This thesis investigates whether and how the power position of the police affects the use of violence between citizens and police officers. The German media are increasingly reporting on the phenomenon of excessive use of force. The question arises as to how this escalation of violence came about. It is questionable whether a certain position of power influences behavior in the interactive use of violence between citizens and the police.
First of all, the police monopoly on the use of force must be defined in more detail. The concept of violence is then explained in the broadest sense and linked to the concept of proportionality. The concrete use of force in the form of direct coercion is determined in connection with this. The question of the causes of police violence is subdivided into various theoretical approaches. It should be noted that the term police violence always means the disproportionate use of force. On this topic, the emergence of police structures is discussed first. The temporal component of this history of origins then leads to the concept of subculture among police officers. The term "cop culture" in particular is explained in more detail.
When researching the causes of police violence, one comes across two theories. One is the “Authority Maintenance Theory” and the other is the so-called “Control Balance Theory”. The core statements of these theories are presented and brought into a police context. As the story progresses, the question arises as to the consequences of the escalation of violence. The criminal offense of bodily harm in office according to § 340 of the Criminal Code is discussed in more detail. If there are indications of the existence of this criminal offense, an investigation is initiated. With regard to the procedure, problems in the conduct of this investigation must be explained. Finally, a summary conclusion is drawn.
Table of Contents
1. Introduction
2. Definitions
2.1 The state's monopoly on the use of force
2.2 The concept of violence
2.3 Proportionality
2.4 Direct coercion
3 Causes of police violence
3.1 Emergence of police structures
3.2 Subculture among police officers – "Cop Culture"
3.3 The "Authority Maintenance Theory"
3.4 The "Control Balance Theory"
4 The perpetrators "police"
4.1 The bodily injury in office
4.2 Problems in the investigation procedure
5. Conclusion
Research Objectives and Key Topics
This work examines the phenomenon of disproportionate violence used by police officers in Germany. It explores the power dynamics between the state, the police, and citizens to understand how escalations of force occur, the sociological influences on police behavior, and the legal challenges in prosecuting misconduct.
- Legal frameworks regarding the state's monopoly on the use of force and proportionality.
- Sociological analysis of "Cop Culture" and internal police structures.
- Application of the "Authority Maintenance Theory" and "Control Balance Theory" to police behavior.
- Investigation and legal consequences of "bodily injury in office" (§ 340 Criminal Code).
Excerpt from the Book
3.2 Subculture among police officers – "Cop Culture"
The term "subculture" within the monopoly on the use of force describes various types of "defending" and fulfilling the state's claim to power within the police. Commenting on the "Cop Culture", this means "that in Cop Culture both the forms of enabling the enforcement of state violence and forms of resistance against it can be located".
Cop Culture is characterized by experiences of the everyday life of police work. It is directly linked to so-called notions of masculinity. Ideas of masculinity bring with them the view that one's own activities and, above all, those of colleagues are regarded as legal in their entirety. Thus, a kind of fight against social chaos, in which the police are at the forefront, is suggested. Violent attacks should thus be explained as a consequence.
Summary of Chapters
1. Introduction: Outlines the rise of reported police violence in the media and sets the research focus on the theoretical and legal causes of this phenomenon.
2. Definitions: Defines the state's monopoly on force, the concept of violence, the principle of proportionality, and the legal meaning of direct coercion.
3. Causes of police violence: Analyzes the emergence of police structures and explores how organizational subcultures and specific theories explain deviant behavior.
4. The perpetrators "police": Discusses the legal offence of "bodily injury in office" and the procedural problems encountered during investigations.
5. Conclusion: Summarizes the findings and highlights the difficulties of researching police misconduct due to significant dark figures and structural issues.
Keywords
Police violence, monopoly on the use of force, proportionality, direct coercion, Cop Culture, Authority Maintenance Theory, Control Balance Theory, bodily injury in office, criminal offence, investigation procedure, state executive, fundamental rights, power dynamics, police structures, misconduct.
Frequently Asked Questions
What is the primary focus of this work?
The work investigates the causes and circumstances behind the disproportionate use of force by the police in Germany, specifically examining why escalations of violence occur during police-citizen interactions.
What are the central thematic fields?
The central themes include the legal definition of police authority, the sociological influence of police subcultures ("Cop Culture"), theoretical explanations for crime, and the practical legal hurdles in prosecuting police misconduct.
What is the main research question?
The paper asks how the specific position of power held by the police, combined with organizational structures and personal honor, influences the behavior of police officers and contributes to the escalation of violence against citizens.
Which scientific methods are utilized?
The paper employs a theoretical approach, combining legal analysis of police laws (such as the Police Act of North Rhine-Westphalia) with sociological crime theories and an examination of official police crime statistics.
What topics are covered in the main section?
The main section covers the definitions of police power, historical and structural developments of the police, specific theories like the "Authority Maintenance Theory," and the legal handling of "bodily injury in office."
Which keywords characterize this paper?
Key terms include police violence, proportionality, Cop Culture, Authority Maintenance Theory, and the investigation of official offences under § 340 of the Criminal Code.
How does "Cop Culture" contribute to violence?
According to the text, Cop Culture promotes a sense of masculinity and a "fight against social chaos," where officers may perceive their own actions and those of their colleagues as automatically justified, potentially normalizing violence.
What is the "Authority Maintenance Theory"?
It is a theory suggesting that police violence occurs when officers feel the need to maintain their institution's authority and the state's power in response to perceived challenges from citizens.
What problems exist in the investigation procedure?
The investigation of police misconduct often faces challenges such as delayed initiation of investigations and difficulties in collecting factual and personnel evidence in a timely manner, which impacts the transparency of the process.
- Quote paper
- Robin Stenzel (Author), 2016, Police and authority. The position of power and its impact on an interactive use of force between citizens and police, Munich, GRIN Verlag, https://www.grin.com/document/1180569
