Extended Response Scaffold

Introduction
Overall Thesis

Whilst police use of force is often necessary to maintain order, its effectiveness in achieving justice for victims, offenders and society is compromised when discretion is misused, force is used excessively and police are not trained adequately, making police use of force ineffective.

Introduction
Explain

1. Introduce topic of police

• Integral role in upholding NSW law

2. Context

• Define police use of reasonable force and discretion 

  • Reasonable force is using only the necessary amount of force to handle a situation.

  • Discretion is a police officer’s choice in how to respond to a situation.

• Link to LEPRA {Law Enforcement (Power and Responsibilities) Act 2002 (NSW)}

  • Must use reasonable force when making arrests, so must use discretion to determine whats appropriate

3. Main points in essay

• Police use of [tasers, oc] as well as their [limited training] compromise the achievement of just outcomes due to misused discretion.

Body 1
Thesis

Police use of tasers is ineffective for achieving justice for victims, offenders and society when discretion is misused.

Body 1
Explain

• What are tasers?

• Why are they used (purpose)?

• When can they be used? 

  • Legislation guidelines (231 of LEPRA)

• Potential to be a less lethal mechanism of power, but due to misuse of discretion, limits justice.

Body 1
Roberto Curti - Evaluation

• Coroner - “power was abused”

• Involved a non violent offence -> use was disproportionate leading to fatal outcomes 

• Police repeated use -> reckless use of device escalated harm, violating rights of offender [dangerous without appropriate judgement]

• Coroner said power was abused -> use not legally justified, undermining effectiveness of justice system for victims and society

Body 1
2012 Ombudsman Report - Evaluation

• Increase in tasers (police discretion) = higher risk of inappropriate application 

  • Undermines principles of justice / public trust

• Misuse endangers individuals  

• Lowers societal trust in justice system 

• Denies justice for:

  • Offenders who may suffer unnecessary harm

  • Victims, who rely on fair policing 

  • Society’s trust in legal system

Body 2
Thesis

Police use of OC spray is ineffective for achieving justice for victims, offenders and society when used excessively by police.

Body 2
Explain

• What is OC?

• Why is it used (purpose)?

• When can it be used? 

  • Legislation guidelines (2019 NSWPF Training Manual for the OC Defensive Spray)

• Used as a last resort for self-defense or by law enforcement to safely control violent or dangerous situations without causing long-term harm, but due to excessive force, limits justice.

Body 2
2016 Mentally ill man - Evaluation

• Police used force when he was compliant / non violent -> excessive force violated rights of offender

• Resulted in injury to vulnerable health patient -> meant to be less harmful, but wasn’t, undermining its purpose limiting society’s trust in police fairness

Body 2
30% of OC use not violent/resisting - Evaluation

• Excessive use results in added physical (and potential long term) psychological, harm breaching offenders rights.

• When excessive force is normalised, a culture of impunity is created, weakening police accountability and societal trust in the justice system. 

Body 3
Thesis

 Limited police training in the use of force compromises the ability of officers to perform proper discretion, making use of force ineffective in achieving just outcomes for VOS.

Body 3
Explain

• Police receive training (discuss what training includes) for their authorised use of force user LEPRA

  • Reports show this is often not sufficient 

• Without adequate training, officers rely on instinct, meaning officers may misuse discretion and apply unnecessary force especially on vulnerable individuals

Body 3
Stanley Russell - Evaluation

• In this case, vulnerable individual was harmed unnecessarily, due to insufficient training -> fatal outcomes, denying fair treatment under the law

• Insufficient training can lead to unjustified use of force

• Offenders w/ mental health issues subjected to added force due to police inability to use manage such situations 

• Victims lose trust in system when force is used as default response

Society’s confidence undermined due to poor police training / excessive force during preventable situations

Body 3
Claire Nowland - Evaluation

• Highlights gap in police training in handling vulnerable individuals (exceptional circumstances)

• Risk of excessive force on offenders when officers lack de-escalation skills

• Raises public (societal) concerns regarding police preparedness