Monday, December 30, 2019
Jean-Louis David and Jean-Jacques Rousseau Essay - 1376 Words
Jean-Louis David + Jean-Jacques Rousseau Question : In what ways and to what extent is an understanding of historical context important in approaching the works of (a) David and (b) Rousseau? The Lictors Returning to Brutus the Bodies of his Sons, is a painting by the French artist Jean-Louis David in 1789. Having led the fight which overthrew the monarchy and established the Roman Republic. Brutus tragically saw his sons participate in a plot to restore the monarchy. As a judge, he was called upon to render the verdict, and without hesitation condemned his two sons to death. The full title of this work is Brutus Returning Home after having Sentenced his Sons for Plotting a Tarquinian Restoration and Conspiring against Romanâ⬠¦show more contentâ⬠¦This was not an uncommon reaction towards Davids art at the time. However, the painting was restored to a place of honor by Baudelaire, who wrote : This painting is Davids masterpiece and one of the great curiosities of modern art because, by a strange feat, it has nothing trivial or vile. What is most surprising in this very unusual visual poem is that it was painted very quickly. When one thinks of the beauty of the lines, this quickness is bewildering. This is food for the strong, the triumph of spiritualism. Davids artwork did not just involve the use of pretty colours. Many of his paintings beared powerfull meanings, historically and politically. Culturally they had a huge impact on social activity during the French Revolution. The story of Brutus was popular with educated sections of the French public during the eighteenth century. Voltaires play Brutus, was performed on stage from 1730. In November 1790, the first two performances of a revival of Brutus at the National Theater in Paris took place. At the second performance of the revival, a stage tableau of Davids painting was acted out at the moment when the death of Brutus son was announced. Like his later Death of Marat, Davids Brutus can be seen as a representation of a kind of political heroism in which the best interests of society are put before those of the individual. His painting also appeared at a time when a general dissatisfactionShow MoreRelatedThe Age of Reason1424 Words à |à 6 PagesThesis: To discuss the philosophers who participated and had an affect in The Age of Reason. OUTLINE I. David Hume A. Contributions to the Age of Reason B. Who and what influenced him II. Jean Jacques Rousseau A. What he believed in B. Who influenced him III. Claude Adrien Helvetius A. Influences B. Reasons for contribution IV. Immanuel Kant A. How he made a difference B. Why he made a difference C. What caused him to make a difference V. Johann Fichte A. Influences Read More Age of reason Essay1294 Words à |à 6 Pagesmankind, and the progress in knowledge. Each philosopher had his own ideas and theories about the world, nature, and human beings in general, and every philosopher wrote many essays and books about their own personal ideas and opinions (Sartre4). David Hume was born in Edinburgh, Scotland on May 7, 1711. Educated at home and then at the University of Edinburgh; here he studies law but then decides to pursue an independent study of his own ideas (Sartre 132). nbsp;nbsp;nbsp;nbsp;nbsp;From 1734Read More Rousseau and Duty to the State Essay1310 Words à |à 6 Pages It is generally agreed that the great philosopher Jean-Jacques Rousseau and the artist Jacques-Louis David had played a great role in serving and supporting the French Revolution, in addition to, showing their devotion to their state and explore the notion of duty to the state each one by his own special way. The great philosopher Jean-Jacques Rousseau had inspired the revolution by his argument and ideas that was based on Reason. He played a great role in exploring the notion of duty toRead MoreThe Scientific Revolution And The Enlightenment1528 Words à |à 7 Pagesminds are illuminated by the light of Science. Out of the Enlightenment come two very different philosophers. Mary Wollstonecraft and Jean-Jacques Rousseau had two very different ideas regarding the rights and opportunities of both men and women. While both argued that society oppressed human kind, Wollstonecraft argued that men were oppressing women while Rousseau felt that women exist in order to serve man. Mary Wollstonecraft believed that in order to keep society from becoming materialistic andRead MoreHum Quiz1302 Words à |à 6 Pagesthe philosophes alienate themselves from the Church? Intolerant of hierarchy and ritual 4. Why does Fragonard paint the young lady in The Swing as losing a shoe? To symbolize virginity loss 5. Why do many of Fra To validate her role as Louis XVs most trusted advisor 6. Why in the mid-eighteenth century did art criticism begin? To enable tourists to appreciate and understand art 7. Why is the music that arose in reaction to the Rococo called classical? Its symmetry, proportionRead MoreImpact Of The Enlightenment On Modern Political Thought1841 Words à |à 8 PagesDavid Wolkoff English 9CP/Western Civ. Mrs. Orens/Mr. Reiss April 1, 2016 The Impact of the Enlightenment on Modern Political Thought The philosopher John Locke once said, ââ¬Å"[g]overnment has no other end, but the preservation of propertyâ⬠(ââ¬Å"John Lockeâ⬠). à The social contract is the fundamental basis for modern government. à This idea affects everything we believe a modern state should represent for itself and its people. à This way of understanding the role of government was inspired by the writingsRead More The Influence of Jean Jacques Rousseau Essay1247 Words à |à 5 Pages Eighteenth-century philosopher Jean-Jacques Rousseau influenced many French revolutionaries with his ideas. In the time of the Enlightenment, people believed that humankind could progress and improve through the use of reason and science. One of them was French artist Jacques-Louis David, who was official artist to the French revolution (p158, Blk 3). Just as Rousseau had used his publications to reflect on his ideas, David had used art as a media to reflect the ideas and values of the societyRead MoreThe Enlightenment And The American Revolution2027 Words à |à 9 PagesThe Enlightenment and the American Revolution Everyone knows the story of how America came to be. It was similar to David versus