). On Christmas Eve, seven young men fought with police officers who then brutally attacked them after arresting them on charges. Five of the seven men were of Mexican descent. When the public became aware of this unusual punishment, it led to a public outcry for justice. One of the first incidents reported as police misconduct occurred in 1958 against Mr. James Monroe, who was suspected of the deaths of six black men. Thirteen police officers along with the lead detective rushed to Monroe's home at 5:48 a.m., raided hishome without a warrant, treated Monroe and his wife unfairly when their home was searched, and kept them both naked in their home while police searched. proceeded. Monroe was then arrested and held for 10 hours for questioning without any charges, received no phone calls, and was denied legal assistance. Consequently, Monroe sued each officer and the city of Chicago under a code derived from the Ku Klux Klan Act of 1871 for violating his Fourteenth Amendment rights. This law provides a remedy for parties deprived of their constitutional rights due to abuse of position by a public official. Within the constraints of the Civil Rights Act, the court dismissed the complaint. Although Monroe appealed, the Supreme Court agreed with the previous decision. This was just the beginning of a long line of cases that describe the injustice of police use of excessive force. The Fourth Amendment and Police BrutalityThe Fourth Amendment recognizes the right to unjust searches and seizures and has adapted over time to meet necessary purposes. Its current use is against undisciplined law enforcement who violate a person's constitutional rights. There is currently divided judgment on the choice of amendment, when presenting the case, on whether to use the Fourth Amendment or Fourteenth Amendment when applying to receive a preferred verdict. For example, in the case of Snyder and Austin, the suspects were subjected to unnecessary force even though they cooperated (Fourth Amendment – ​​US Constitution). Annotation 5- The Eighth Amendment and 42 US Code § 1983 are other laws that protect victims of police brutality in America. . The 5-Eighth Amendment Annotation deals with cruel and unusual punishment and is under consideration because it concerns the protection of victims of police brutality. This focuses on the penalties provided by law when questioning a suspect (Eighth Amendment - US Constitution). 42 US Code of 1983 addresses civil actions for deprivation of rights. This civil code allows individuals physically abused by government actors to seek legal action to obtain damages. (Civil Rights Act of 1871 (42 USC § 1983)).CausesThere are multiple interpretations of excessive force by police. In response to political repression to stabilize order within a crowd, excessive force is used to maintain a peaceful environment. People from the working classes are the main targets of police brutality. These groups are individuals who commit minor crimes. The police use force to control people from the lower classes, especially when they are out of place at a disorderly crime scene. They are considered likely suspects due to their appearance. When the situation worsens, police brutality becomes frequent when there is general distrust of the police. Police brutality occurs during political repression. When officers use excessive force, problems arise from the public. Future Public Reaction The public will become more opposed to effective action taken to adjudicate injustices by government actors. Government actors took an oath to protect citizens and be effective representatives of the law, which brought shame to law enforcement. Injustice will reach a breaking point that the public will no longer tolerate. If the case is not resolved, there will be no turning point. Currently, activist groups and organizations are doing their best to resolve thecase. For a few cases addressed, dozens of others remain unanswered in the community. Among recent efforts, change.org is launching a petition for action against police officers. A letter will be sent to the group's Attorney General Eric Holden, calling for an investigation into "national action against police brutality." it is about policing the police for misconduct and brutality. Even if these laws are in force, police officers cannot be punished for their actions. Based on several newspaper publications, it appears that police accountability for misconduct is non-existent. According to the American Civil Liberties Union, in Habersham County, Georgia, officers have not been charged. Dansky states that "yesterday, a grand jury in Habersham County, Georgia, decided not to bring charges against the officers who threw a flash grenade into the home of Bounkham Phonesavanh, affectionately known as "Baby Bou Bou." The explosion left a hole in the then 19-month-old's chest, exposing his rib, and nearly ripped his nose off his face (Dansky, 2014).” This is one example of dozens of cases where the police officers who perpetrated the crimes were released without punishment or severe discipline. The police officers were shielded from the consequences of their actions. The federal government steps in to investigate cases of injustice. The investigation involves uncovering human rights violations committed by the agents (Baez, 2014). Aside from investigated cases, the majority of incidents of brutality go unreported across the country. These government actors are faced with minimal, if not minimal, justice intended to protect citizens. Senator Raskin of Montgomery County states: “It is a scandal that there are so many cases in Baltimore…The reason we have a government is to protect people from arbitrary