THE ILLEGALIZATION OF COERCIVE FORCE

Abstract

Law enforcement agencies including the police, officers of civil defence corps and those in charge of the correctional centers are authorized by law to use material coercion to deal with perilous and aggressive acts. The use of unbridled coercion in any criminal justice system can be seen in all its gamut including arrest, investigation, arraignment, trial, conviction and sentencing. Most times this use of massive coercion generates catastrophic repercussions which in turn undermines the privacy and constitutional rights of citizens of countries. Some of these repercussions include state sponsored violence which results in excruciating injuries, starvation, deaths and ultimately erodes public trust and accountability. The problem begins with situations where law enforcement agencies use excessive coercion to enforce their lawfully duties and assignments. The issue of lawful policing has increasingly become problematic in Criminal law, the State and its citizens. The more intriguing problem is how to balance State use of force and protecting the rights of its citizens. In other words, the legal yardstick to measure the necessity and reasonableness of the utility of coercive powers. This paper seeks to analyze the nexus that exists between State utility of coercive powers and the consequences of its illegal use.