Goliath, the American colonists against the potent England. England at the time of the Revolution, boasted the largest and most powerful fighting force in the history of the world. The Americans were rebellious country-cousins who wanted freedom from what they regarded as a capricious and tyrannical paternal England so they could govern themselves. The result was AmericaRead MoreFactors Leading To The French Revolution Essay1084 Words à |à 5 Pagesââ¬Å"Man is born free, and everywhere he is shackledâ⬠1 were the famous words of French Enlightenment thinker Jean Jacques Rousseau, but these simple words are also an example of the feelings and inevitable reality of most French people during the late eighteenth century. It was the writers, thinkers, and philosophers like Rousseau whose principles shaped the beginning of a monumental movement throughout Europe which eventually led to the French Re volution. The Enlightenment, also known as the Age ofRead MoreTest Corrections1937 Words à |à 8 Pagesanswered e. Rousseau which is incorrect because although Rousseau favored republicanism as stated in his The Social Contract, he never really made the distinction between the three branches of government. The correct answer is a. Montesquieu because he made the distinction of dividing the ââ¬Å"administrativeâ⬠powers into executive, legislative, and judicial branches. 14. Voltaireââ¬â¢s statement ââ¬Å"Ecrasez lââ¬â¢infameâ⬠(crush the infamous thing) refers toâ⬠¦ I answered a. the government of Louis XIV which
Sunday, December 22, 2019
Analysis Of Mary Shelley s Frankenstein - 966 Words
Many of the ideals proposed in Frankenstein, written in the late nineteenth century by Mary Shelley, can be applied to modern day practices. She proposes that an abundance of knowledge and technology can be threatening to individuals and all of humanity if used incorrectly. Shelley s novel provided society with philosophical insight of the impact of morally questionable scientific and technological research. The popular belief of how Frankenstein came to be written is explained in the introduction to the novel by Shelley herself; who states her and her husband, Percy Shelly, set themselves the task of creating the scariest horror story ever written. It is also believed that England was on the threshold of leading the Industrial Revolution in Europe at the time the novel was written. Industry experiments carried throughout England in the 18th century were critical in the conversion of England into an industrialized country. This developing age of technology in Europe may have had a he avy influence on the Shellyââ¬â¢s thoughts throughout the novel. According to Shelly, the short story she devised was constructed on the experimental assumption at the time that electricity could be the initial building block of life. The development of science and industrialization during this time was a sign that the mind was no longer primitive and people were moving to a more modernistic way of thinking. Victor Frankenstein, the creator of the monster, had an obsession with the power toShow MoreRelatedAnalysis Of Mary Shelley s Frankenstein1411 Words à |à 6 PagesIn the early 1800s Mary Shelley set pen to a paper and started to develop a novel that little to her knowledge would become world renowned. In 1818 she finished and published the novel to sell to the European public. The novel caught the world off guard in the way that a female was able to write about such harsh, dark, and evil things in a European society whose authors like John Locke and Charles Montesquieu prea ched enlightenment, self exploration, and individualism all in an optimistic enablingRead MoreAnalysis Of Mary Shelley s Frankenstein1615 Words à |à 7 Pagesa whole and how accurate a depiction they might think it to be, they will miss out on many of the qualities of the painting that reside below the immediately apparent surface level. Mary Shelleyââ¬â¢s Frankenstein is a text dedicated to expounding upon the dangers of such superficial analysis. In Frankenstein, Mary Shelley openly condemns the surface level and appearance oriented methodology under which the human mind operates. The very protagonist of the novel is inspired solely by reputation and howRead MoreAnalysis Of Mary Shelley s Frankenstein 1758 Words à |à 8 PagesFrankenstein was published over 200 years ago. Ever since it was published, it has been one of the most famous books known to literature. History.com Staff states that this book, by 21-year-old Mary Wollstonecraft Shelley, is frequently called the worldââ¬â¢s first science fiction novel (History.com Staff). According to Wikipedia, Shelley was an English novelist. She was born August 30th, 1797. She died on February 1st, 1951 (Wikipedia). Shelley came up with the idea of Frankenstein as she andRead MoreBiblical Analysis Of Mary Shelley s Frankenstein 1376 Words à |à 6 PagesLiterature 16 November 2015 Biblical Analysis: Frankenstein Frankenstein by Mary Shelley often refers to the bible on a number of occasions. However, it is worth noting that many references used by Mary Shelley in Frankenstein can often be identified in Genesis. Much like Genesis, the story of Frankenstein is a viable creation story. The book of Genesis first explains the creation of man and woman, and also recounts the fall of humanity. Unlike Genesis, Frankenstein begins with the fall of humanityRead MoreAnalysis Of Mary Shelley s Frankenstein And Frankenstein1410 Words à |à 6 Pagescompassion and sympathy through the love of a person whom cares very deeply about them. In Frankenstein by Mary Shelley, the three main characters Robert Walton, Victor Frankenstein and Frankenstein (The Monster) are shown throughout the story, longing and in search for a companion. Throughout the story, the characters struggle with the battle of wanting either sympathy or compassion from a person or both. Mary Shelley shows the true indication of Human Nature by showing the importance of sympathy andRead MoreAnalysis Of And Mary Shelley s Frankenstein 1682 Words à |à 7 Pagestexts;â⬠(ââ¬Å"intertextâ⬠def. 1), meaning that intertext is when a text is better understood by having knowledge of the text that it alludes to. In Mary Barton, Elizabeth Gaskell uses intertextuality to further demonstrate key concepts present in the text by alluding to works of other famous authors, well known biblical passages, and Mary Shelleyââ¬â¢s Frankenstein. By doing this, she effectively shows how the relationship between the working class and the middle to upper class must be compassionate and understandingRead MoreAnalysis Of Mary Shelley s Frankenstein 1402 Words à |à 6 Pagesof literature during the Romantic Period is the novel, Frankenstein. This intelligent work of art was written by Mary Shelley. Shelley was born in London on August 30th, 1797 and died on February 1, 1851. People from all around the world have heard a bout the monster created by the one and only Victor Frankenstein; also known as the worldââ¬â¢s maddest scientist that has ever lived in the fictional world. As many people do not know, Mary Shelley subtitled her book ââ¬Å"Or, The Modern Prometheus?