violence (Puente, 2014). » In fact, Baltimore officials have called for harsher penalties for suspected officers (Fuentes, 2014). Analysis of Current Policy and Alternatives The Fourth Amendment to the United States Constitution which protects against unreasonable searches and seizures; the Fourteenth Amendment to the Constitution, which includes the due process and equal protection clauses; the Civil Rights Act of 1871; and the Federal Tort Claims Act are laws intended to protect against police brutality. The Civil Rights Act has become a key American law in brutality cases. Yet the laws have not stopped crime from occurring. Many cases of police brutality go unreported. Most reported cases are among African Americans or Hispanics. Currently, there is a lot of distrust in the community towards the police. Many people of color, particularly young African American men, make up the majority of the population of victims of police brutality. Media coverage of hostility and riots between people of color and police depicts abhorrent behavior that generates tension and unease in many communities. There are cases of police brutality against victims who are not of color. For example, in 2011, members of the Fullerton, California Police Department fatally beat Kelly Thomas, a 37-year-old white homeless man suffering from schizophrenia. In 2008, Brian Sterner, a quadriplegic, was thrown from his wheelchair while being booked for an alleged traffic violation in the Hillsborough County Sheriff's Office jail in Florida in 2008. These two Individuals suffered from police misconduct. a burden on a city's budget, because the costs of lawsuits andcompensation adds up. Victims of police misconduct sue for damages, which is an effective mechanism for redress. However, lawsuits against police rarely result in multimillion-dollar settlements for victims and are difficult to win. They represent only a small number of reports of police misconduct. Additionally, the costs of settlements and judgments for victims often exclude fees paid to attorneys representing the city. In many cases, the actual costs are higher. According to the New York Comptroller's Office, a 2012 report indicated that the city paid $185.6 million in claims for fiscal year 2011 (a 35 percent increase from the previous year, which amounted to $137.3 million in settled claims). complaints). Fiscal year 2011 saw "an all-time high of 8,882 complaints filed" against the NYPD, with a 55% increase in complaints against the NYPD over the past five years. Recent data shows that the NYPD has paid $428 million in settlements over the past five years, with an average of $33,875 per closed trial, with the highest amount being $11 million. Yet the costs of current policies and litigation vary across locations for a variety of reasons. First, some cities have capped damages, which has a significant impact on the final reported numbers. Second, some settlements have conditions unknown or sealed based on state open records laws and may not be available to the press. Third, the city attorney's strategies also affect the numbers when it comes to prosecutions or quick settlements. A settlement shows an admission of wrongdoing or the city decides it would be costly to take the matter to court. Finally, the availability and willingness of lawyers to initiate these proceedings also has an influence. In theory, the cost of these prosecutions is supposed to inspire better surveillance and policing. Current policies regarding police brutality and misconduct have influenced the way police officers now receive training. Police training has become more standardized, professionalized and militarized in recent decades. Various police departments across America are implementing body cameras and training officers in mental health awareness. Other departments have formulated rules that limit police use of force and preventative oversight that requires supervising officers and disciplining those who violate departmental standards. A growing number of cities are developing early warning systems to identify officers who are the subject of high rates of citizen complaints. Municipal police tend to be more aggressive, perhaps because of common barriers to accountability for police abuse. It is difficult to obtain information on a case, except in the case of criminal proceedings. The fourteen major cities where the police are actively aggressive are Atlanta, Boston, Chicago, Detroit, Indianapolis, Los Angeles, Minneapolis, New Orleans, New York, Philadelphia, Portland, Providence, San Francisco, and Washington. The media influence governments under pressure and social pressure. The media has become a powerful instrument of public surveillance. The pervasive use of social media reveals that governments are relying on old tactics. Policymakers can no longer rely on media censorship, public pressure and overt force. Cases of brutalityPolice officers demonstrate firm responses to disperse angry crowds. Governments need new policies to respond to demonstrations, riots and other forms of public protest and it is in their interests to develop new international standards. Yet social media alone cannot prevent police brutality; More must be done to regulate the legitimate use of force in democratic societies. Federal executives, like Congress and the executive branch, have the power to create and implement laws and policies. However, when it comes to police brutality, certain actors influence sentencing. Judges often sentence police officers convicted of brutality to light sentences because of the damage they cause to their careers. Police brutality has a political effect. In the wake of Michael Brown's death, politicians