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Police rules of engagement and policies to control the use of firearms must be reviewed and addressed regularly. Society must have a system for maintaining law and order. Police personnel must be able to maintain law and order and at the same time not violate principles of our democratic society.

The police also have a role to advance the sacred principles of democracy. This position requires the police to protect the individual rights of the citizens and all other residents including illegal immigrants.

Moreover, the police must not be considered as a separate entity instead it must be considered an integral part of government. As such, the police must realise and understand that their sole reason for existing is to serve and protect the people. It is imperative that the police are responsive and accountable to civil society.

Contemporary policing strategies accommodates to the need of our complex and rapidly changing society. This point is significant because police policies should not be developed in isolation. Police policies must include the priorities of contemporary society. They police are equal stakeholders and must be constantly engaged with civil society. In general, police policies should be reflective of the position advanced by civil society in all democratic societies.

The police are one of the few law enforcement agencies in government that are authorised to use deadly force in their line of duty. Most deadly shooting involve police personnel and rarely other law enforcement personnel.

This legitimate authority and power to kill by the police can be misused or abused if there are vague and poorly defined policies on the use of firearms. Therefore there must be clearly defined and operationalised policies regarding the rules of engagement to kill or not to kill when discharging their firearms while performing their duties.

In civil and democratic societies, it is imperative that police, public and policy makers give paramount consideration to the authority invested in the police to take a life.

Furthermore, experts and police administrators have consistently acknowledged that the use of discretion is a major factor for police and other actors in the criminal justice system in their day to day work performances. Discretion includes the use of deadly force. The use of discretion is given to every police personnel whether professionally trained or poorly trained.

Police decision-makers must develop guidelines and policies to assist their officers in carrying out their daily responsibilities including the use of discretion. This point becomes extremely critical when addressing the issue on the use of deadly force. Guidelines and policies should assist police personnel in carrying out his responsibilities and not designed to hamper.

Police personnel need administrative guidelines and policies that are developed for the purpose of assisting them in making appropriate decisions as they carry out their work. Standard operating procedures to control the discretion of police personnel particularly the use of deadly force should be based upon philosophies and principles that are consistent with democratic civil societies.

The police must understand that each time they use their weapon there is a potential that they will take a human life. In some circumstances, split second decisions have to be made on the spot. Thus, any policy developed by the police to control the use of deadly force must be based upon the premise that human life is precious and sacred. Policies that are developed must recognise that the use of deadly force is legally authorised.

Socially and morally warranted

It must also be socially and morally warranted and in par with the philosophy of matured democratic societies. Guidelines and policies developed to control police use of deadly force must ensure safety of both the police and public.

Police policies on the use of deadly force must not be complicated. It must be easily understood by all police personnel. Such policies must hold police personnel accountable for their actions. Police departments should adopt a firearm policy that states that police personnel can only discharge his or her firearm to defend his or her life or the life of another person and only after all other means have been exhausted.

Clear-cut and well-defined policies will leave no room for questioning and it should be easily interpreted and enforced. The issue on police use of deadly force is one that is of phenomenal concern to all democratic nations.

The police have a moral and professional obligation to develop well defined policies and guidelines that will provide police officers with guidance to prevent misuse or abuse when discharging their firearms while performing their duties to maintain law and order.


ASSOCIATE PROFESSOR DR P SUNDRAMOORTHY is a member of the Research Team on Crime & Policing, School of Social Sciences, Universiti Sains Malaysia.

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