Police and authority. The position of power and its impact on an interactive use of force between citizens and police

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.

Bibliography.

1. Introduction

The German media are increasingly reporting on the phenomenon of excessive use of force. The question arises as to how these escalations of violence occur.

It is questionable whether a certain position of power influences the behavior in the interactive use of force between citizens and police.

First of all, the monopoly on the use of force, which the police are entitled to, must be defined in more detail. Subsequently, the concept of violence is explained in the broadest sense and associated with 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 divided into different 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 first discussed. The temporal component of this genesis then leads to the concept of subculture among police officers. Above all, the term "cop culture" is explained in more detail.

When researching the causes of police violence, one encounters two theories. It is on the one hand the "Authority Maintenance Theory" and on the other hand the so-called "Control Balance Theory". The core statements of these theories are presented and brought into a police reference.

In the further course, the question arises as to what consequences the escalation of violence entails.

In doing so, the criminal offence of bodily injury in office in accordance with § 340 of the Criminal Code is dealt with in more detail. If there are indications of the existence of this criminal offence, an investigation is initiated. With regard to the procedure, problems in the conduct of this investigation procedure must be explained.

Finally, a summary conclusion is drawn.

2. Definitions

2.1 The state's monopoly on the use of force

In order to understand the position of power of a police officer, it must first be clarified what position the police occupy as an institution in society.

The police perceive a so-called state monopoly on the use of force. This monopoly on the use of force is mainly characterized by the use of physical violence in the form of direct coercion.¹ The exercise of direct coercion is reserved for groups of specialists in order to enforce the applicable law.²

According to another definition, the monopoly on the use of force is also to be regarded as an important element of the internal autonomy of a state.³ The enforcement of physical violence is forbidden to society and has been made available to the state as a tool, respecting the limits of fundamental rights and the "ultima ratio" principle.⁴

Accordingly, the police cannot act without limits.⁵ The Basic Law binds legislation to the constitutional order and the executive power and the jurisprudence to law and law.⁶

These privileges give the police a certain authority in society.

However, violence can occur in a variety of forms and therefore requires restrictions for the police.

2.2 The concept of violence

The legal concept of violence is defined as the so-called "physically mediated compulsion to overcome a performed or expected resistance". In the field of constitutional law, the definition of violence focuses on state power.⁷

State power in the form of the police thus exercises so-called (as already dealt with above) police violence in the form of coercion.

Police measures are taken to the detriment of the fundamental rights of those affected, with the use of coercion, especially direct coercion, being the strongest interference with fundamental rights.⁸

A differentiated view of the concept of violence gives the definition according to Popitz. Accordingly, violence is an act of power that entails an intentional physical injury. It does not matter whether the violence occurs for the user in the sense of enforcement or should lead to permanent submission.⁹

However, this police force in the form of direct coercion may be disproportionate. Accordingly, the principle of proportionality must be addressed.

2.3 Proportionality

"The principle of proportionality is a constitutional principle and a guideline for all state action."¹⁰ This principle is not explicitly regulated and is derived from Art. 20 GG, the rule of law. The principle of proportionality is the most important factor to consider when the police intervene with direct coercion.¹¹

The principle of proportionality is divided into three subcategories: suitability, necessity and adequacy (which constitutes proportionality in the strict sense).¹²

Within the police tasks of hazard prevention, there is a so-called prohibition of excess.¹³ This is regulated in §2 PolG NRW.¹⁴ It defines the above-mentioned subcategories of the principle of proportionality more precisely.

Within the scope of suitability, it depends in particular on the choice of the mildest agent among equally effective means. The necessity is characterised above all by the promotion of the purpose of the measure.

[...]

¹ Lange and Gasch 2006 (P. 109)

² Lange and Gasch 2006 (P.109)

³ Bundeszentrale für politische Bildung (2015): Gewaltmonopol. Im Internet: http://www.bpb.de/nachschlagen/lexika/recht-a-z/22300/gewaltmonopol (Stand: 30.11.2016)

⁴ Bundeszentrale für politische Bildung (2015): Gewalt. Im Internet: http://www.bpb.de/nachschlagen/lexika/recht-a-z/22297/gewalt (Stand: 30.11.2016)

⁵ Schütte et al. (2018), p. 4.

⁶ Art. 20 Abs. 3 GG Bundeszentrale für politische Bildung Juli 2012

⁷ Bundeszentrale für politische Bildung (2015): Gewalt. Im Internet: http://www.bpb.de/nachschlagen/lexika/recht-a-z/22297/gewalt (Stand: 30.11.2016)

⁸ Bialon and Springer 2014 (P.201)

⁹ Hofmann 2003 (P.192)

¹⁰ Schütte et al. 2016 (P.32)

¹¹ Schütte et al. 2016 (P.32)

¹² Bialon and Springer 2014 (P.31-32)

¹³ Bialon and Springer 2014 (P.31)

¹⁴ PolG NRW § 2 PolG NRW