â⬠This gothicRead MoreAnalysis Of Mary Shelley s Frankenstein 1589 Words à |à 7 PagesExtended Response (Q2) - Frankenstein By Mary Shelley Rachel .Corrie The perspective, from which a story is told, causes an influential response from readers to certain issues, characters and conflicts that are found in literary texts. Mary Shelleyââ¬â¢s gothic novel, Frankenstein, was published in 1818 and tells the story of a scientist known as Victor Frankenstein who reanimates life in an unethical science experiment. In this novel Walton, Victor and the creature tell their sideRead MoreAnalysis Of Mary Shelley s Frankenstein 1554 Words à |à 7 PagesMadison Franklin English 203 Echols 20 October 2014 Revenge on Mankind In Mary Shellyââ¬â¢s Frankenstein, the being created by Victor Frankenstein has been cast out due to his horrid appearance and the gruesome way in which he came to be. The monster finds refuge in a hovel next to a small family living in Germany. One day he notices a leather satchel in the yard, he quickly gathers the satchel and its contents and returns to his hovel. The bag contained strictly books, one of them being John Miltonââ¬â¢sRead MoreAnalysis Of Mary Shelley s Frankenstein 790 Words à |à 4 PagesI think this novel is pretty realistic in some ways. Before I read the book, I thought the story would just about the monster named ââ¬Å"Frankensteinâ⬠. However as I read through it, I started to think the author Mary Shelley had pretty good sense of looking future. Maybe during nineteenth century, this book may sound ridiculous and unrealistic. However it is not a surprise if you see a clone of a certain animal or biologically modified products. Some fruits suc h as cherry tomatoes did not even exist
Saturday, December 14, 2019
Baby Development Free Essays
This paper provides an in-depth look at the findings of an Adult Attachment Interview (AAI) with a toddlerââ¬â¢s parents in combination with an intricate observation of the same child. Throughout the course of this paper, it is interesting for the reader to compare and contrast the strong Chinese culture at play within this family to that of their own heritage. The observation of the child was naturalistic meaning there was no contact or attempt to alter the activities by the observer and it lasted thirty-minutes with each minuteââ¬â¢s findings noted separately on the enclosed table. We will write a custom essay sample on Baby Development or any similar topic only for you Order Now The AAI consisted of eighteen questions which are intended to provide a sense of understanding of the parentââ¬â¢s experience with their own mother and father while when used with the observation of the child can help to offer a clearer picture of their parenting. There are three definitions of each, parents and children, which can be used to categorize them. These include for the child: secure, insecure-ambivalent, and insecure-avoidant; and for adults: secure-autonomous, dismissing, and preoccupied. The supporting statements that categorize each of these definitions have been carefully considered in determining which rightfully defines the parents and child in this particular case. Commentary Section During the thirty-minutes that the infant, Kevin, was being naturalistically observed in his parentsââ¬â¢ home, a vast majority of his activity revolved around self-stimulation with toy cars with very little interaction with his mother who was also present. Of the three categorizations for an infantââ¬âsecure, insecure-ambivalent, and insecure-avoidantââ¬âI would have to say, based on the short amount of time spent with him, that Kevin showed more signs of being a secure child. This conclusion comes from monitoring his activity and interactivity with his mother in combination with things that were said and his mannerisms. The observation began with Kevinââ¬â¢s mother introducing three toy cars of differing sizes making the young boy incredibly excited. She obviously brought the toys in order to make the child happy, which shows that she is caring. Kevin was unable to verbally communicate clearly. However, the noises that he did make seemed to be joyful and very animated, mostly ââ¬Å"ya, ya. â⬠Initially, Kevin showed slight hesitation in his ability to play with the toy car and his mother, upon instantly recognizing this, got up from the sofa and selected a car to demonstrate to him a fun way to use the toy. In doing so, to further substantiate my feeling that he is a secure child, he made no fuss at her grabbing a toy and was perfectly happy with her showing him what to do. Some children in this situation may have thrown a tantrum feeling insecure as though the parent was going to take the toys away or control the activity in some way. About fifteen minutes or so into the observation Kevin begins knocking on the floor with the cars. His mother informs him of the elderly lady living below the apartment and how she does not like when he makes such loud noises. Ignoring the lengthy explanation he continues to knock out of lack of comprehension. His mother stands and once Kevin sees that her facial expression is one of displeasure he immediately stops knocking as the visual is something that he is able to recognize. As if the child is checking to see whether or not his mother is terribly upset, he goes to her clutching all three of the toy cars against his chest and says ââ¬Å"ma, ma. â⬠She responds with a smile and a ââ¬Å"yes, honey? â⬠He instantly giggles as he realizes that he is not in trouble but was merely scorned for his action at the time. Seeing as how he went to