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The recent police shootings are tragic. We mourn the loss of life. No one wants this outcome. Despite these unfortunate events, we continue to support our law enforcement officers to do the job we ask of them: protecting us from harm at any cost, including giving up their own life.
We have not forgotten the sacrifice of Honolulu police officers Tiffany Enriquez and Kaulike Kalama who ran toward the danger while we all ran away from it. We have not forgotten the sacrifice of our law enforcement officers who are hallowed at the Hawaii Law Enforcement Memorial, situated near our state Capitol, where our elected government officials enact laws we agree to follow, through the social contract, for our safety and well-being.
The social contract is an agreement between the governed and the government. The theory explains the government is legitimate and it has the consent of the governed. The government enacts laws and we, as the governed, agree to follow these laws for the good of society. Therefore, the social contract is an agreement whereby a government is granted authority by its people to govern them.
We, the people, as the governed, give our law enforcement officers power to ensure our safety. We ask them to make certain everyone is obeying the law and, at the same time, we instruct them to enforce the law at all costs. They have our permission to use force to apply the law.
The use of force is granted in Title 37 of the Hawaii Penal Code, Chapter 703 – General Principles of Justification. More specifically, Section 703-307, Use of Force in Law Enforcement. This law covers all persons using force against another, not only the use of force for peace officers.
A use-of-force continuum is a directive providing law enforcement officers with a guideline as to how much force may be used against a resisting suspect. The amount of force used by the officer is dictated by the actions of the suspect. The officer is responding to the force used by the combatant.
The last step on the continuum is deadly force. No peace officer wants to be placed in a situation where deadly force is necessary. However, officers are trained and prepared to use deadly force when appropriate. This is what we, the people, the governed, ask our peace officers to do to keep us safe and well.
We trust and support our peace officers. They are doing the job we ask of them and we honor our part of the social contract by obeying their instructions. If an officer pulls behind us in traffic and activates the emergency lights and siren, then we comply and pull over. If an officer asks to see our driver’s license, registration and insurance, then we comply and provide the information. If an officer asks us to step out of our vehicle, then we comply and do as requested. We must obey the instructions of those we have given the power to govern over us. If we refuse to comply, the situation is escalated based on our refusal to obey.
The time to dispute the fairness of an officer’s actions is not on the side of the road in the middle of night when no one else is around. We should conform and, if we feel it necessary, follow up with a complaint to the Honolulu Police Department Professional Standards Office, or the Honolulu Police Commission. If we are not satisfied, we can contact an attorney and possibly file a lawsuit in court.
We mourn the loss of life and yet we continue to trust in our law enforcement officers. If we obey the laws, like we, the governed, have agreed through the social contract, we will avoid the loss of life in the future.
Robert Cravalho, retired as a Honolulu police officer after 30-plus years, is the managing agent of a licensed investigative firm in Hawaii.
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