Tuesday, July 12, 2011

Using Force to Maintain Social Order

A government's use of force to maintain social order is sometimes justified.
Describe a specific situation in which a government's use of force to maintain social order might not be justified. Discuss what you think determines when a government's use of force to maintain social order is justified and when it is not.
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Governments employ force to varying degrees in order to maintain social order, as well as their hold of power. Specifically, they use law enforcement agencies, such as the police departments, National Guard, and DEA, to ensure that people obey the laws and act as responsible citizens. Such agencies employ force to detain and arrest suspects, quell riots, and prevent people from hurting others, among other reasons. However, in the United States, government use of force can be employed to a limited extent based on parameters established by Constitutional, statutory and case law.

Governments need to have the right to use force as a way to keep society running smoothly. Without the power of force, governments cannot effectively enforce laws and prevent a state of anarchy. Without the threat of physical force by law enforcement agencies, many people will be inclined to do as they wish in order to fulfill their selfish desires, such as trampling on the rights of other people. Of course, physical force includes a range of acts. Among the most implemented uses of force include temporarily detaining someone who has been suspected of a crime, frisking someone who might be carrying a weapon or placing someone in prison after being convicted of a crime. In other countries, the use of force may be considered extreme to Western eyes. In Singapore, for example, people are caned for vandalism. Those convicted of petty theft in certain Arab nations have their fingers cut off. In the United States, such uses of force would be considered violations of human rights.

The amount of force a law enforcement officer may use has been delineated through time in the courts. First, the US Constitution protects citizens from inappropriate government intrusion of their rights. These rights include, among others, freedoms of speech and religion, as well as protection for defendants from "cruel and unusual punishment." Use of force has also been limited in statutory and case law, which helped define what constitutes force violating citizens' rights. To put it simply, the more heinous the crime or higher the threat level posed by suspects, the more force police officers can use. In the case of convictions, the types of punishment that can be employed has been increasingly limited through the years due to constitutional interpretation.

Indeed, the threat of physical force is necessary to maintaining order in society. Given free rein, most people would not respect the laws of the land and would do whatever is necessary to fulfill their selfish desires. The presence of law enforcement agencies provides a check to people's base tendencies and helps them follow the laws and norms that hold society together. However, the legislative and judicial systems play significant roles in helping to limit the use of force and ensure that it does not amount to violations of democratic principles and human rights.

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