his mother right after the minor incident shows me that he is comfortable enough with her to run back to her immediately after she scolds him. Their relationship appears to be one of happiness and understanding for one anotherââ¬â¢s needs and wants. Kevinââ¬â¢s mother was born and raised in Xiââ¬â¢an, which is the capital city of Shanxi province located in northwest China. When she was younger, she explains that both of her parents worked full-time, her mother as an accountant and her father for the Chinese government. She was not the only child; she also had a sister who is two years her junior. She graduated from the Xiââ¬â¢an Institute of Foreign Language and came to the United States to attain her MBA when she was twenty-three years old. She describes her parents as being extremely busy throughout most of her childhood as far back as she is able to remember, but she does not see it as being a problem with their relationship. She describes her mother as the kind of person she would like Kevin to think of her as when he is older: intimate, warm, casual, relaxing, and caring. Every free minute that she had available was spent with her and her sister. Based upon the way that Kevin has responded to his motherââ¬â¢s discipline throughout the course of the observation, it seems as though he does not suffer from what psychologist Kagan refers to as behavioral inhibition, which often leads to anxiety in later years. In his research, he has acknowledged the fact that per attachment theory, an infant, in this case Kevin, will become bonded to his mother or whoever provides care to him on a daily basis within the first year. It is, though, the ââ¬Å"individual differences in the secure versus insecure quality of attachments [that] have been observed, resulting from differences in the caregiverââ¬â¢s availability and responsiveness to the infant and the degree of reciprocity between the infant and the caregiverâ⬠(Shamir-Essakow, Ungerer, and Rapee, 2005). Kevinââ¬â¢s mother has vowed to take traumatizing experiences of her past and avoid putting her child through them so that he can develop into a more secure toddler and eventually adult. One of the questions asked of Kevinââ¬â¢s mother during the Adult Attachment Interview (AAI) was about a time that she remembers being separated from her mother, whom she stated she was closest to growing up. She told me of a time when her mother went away for business when she was almost seven years old. She and her sister waited outside everyday while their mother was away, hoping that she would return soon. Finally, when she did come back she cooked a large meal for the entire family as a way to make up for her absence. Seeing as how this is something that left a lasting impression on her, it seems that she displayed some separation anxiety while her mother was away, but since her mother returned rather than abandoning her it is highly likely that any future trips caused her and her sister far less stress. Knowing how her mother leaving negatively affected her and her sister at such a young age it is probably unlikely that she will accept any requests for leaving Kevin for an extended period of time, at least until he is old enough to understand that she will be coming home. Although he does seem secure overall, he did show great affection toward his mother and it is apparent that she would be greatly missed should she leave. As far as her disciplinarian responsibilities with Kevin, she takes cues from her parents. In the interview, she stated that her parents were never threatening whether it was in a joking or serious manner. Yet, she mentioned that her confidence and self-esteem levels are lower than she would like and attributes that aspect of her adult life to the lack of compliments and praise received by her parents as a child. During my observation, when Kevin repeatedly knocked the cars onto the floor, his mother was stern but not condescending or threatening whatsoever. She simply gave him a look to let him know that she was not happy with his present behavior and he stopped out of an obvious subconscious respect for his motherââ¬â¢s wishes. This is an insecurity that she had as a child that she is trying not to pass down to Kevin. By communicating with him and interacting with him she is definitely not displaying characteristics of a parent who would be considered preoccupied or dismissing. In Mahlerââ¬â¢s object-relational theory of child separation-individuation, he explored this sort of relationship between parents and their children and looked further down the road to disclose the affects it would have on them in adolescence. From his work on the subject, others have determined that it is ultimately the way that an individual is able to learn how to balance ââ¬Å"closeness and distance in interpersonal relationships appears to have implications for a host of adjustment and psychosocial outcomes, including self-esteem, quality of family relationships, success in peer relationships, and level of depression and anxietyâ⬠(Holmbeck and Leake, 1999). These are all aspects of developmental life that can be either negatively or positively affected at early stages in Kevinââ¬â¢s life should his mother do too much to avoid a natural separation. It is difficult to balance and control actions in parenting so that a child grows up to be an independent, self-sufficient adult who is able to recognize and pass on similar traits to their children and so on. There is no doubt that a parent who is constantly dismissing their child or is clearly preoccupied a majority of the time will have negative effects on their child at some point later on in their life. This can be seen in the way that Kevinââ¬â¢s motherââ¬â¢s parents dealt with her in certain situations. Granted, after returning from the business trip she made up for her absence in the eyes of her children, an underlying cut was perhaps made. Furthermore, the lack of compliments and praise has obviously made an impression on her into adulthood. Young people are very perceptive, much more than adults give them credit for. Though their actions may not reveal the hurt and slight damage that is being caused, in the long run it may be apparent and those actions blamed after-the-fact. Kevinââ¬â¢s mother has taken these deficiencies and altered them to suit her desires as a parent. Based on her