Factors Affecting Reasonable Use of Force and Observance of Miranda Warning during Arrest by PNP Personnel

Abstract

The authority to use force, including lethal force is a defining feature of the police profession. The emergence and incorporation of the Miranda doctrine in our criminal law, and its attached misconceptions made it inevitable to determine the understandings of the Philippine law enforcers. There is a limited number of research studies conducted that are connected with the PNP. This implies demand studies centralizing on the use of reasonable force and observance of Miranda Warnings in effecting the arrest of suspected criminals. The study is a quantitative analysis of the relationship between the individual, situational, and organizational predictors to the use of reasonable force and observance of Miranda Warnings among PNP personnel particularly the Police Patrol Personnel assigned as Beat Patrol Personnel, Compact Personnel, and Arresting Officers, during police-civilian encounters. Utilizing Google survey forms as the primary tool to gather and evaluate data, the self-constructed survey to be utilized is anchored on the Deference Exchange Theory, Naturalistic Decision Making (NDM) approach, and the Police-Public Contact Survey (PPCS). The findings of this study imply that factors affecting the use of reasonable force and observance of Miranda warnings significantly influence the enhancement of law enforcement interventions. From the results of the study, it may be concluded that the factors affecting the use of reasonable force and observance of Miranda warnings are more likely to contribute interventions to the Philippine National Police, as an organization, a significant enhancement in law enforcement. Recommendations were proposed based on the findings and conclusion of this study. Based on the findings of this study, the following recommendations are proposed for the PNP leadership to provide written policy to be used as operational guidelines for all PNP personnel during the conduct of arrest of suspected criminals: (a) When conducting police operations and apprehending criminal suspects, male police officers shall use reasonable force; (b) Continuous education and training for law enforcement personnel; (c) Active aggression coupled with the present ability to carry out the threat or assault, which reasonably indicates that an assault or injury to a person appears imminent by crime suspects should be physically restrained with force”; (d) To be quick to use physical force in situations where the incident is critical and dangerous; (e) The arresting police officer informs the suspect that he/she has the right to remain silent”; and (f) The Arresting Police Officer informs.

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