at nearly every level of government have spoken out about police use of force in Ferguson, Missouri. President Obama said now is the time to reflect on past events and find a way to unite for the future. He also noted that “there is never an excuse” for violence against police officers, or “for police to use excessive force against peaceful protests.” Missouri Governor Jay Nixon promised he would enact "operational changes" for law enforcement, promised residents would "see a different tone" and announced the State Highway Patrol would lead enforcement operations. security in the future. argued that “weapons of war have no place on our streets”; but local police are often equipped with weapons powerful enough to conquer a small country. Police use of SWAT teams has increased 1,500 percent over the past two decades. Many police departments have cultivated an “us versus them” mentality toward the public they serve. Possession of these weapons does not cause misconduct, but some police officers abuse their authority and misuse the weapons they have been given. The Law Enforcement Alliance of America (LEAA) is a conservative, non-profit, non-partisan gun rights organization located in Springfield, Virginia. which supports law enforcement. Its members are comprised of active duty and retired law enforcement officers, victims of crime, and other civilians. The educationally and politically active organization explains and defends police practices. It includes the use of force by police, supports and expands federal legislation to allow off-duty and retired law enforcement officers to conceal weapons, supports and promotes self-defense, strengthens laws aimed at punish violent criminals and deter crime, supports the death penalty and exposes and opposes efforts to support "gun control" as effective "crime control." Groups and organizations such as the National Police Accountability Project (NPAP), the American Civil Liberties Union (ACLU), the Coalition Against Police Brutality (CAPB), and the New York Civil Liberties Union (NYCLU) are working to end abuse of police authority through coordinated legal measures. action, public education and support for victims fighting police misconduct. Policy Recommendations Regarding Police Brutality First, make it clear that it will be impossible to completely eliminate police brutality because it is a multidimensional problem. However, we can implement specific policies that will deter this form of police misconduct and ourstrategic team came up with some possible recommendations called the three-point plan. As police brutality becomes more widespread, particularly as a result of media coverage, law enforcement officials equipped body cameras and understand that this recommendation is twofold. First, it ensures procedural justice, that is, “fairness in the processes of dispute resolution and resource allocation.” In a courtroom, both parties have the legal right to sit down and present their side of the evidence before a judge. More often than not, a judge simply takes the word of law enforcement officials, which violates the mandate of procedural justice. Secondly and conversely, it protects the law enforcement official from any unwarranted accusation by the opposing party. It provides an advantageous vantage point from a law enforcement officer's perspective, where everything will be documented and can be used as a defense in court. Next, we recommend a policy that will hold law enforcement officials financially accountable when found guilty in court. The police are public servants and must act in the public interest, but above all, they are human beings. When they violate a law, they should not receive additional benefits, but the same benefits as an ordinary citizen. Over the past five years, New York City has spent $428,000,000 of taxpayer money to cover settlements of lawsuits against law enforcement officials for false arrests and police brutality. $106,000,000 of that total alone was spent on out-of-court settlements. If a citizen is required to pay fines for crimes he or she has committed, law enforcement officials should be held accountable for that same respect. The final policy in our recommendation is to monitor individuals who are at high risk of misconduct. We recommend that law enforcement officials have an independent contractor who will provide oversight for each department. With unbiased data, we can observe and investigate potentially threatening or even repeat offenders. In these cases, we can take the necessary steps to either correct their actions through procedural training and intervention, or even remove them from their positions. Transparency is a must.Challenges and Feasibility of Police ReformA society faces many challenges when approaching the topic of police reform, as these efforts require differentiation from different points of view. From a law enforcement perspective, there is a need to build "capacity to immediately control local crime and combat transnational crime and terrorism." From an economic development perspective, we need to focus on using our own environment to increase economic growth, which will discourage foreign investment. In this regard, we can reduce military spending and use this surplus to finance other projects. A democratizing perspective recalls long-standing judges in democracy. In this regard, we insist on the absence of ill-treatment and unusual sanctions, which also demonstrates the concern to protect human rights. Keep in mind: this is just a sample. Get a personalized article from our expert writers now. Get a Custom Essay Making It Possible It is idealistic but not impossible to reduce cases of police brutality to.