experiences, she has come to realize that her child needs as much physical contact as possible; including kissing, hugging, and just being held. However, the difficulty comes in balance, if Kevin is coddled too much it may also negatively affect him later in life making him into an extremely dependent adult who constantly craves attention and lacks the self-sufficiency to handle grown up problems on his own. However, praise comes with little consequences as long as discipline is fairly and consistently provided. She has come to realize that praising Kevin on a regular basis when he does things that she would like to see him doing leads him to continually act in such a manner in the future. In the interview she mentioned how overprotection has affected her and vows to allow Kevin to be exposed to the realities of the world around him to better prepare him for life on his own, which is ultimately what parenting is all about. Overall, this project was an extremely beneficial experience for me. It helped me to learn how insecure parents can sometimes raise an insecure child who becomes a far more secure and autonomous parent raising a secure child based on their own experiences growing up in combination with their cultural background. This is revealed as truth in research developed by Ainsworth that found ââ¬Å"that maternal behavior toward the infant is the critical determinant of infant attachmentâ⬠(Lowinger, Dimitrovsky, Strauss, and Mogilner, 1995). When he grows up, he will have a much more positive relationship with his mother than perhaps his mother has with her own. The future appears to be bright for little Kevin who has seemingly found a healthy balance between freedom and dependency. How to cite Baby Development, Papers
Friday, December 6, 2019
Use of Force and the Constitution free essay sample
U. S. Constitution and Use of Force David Baxter CJ400 Constitutional Law in Criminal Justice Park College September 25th, 2010 Table of Contents Introduction 3 Ideologies Affecting Police Use of Force 4-6 Public Climate Regarding Use of Force 6-8 Law Enforcementââ¬â¢s Position Regarding Use of Force 8-12 Societal Implications 12-13 References 14-15 Introduction The prison escapee broke into the house while the owner was away and stole some food, pain pills, and a loaded handgun. During the night, he dodged the sounds of hounds approaching. He was dead set on getting away at any cost, even if it meant he had to kill an approaching officer. After a few days, the officers finally had him cornered, he had nowhere to run. The run from the law that had started with a break from prison was about to end on a city street. The man on the run sees the officers in broad daylight and as he turns to run, he is met by a hail of gun fire and falls over dead. At the scene, law enforcement quickly converges on the scene, trying to keep onlookers away. It is determined that the man was shot by as many as 17 rounds, but there is no public outcry, no claim of excessive force, and no one suing the officers. The story illustrates a use of police force in America, at a different time, a time when the United States Constitution was still young and the political scales was tipped toward justice, preservation of peace for the community, and punishment for those who breached that peace. How the times have changed, the political correctness that exists in ur modern times shows a societal shift of epic proportions, for the safety and greater good of society has been trumped by the rights of individuals and the due process of the law . There are many issues that come to mind when thinking about police use of force, the Constitution, and the political and societal climate of today. This work seeks to examine four matters in which the U. S. Constitution has played an important part in defining and creating: 1) Ideologies affecting police use of force. 2) Public climate regarding use of force. 3) Law enforcementââ¬â¢s position regarding use of force. ) Societal implications. Ideologies Affecting Police Use of Force The U. S. Constitution was created by the people, for the people. Regardless, the founding fathers of this country saw fit to adopt many of the century old practices and laws of their common law brethren. Whether done out of respect, need, or reasons unknown, the Constitution is the successor, however evolved, of the laws that governed England. The idea of individual liberty and the effect of governmental intrusion were stated best in a speech by President Woodrow Wilson: Liberty has never come from the government. Liberty has always come from the subjects of government. The history of liberty is the history of resistance. The history of liberty is a history of the limitation of governmental power, not the increase of it (Woodrow Wilson, speech, Sep. 1912). While the government can intrude on individual rights, it is up to the people to ensure that certain rights are protected from such intrusions. The Constitution has attempted to keep with the aforementioned ideology, but it has seen many changes since the inception of this country. No changes have been more apparent within our society than the changing ideas of police use of force. As early as the twelfth century, common law allowed the use of deadly force to capture a felony suspect (Amendment IV to the Constitution, West Encyclopedia of American law, as cited in Answers. com). This law was in place for several reasons. The main reason was because not many felonies were committed at that time and the ones that were, were usually punishable by death, therefore, killing a felon was seen more as ââ¬Å"â⬠¦ implementation of the eventual penalty for their offensesâ⬠(Ferdico et al. 2009, p. 338). The other reason had more to do with lack of trained police forces, technology, and weapons. (Amendment IV to the Constitution, West Encyclopedia of American law, as cited in Answers. com). This changed however, fast forward to our modern age and a large number of crimes are now considered felonies and the majority of these crimes are not punishable by death. Mod ern weapons and trained police forces are now in place to deal with criminals on all levels (Ferdico et al. , 2009, p. 338). The defining moment for how law enforcement perceived and used force against resisting or fleeing felons came with the decision in Tennessee v. Garner, 471 U. S. 1 (1985). This