A Comparative Study of limits on the Use of Force by Law Enforcement Officers

Document Type : Research Paper

Authors

1 University of Guilan, Faculty of Literature and Humanities, Department of Law

2 Associate Professor. Law Department, Faculty of Literature & Human Science, University of Guilan, Rasht, Iran.

3 Associate Professor, Law Department, Faculty of Literature & Human Science, University of Guilan. Rasht, Iran

10.22099/jls.2024.48479.5021

Abstract

The right to security and comfort of citizens, including fundamental human rights, and guaranteeing them, is the main task of governments. Providing and guaranteeing this right is possible with the help of legitimacy and legal authority and obtaining the consent and participation of citizens in creating and maintaining order and security in a democratic structure. One of the tools under the authority of the government to ensure order and security is law enforcement officers. On the other hand, guaranteeing freedom and preserving the dignity of citizens is another fundamental right that may be ignored by agents or face unjustified restrictions under the pretext of providing security. In this analytical-descriptive study, in response to the question, what are the limitations of using force by law enforcement officers? Referring to the general rules that the majority of countries and human rights documents have taken into consideration, the scope of using force in different situations and the possibility of using force in those cases were examined. The findings of the research indicate that in the laws and procedures implemented by the law enforcement officers in Iran, in some cases, the existing standards are not considered, especially in saving the lives of innocent people or the accused, and the amendment of the law on the use of weapons is necessary from this point of view. Correction and revision.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 08 June 2024

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