So, why is it that when anybody is arrested in the USA are handcuffs always used?
Obviously, there are occasions when they would be needed for the safety of the arresting officers, but in the case of, for instance, of Michael Jackson’s recent arrest, the guy handed himself over to the police, and it could reasonably be assumed that he would not be not be any “trouble”. If the TV/films are to be belived, you can get yourself ‘cuffed’ for even a motoring offence!
In cases such as these, surely the use of handcuffs is not only unnecessary, but is, in my opinion, insulting and/or demeaning to the arrested person (who is innocent until charged and found guilty).
Although I cannot provide any cites, I am sure that here in the UK, handcuffs are only used when there is a risk of violence, or resisting the arrest. What do you all think?
I think its the law to do it. Also, you never really know what the person could do. They might attack the cop or someone else, try to escape by opening the car door, hide or drop something incriminating, or steal something.
Having grown up in California, whenever someone is arrested they get cuffed. I think it’s the law. For the protection of the officer and to prevent a runaway. Regarding MJ, the authorities asked him to show up at the sheriff’s office, get booked, surrender his passport. MJ flys on a leased jet to California and as soon as he get off the plane he gets cuffed. The police didn’t have to go get him, he came to them when asked. I do not see the need for handcuffs. I think it was just a show of power. Look who we have!
What happened was I got a speeding ticket. I mailed the check in and moved not long after. I guess the check never got there because when I was pulled over a couple months later, my license had been suspended for not paying the ticket. I was arrested for driving on a suspended license.
The cop said to me. “I’m sorry, I know this isn’t necessary but I have to cuff you.”
Saying that it’s ok to not cuff someone as long as they’re not violent is like saying it’s ok to point a gun at your foot as long as it’s not loaded. Treat EVERY gun like it’s loaded. Treat EVERY prisoner like they’re a threat.
Good safety practices are best when they’re done everytime. That way, it gets to be a thing done without even thinking. Cuffs are a pretty mild restraint. I don’t see the big deal. Agencies that require their officers to cuff everyone they transport are doing the right thing. You won’t know for sure if you should have cuffed the guy until it’s too late. Don’t think that a person can’t flip out just because he started out timid.
No one was trying to humiliate him. He does that enough on his on. Let’s remember that even misdemeanor criminals get handcuffed. He was in custody for a felony.
Yes, it’s a matter of protection, but it does create an image of guilt that might make it easier for a prosecutor to get a conviction. I find it hard to believe that that’s not just a happy side affect.
I think there’s a certain kinky power-games thrill for those in authority that makes the procedure so appealing. I’m not saying there’s not a safety aspect, the MJ arrest and the Odinoneye arrest are obviously not endangering. C’mon, people, let’s get our brains switched to “on” and use common sense. When the person comes in voluntarily – from out of state, even – cuffing is stupid.
I was pregnant with my youngest child, I assaulted stormchasers ex wife. The arresting officer understood where I was coming from, and I think felt bad that he had to arrest me.
OK Bear Nenno, have you not heard of the expression ‘overkill?’ (no pun). Yes, everything you say could be true, but as Evil Captor says, some sensibility should rule somewhere here, and I repeat it works just fine for our police here in the UK. Maybe we’re just tougher than you lot, or maybe you’ve got nastier criminals!
BTW I was just using MJ as a topical example, not his image/personal lifestyle etc. which is more than adequately covered in other posts.
Safety. There is no safer policy than handcuff everyone.
Equality. There is no need for you to feel demeaned or slighted because you were handcuffed when you got arrested, because everyone gets handcuffed when the get arrested. If you only handcuff certain people, then those borderline cases who do get cuffed will feel they are being treated unfairly. People will try to use it as evidence that cops treated them unfairly, and that they were only being mistrusted because they were black/hispanic/gay/whatever.
Handcuffing selectively doesn’t appear to solve any problems.
At my last job I had frequent contact with various sheriff’s deputies, and asked one of them this very question. He said it was as much for the officer’s safety as it was for the arrestee’s safety. In other words, certainly the officer can’t get assaulted easily if the arrestee is in handcuffs, but possibly more importantly the arrestee can’t make any sudden moves that the officer may consider threatening and get “forcibly restrained” as a result.
I imagine it would be very, very difficult to explain to a jury why you beat the crap out of someone in handcuffs.
I wonder if it’s policy as well because, while the person may be arrested and cuffed because of a suspended driver’s license (to use Odinoneeye’s example), he or she may also wanted for more serious crimes that will show up later on.
Beech, I don’t believe that to be overkill. A straight jacket or ankle cuffs with hobble cord would have been overkill. Cuffing everyone is sound law enforcement procedure, not blind over zealous behavior. CrazyMonkey made some very good points!
C’mon, somebody who reports in to the police voluntarily in response to a warrant just isn’t the same kind of risk as someone who gets dragged in, and there’s nothing you can say to convince me otherwise. It seems to me that it would be hard to make a claim of discrimination based on something as simple as that.
It’s not a big deal. When you’re handcuffed and in custody, the officer is also responsible for your safety. To make it SOP is probably the wisest choice for departmental policy, whether the arrestee has arranged a surrender or not.
I’m disappointed. I thought this thread was going to be about something else. I was all ready to post about the types of handcuffs I prefer.
Oh well.
I was arrested once (when I was an extremely stupid teenager) and I wasn’t handcuffed. As so many others have already stated, it is to ensure the safety of you and the arresting officer.