decision set the tempo for, not only restricted use of deadly force by law enforcement, but a change in the overall premise of what is considered the righteous use of force by law enforcement officers. Garner, a burglary suspect fleeing from a Memphis Police officer, was shot and killed and from the common law approach the use of force would have been completely justifiable (Ferdico et al. , 2009, p. 39) However, the lawsuit broke ground, because it asserted that Garner was ââ¬Å"â⬠¦unconstitutionally seized in violation of the Fourth Amendment because the use of deadly force against him was unreasonable under the facts and circumstances of the caseâ⬠(Ferdico et al. , 2009, p. 339). The court ruled in favor of Garner, thus forever changing the common law premise. The premise that arises from the Gar ner ruling is that the stateââ¬â¢s interest in capturing a felon does not trump the unarmed and non- dangerous interest the suspect has in living. Therefore, Law enforcement across the country had to change the way they did business. Following the Garner decision, another important chapter in use of force ideology development was Graham v. Connor. In Graham v. Connor, 490 U. S. 386 (1989), the court held that law enforcement officers have to be judged under the standard of reasonableness as set forth from the 4th Amendment. The decision determined that the ââ¬Å"reasonablenessâ⬠of an officerââ¬â¢s actions should be determined by the severity of the crime, the immediate threat that the suspect poses to citizens and/or the officers, and whether the suspect is actively resisting or fleeing (Graham v. Connor, 490 U. S. 386 (1989)). One innate problem with the reasonableness standard exists. If 20 people were asked to determine what is a reasonable amount of force to affect an arrest or detain an individual; there may very well be 20 different opinions on what is reasonable and what is not. In fact, Graham even notes the ambiguity, Because the test of reasonableness under the Fourth Amendment is not capable of precise definition or mechanical application ts proper application requires careful attention to facts and circumstances of each case (Graham, 490 U. S. , at 396). In addition to establishing the reasonableness standard, Graham v. Connor and other cases such as, Illinois v. Gates, 462 U. S. 213 (1983), helped decide ââ¬Å"all uses of force, deadly and non-deadly, are to be judged by the totality of the circumstanceâ⬠and ââ¬Å"â⬠¦those circumstances known to the officer at the time the force was used without the benefit of 20/20 hindsightâ⬠(Ryan, 2009, p. 6). Nevertheless, this standard continues to be applied today and is used to help determine whether or not an officerââ¬â¢s actions are within the boundaries of the Constitution and the 4th Amendment. The evolution from common law to todayââ¬â¢s modern standard of how police use force has led to increased sensitivity within the political arena and the publicââ¬â¢s opinion. Public Climate Regarding Use of Force As the police sergeant sat listening, the woman explained that she was a single mom, in her mid-forties, with two kids. He continued to take her complaint as she described how threatened she felt by all the officers. She demanded something be done about how she was treated. The grievance filed against the officers was not for racial profiling, harassment, or even the slightest violation of her Constitutional rights; the complaint was because she felt threatened by more than one police unit behind her while she was being written a ticket for running a stop sign. This scenario illustrates, on a small scale, the publicââ¬â¢s general perception of police use of force. There are many underlying factors at the core of todayââ¬â¢s viewpoint on use of force. First, police have maltreated the publicââ¬â¢s trust. There exist a great number of cases involving police use of excessive force. Of course the Rodney King incident comes to most peopleââ¬â¢s mind when discussing the misuse of police force. This incident shocked the conscience of a city, nation, and perhaps the world. The subsequent aftershocks of Kingââ¬â¢s beating resulted in the LA Riots ultimately cost over a billion dollars and the deaths of 58 people along with as many as 2,000 injuries (Time, 2007). Another incident that highlights a sadistic misuse of public trust is the incident involving the sexual abuse of Abner Louima by NYPD officer Justin Volpe and other officers. Officer Volpe was sentenced to 30 years in for the assault and the attack incited angry demonstrations by thousands of people (BBC News Online, 1999). These misuses of police force are not only crimes against the U. S. Constitution, but crimes against humanity and the human spirit. When these violations of peopleââ¬â¢s rights occur, it slowly tears down what little trust has been built between the police and the community. These incidents of police abuse, in the digital age, have instant coverage in all parts of the globe. The ability for people to instantly see police using force is another factor that has contributed to the court of public opinion. In todayââ¬â¢s society, the media influences every part of modern life, from the publicââ¬â¢s intrigue of watching real-life entertainment to helping sway the outcome of presidential elections. Policing in the modern video age has changed the publicââ¬â¢s perception of police and how they do their job. Most everyone has seen countless use of forces, arrests, police shootings, and pursuits, the issue with this is that none of it is real; it is TV shows and movies (Johnson, 2007). After repeated exposure to fictional scenarios of force, such as bullets knocking people down and seeing suspects knocked out with a simple punch, the public gets condidtioned to seeing the nice , clean cut police arrest with little collateral damage. The publicââ¬â¢s obsession with ââ¬Å"real lifeâ⬠on film , has everyone becoming an expert and an arm chair quarterback . Warren Richey, a staff writer of The Christian Science Monitor, exhibits an attitude that is prevalent among many persons in the United States when he states: To what extent police may use a stun gun against someone who is not actively resisting arrest but who is passively refusing to obey a police command. To some officers, such refusal is a form of resisting arrest and constitutes grounds to shoot 50,000 