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Saturday, July 30, 2011

Essay on Use of Force by police - the Necessity for Use of Force

Use of force is a general idea.  It can be used in a positive way.  It can also be used in a negative way.  It pertains to the right of an individual to resort to the use of force to settle disputes and disagreements.

Generally, the use of force to achieve an objective or goal should be avoided.  This is because use of force implies that something is done out of the ordinary.  When force is used against another it implies that an event happened to somebody against his will.  Instead, the individual is required to peaceful means of settling a dispute.  For instance, when there is a dispute, it is suggested that the injured party should instead go to court and seek help.  Going to court is a peaceful means of settling any conflict or disagreement.

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It is because of this reason that the use of force is generally not allowed.  Use of force may be considered as a crime in certain situations.  For instance, when a married man forces his wife to have sexual act with her it is a crime since even if they are married he has no right to use force against her.  The same is true when police officers use unnecessary force against a thief.  On one hand, it can be said that law enforcement officers are entitled to the use of force against a criminal.  Because of the danger of the job of the police and the fact that he deals with the lawless elements of the society then he is justified in making use of force, at times even deadly force, not only to faithfully perform his function but also to defend himself against his aggressors.  There is no law that says that police officers should run away from an aggressor who violently resists an arrest nor is there any law that says that police officers should allow themselves to be injured or killed if the arrestee attempts to refuse arrest and fight the police officer in the course of an arrest.  However, oftentimes police unexpectedly resorts to violence in order to apprehend an accused.

Use of force however is not necessarily a negative thing.  Use of force may sometimes be necessary.  When it is necessary to save himself, a person is entitled to use force against the assailant.  For instance, when a person is attacked by an assailant he is justified in using force to repel the aggression against him.  In this case use of force is good as it is being used to save oneself from danger.  Use of force is also allowed when it is necessary to safe another person in danger.  For instance, a person sees another who is being beaten to death by another individual, in this case, it is alright to use force against the other individuals so as to save a stranger from danger.  Use of force may also be allowed when it is done to protect the honor and dignity by the person.  For instance, a husband catches his wife in bed with another man.  In this case, the husband is justified in resorting to the use of force for the purpose of protecting his honor and dignity which has been violated when he saw his wife in his own bed with another man.

It is clear that use of force may be allowed for certain noble and justified reasons.  However, when use of force is unnecessary, excessive or can be avoided, the law considers it as a crime.  In these cases, any person who resorts to use of violence should be punished.

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