volts of electricity into that persons body in five-second bursts (Richey, 2009, p. 2). The public also knows that the courts have a loathing for seconding guessing a police officerââ¬â¢s decision, because of the uncertainty of the stressful situations that they deal with and concern over setting legal precedent that might influence or steal Constitutional police power. This has added fuel to the fire of public opinion. The public has valid concerns over the ever increasing, illegal use of police force. The pervasive attitude that now exists is seen in peaceful demonstrations, violent riots, and never-ending lawsuits against police officers. This attitude toward use f force is only one side of the controversy, police officers deal with the issue first hand, everyday. Law Enforcementââ¬â¢s Position Regarding Use of Force There is no doubt that law enforcement officers have a dangerous and difficult job. The public expects officers to be tough and aggressive enforcers of the law, yet have complete control of their emotions and actions. Officers are aware of this sta ndard, yet they are human and they make mistakes. The U. S. Commission on Civil Rights, in 1981, noted that: Police officers possess awesome powers. They perform their duties under hazardous onditions and with the vigilant public eye upon them. Police officers are permitted only a small margin of error in judgment under conditions that impose high degrees of physical and mental stress (U. S. Commission on Civil Rights, (1981), as cited in the Journal of Criminal Law and Criminology, 1994). The fact is that in many circumstances, a small margin for error has cost many officers their jobs and has caused some to do prison time. This error in judgment or inability of the officer to shut down the emotions and adrenaline is exemplified in the Rodney King incident. Although Kingââ¬â¢s 4th Amendment rights were violated, the vast majority of the officerââ¬â¢s use of force was ruled legal and well within permissible use of force parameters. While substantial force was used to get king to comply and to lie in the prone position, only the last few blows were actually ruled illegal and lead to criminal liability. This was the case, because King had finally complied with the order to assume a prone position and submit to handcuffing when the last few blows were thrown (United States v. Koon, 833 F. Supp. 769 (C. D. Cal. 1993), affââ¬â¢d in part, 518 U. S. 81 (1996)) as noted in (Wallentine, 2007). Once again for police officers doing their job, the line between rigteous use of force and criminal liabilty was very fine. A look into an officerââ¬â¢s perception of use of force would not be complete without the opinion of an experienced street officer who knows first hand about the application of Constitutional righteous use of force when effecting an arrest. Take for instance the real world example of Steve. Steve has been a police officer for 10 years and a defensive tactics trainer for five of those years. He works for a large size city in Arkansas and his interview gives the reader a glimpse of the kind of reality that exists for law enforcement on a day to day basis. Interviewer: What do you consider a use of force? Steve C. : For me, police use of force is simply me being there in uniform or pulling up in my patrol car. This is when use of force starts, because that is when citizens start to perceive you and the fact that you are in charge of a situation. Interviewer: I see, so you believe use of force starts the minute people recognize you as a police officer. How often do you have to use force in a police situation? Steve C. : All the time, because like I said, an officer in uniform is force, but the average Joe public doesnââ¬â¢t think that is use of force. I definitely articulate my presence and peopleââ¬â¢s demeanor in my reports. Interviewer: Ok, I get what you are saying, so how often do you use physical force? Steve C. : Not very often, in general, people think that the police constantly have to wrestle, fight, and use a large amount force, but the honest truth is our professional demeanor, articulate use of communication, and safety in numbers reduces the amount and the number of times we have to use force. Interviewer: Ok, you mention safety in numbers, what is that? Steve C: A citizen may be pulled over for a traffic violation, simple speeding. The initial officer notices the windows a little more tinted than normal and he radios for another officer to provide back up. There just happens to be a third officer who is not busy, so two other units stand by while the initial officer writes the ticket. That is safety in numbers. Interviewer: I see, but the general public may view that differently than the officer in general, correct? Steve C. Yes they always do, they think they are getting picked on, but the truth is we donââ¬â¢t know who we are stopping. I could have just stopped two cars earlier in my shift that had felony warrants on them. Sometimes you have days like that, so you are always cautious. Interviewer: Do you ever think about making the right decisions and applying Constitutional requirements when using force? Steve C. : Every officer, that is a professional, wants to do the right thing, but I donââ¬â¢t think they think of applying the Constitution in every situation. Sometimes, you are just reacting and surviving, especially in high stress use of force situations. Interviewer: Officer thank you for your time and providing insight for this paper. Steve C. : No problem. In general, the courts have sided with officers, knowing that they may face extreme circumstances. The courts have held that even during the use of excessive force, good faith immunity may still be available under some circumstances (Finnegan v. Fountain, 915 F. 2d 817 (2d Cir. 1990)). The revelation that officer Steve B. made in the interview, regarding the infrequency that actual physical force is used is relevant and is backed by proof. In a published study by the Department of Justice, data revealed, ââ¬Å"Known with substantial confidence is that police use force infrequently. The data indicate that a small percentage of police-public encounters involve forceâ⬠(Department of Justice, 1999). The study further goes on to report that the majority of police use of force ââ¬Å" occurs at the lower end of the force spectrum, involving grabbing, pushing, or shovingâ⬠and that the use of deadly force is the force that is used the least (Department of Justice, 1999). Officers have stated that the ability to utilize good communication skills defuses more people than actually hitting them with batons or shooting them with 50,000 volts of electricity. Rarely does the public perceive it this way. The perception of the officer and that of the general public is vastly different and seems to create a divide , a gap that pits the ââ¬Å"us against themâ⬠mentality from advocates on both sides of the issue. What does the difference in indealogies mean for our society? Can this divide be bridged and if so how? Societal Implications The U. S. Constitution has sought stability between individual rights and the security of our society. These lines, at times, have been undeniably blurred. The honest truth is that this is the best we have and most Americans will argue that this is the best system in the world. The Constitution is a living document that is continually evolving to match the demands of our modern society. The changes can be seen by the restrictions placed law enforcement officers use of force on fleeing felons to the changes we see today regarding further 4th Amendment seizures. The public outcry, resulting from shocking use of force abuse and blatant 4th Amendment violation of some peopleââ¬â¢s rights, has been loud and clear. While police departments, internal affairs, supervisors, and everyday street officers themselves have and will publicly denounce blatant misuses of police power, they know that there exists only a small margin of miscalculation. Departments across the country have sought to bridge the gap that exists among the community and police. New Orleans police department, a department riddled with bad cops, corruption, and Constitutional violations, is seeking to change its culture and is doing so by bringing the public on board (McCarthy, 2010). Police have to have an open door policy and for the most part show transparency in the dealings with itââ¬â¢s citizens. Another idea to help bridge the gap would be to openly publish not only crime statistics, but use of force incidents and why they occur. Secrecy breeds suspicion, leading to distrust by the public. Many times a department is involved with using deadly force and fails to communicate to the public why this occurred. Presenting true facts, once the investigation is done, helps the community accepts and heal. Mistakes are unavoidable and when mistakes are made, it is crucial that departments admit error and move on. The public wants to see progress and if errors in judgment, tactics, or for any other reason are made, the department must quickly move to admit and correct the mistake. Sometimes this means more and better training for officers. The court of public opinion is a hard case to win, but educating the public about why officers do what they do will help. Many departments have Citizenââ¬â¢s Police Academyââ¬â¢s for this very reason. Offering basic educational classes on 4th Amendment rights is also another option. Perhaps Woodrow Wilson was correct all along. In order to protect our own freedoms it is the right and privilege of every citizen to be aware of their own rights and to ensure that those rights are protected, not violated. It is clear that no matter what use of force situation law enforcement officers are faced with, it will involve a split-second decision. The public perception is that the officer must be right every single time, but no officer has the time nor means to ensure that an objective test is met every time, under every stressful situation. References Alpert, G P,à ;à Smith, W Cà (Fall 1994). How reasonable is the reasonable man? : police and excessive force. Journal of Criminal Law and Criminology,à 85,à n2. p. 481-501. Retrievedà September 02, 2010,à fromà Criminal Justice Collectionà viaà Gale: http://find. galegroup. com. pegleg. park. edu/gtx/start. do? prodId=PPCJ;userGroupName=morenetpark Amendment IV to the Constitution, West Encyclopedia of American law, as cited in Answers. com). http://www. answers. com/topic/amendment-iv-to-the-u-s-constitution BBC News Online. (1999, Dec 13). NYPD officer jailed for brutality. Retrieved Sep 04, 2010, from http://news. bbc. co. uk/2/hi/americas/563441. stm Department of Justice. (1999, Oct). Use of Force by Police: Overview of National and Local Data. Retrieved Sep 06, 2010, from National Criminal Justice Reference Service: Ferdico. J. , Fradella, H. , Totten, C. (2009). Criminal Procedure for the Criminal Justice Professional, Tenth Edition. Belmont, CA: Wadsworth Cengage Learning. Finnegan v. Fountain, 915 F. 2d 817 (2d Cir. 1990), http://www. ncjrs. gov/pdffiles1/nij/176330-1. pdf Graham v. Connor, 490 U. S. 386 (1989), http://supreme. justia. com/us/490/386/ http://ftp. resource. org/courts. gov/c/F2/915/915. F2d. 817. 89-7832. html Illinois v. Gates, 462 U. S. 213 (1983), http://www. 4lawnotes. com/showthread. php? t=1173 Johnson, J. (2007, April). Use of Force and The Hollywood Factor. Retrieved Sep 04, 2010, from AELE Law Enforcement Legal Center: http://www. aele. org McCarthy, B. a. (2010, May 06). Incoming NOPD superintendent Ronal Serpas faces daunting assignment. Retrieved Sep 06, 2010, from NOLA. com : www. NOLA. com Richey, W. (May 28, 2009). Police Tasers: excessive force or necessary tool?. The Christian Science Monitor,à p. 2. Retrievedà September 02, 2010,à fromà Criminal Justice Collectionà viaà Gale: http://find. galegroup. com. pegleg. park. edu/gtx/start. do? prodId=PPCJ;userGroupName=morenetpark Ryan, J. (2009). Legal Issues: Use of Force/Deadly Force. Indianapolis, IN: Public Agency Traininig Council. Tennessee v. Garner, 471 U. S. 1 (1985), http://supreme. justia. com/us/471/1/case. html Time. (2007). The L. A. Riots: 15 Years After Rodney King. Retrieved Sep 04, 2010, from http://205. 188. 238. 181/time/specials/2007/article/0,28804,1614117_1614084_1614831,00. html Wallentine, K. (2007, Sep 05). How to ensure use of force is reasonable and necessary and avoid claims of excessive force. Retrieved Sep 05, 2010, from PoliceOne . com : http://www. policeone. com Woodrow Wilson (U. S. President, 1913ââ¬â1921, Speech at New York Press Club 9th September 1912); http://isocracy. org/node/43.
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