Sunday, April 14, 2024

When Does Police Use Of Force Become Excessive Or Unjustified

Don't Miss

What Should I Do If Ive Been The Victim Of Excessive Force By Police

Local Leaders Address Potential Excessive Use Of Force By Police During Protests

Violent encounters with a law enforcement official are traumatic and can cause you to question the very establishment that is meant to protect you. If youve been the victim of such an assault, you are not alone. Theres a number of resources and avenues for justice available to you.

If youve been the victim of police violence, you may find these resources helpful:

  • American Civil Liberties Union
  • Communities United Against Police Brutality
  • Mothers Against Police Brutality

Below are other options available to victims of excessive force.

Preventing Police Use Of Excessive Force

George Floyd, an unarmed African American man, died after a white police officerkneeled on his neck for nearly nine minutes even after he became unresponsive. Despite widespread calls for change from both law enforcement and the public across the United States, some peaceful protests have turned violent as police and demonstrators clashed.

The Minneapolis police officers involved in Floyds killing have been charged with second-degree murder and with aiding and abetting second-degree murder. To secure convictions against these officers, prosecutors will need to show that the officers use of force was excessive, rather than objectively reasonable. Reasonableness is a term of art for the standard used to evaluate the legality of police force.

Todays Saturday Seminar examines the courts prevailing approach to the reasonableness standard and highlights proposed reforms that could improve the ability of prosecutors to hold police officers accountable in cases like George Floyds. This seminars proposals are complemented by a 15-part seriesThe Regulatory Review published three years agothat analyzed the issues and possible solutions to excessive force by law enforcement officials.

Reforming the Reasonableness Standard to Prevent Police Use of Excessive Force

Using Mechanisms Other than the Reasonableness Standard to Prevent Police Use of Excessive Force

Police Brutality In Modern Society

Police brutality is commonly used phrase in modern society. Many protest the injustice seen on the cameras that are glued on to the bodies of our police officers. These camera’s had a purpose to decrease these protests. The main issue, is the lack of truth, which causes many court cases. As the year progresses, brutality incidents became more common in 2015.

You May Like: Can You Check Your Police Record Online

It’s All About What’s Reasonable Under The Circumstances

By Paul Bergman, UCLA Law School Professor

Police officers are generally allowed to use reasonable force to take a person intocustody. For example, if a suspect resists by momentarily attempting to runaway or giving a token push, an officer wouldn’t be justified in usingextreme force. If officers use unnecessary force, they can be subject to seriousrepercussions, including criminal prosecution and civil liability .

Police Body Cameras Advantages

Another Case of (Las Vegas) Nevada Police Just Doing their ...

The American Civil Liberties Union do consider the rights of these and the people. Officers must wear body cameras so they know what really happened and can’t change the story on what happened. When police officers are in not so good areas that often are concentrated in high-crime areas people are always being watched even if they don’t know they are (Police

Don’t Miss: How Do You Fix An Incorrect Police Report

Police Brutality And Police Violence

Its not just the violence being used against innocent victims, but police brutality breaks communities apart. For the most part, these events cause hundreds of individuals to fear the police, instead of creating a relationship between the two. This results in community cohesiveness being lost in neighborhoods filled with violence.

What Is The Definition Of Excessive Force

Excessive force by a law enforcement officer is any force used which exceeds what is necessary to gain compliance or control. Excessive force is considered a type of police brutality, though the terms are often used interchangeably.

There are five types of police brutality:

  • Excessive force
  • Neglecting the rights of pre-trial detainees

You May Like: How To Become A Police Lieutenant

Effects Of Police Brutality In The United States

This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed.

Police brutality is the misuse of power by the police force to intentionally harm individuals. The excessive force imposed by police officers has increased over the past decade and caused social misinterpretations of the role that police officers play in the community.

In 2015, the percentage of people who have confidence in the police hit its lowest since 1993 at 52 percent. Of this 52 percent, Democrats saw the biggest drop in confidence. Democrats’ confidence in police dropped to 42% from 2017â2018 compared with 2012â2013, a larger change than for any other subgroup. Over the same period, Independents’ and Republicans’ confidence in the police has not changed. The number of black people that trust the police in 2017â2018 averaged 30 percent, well below the national average of 53% and much lower than for any other subgroup.

Firearms usage


A 2014 experiment conducted on white undergraduate female students showed that there was a higher degree of fear of racial minorities. The paper concluded that people with a higher fear of racial minorities and dehumanization had “a lower threshold for shooting Black relative to White and East Asian targets”.

Black Americans and the US police


What Is Police Brutality Or Excessive Force

Police investigate Alabama officers for excessive force

Black Lives Matter

Very few experiences compare to the feeling of terror that Black people experience every time the police stop them for a minor alleged violation. The reason for this feeling of terror is police brutality or excessive force.

Too many people of color are murdered at the hands of law enforcement each year. Police brutality is a system of injustice that has been are part of our country since the very beginning. America founded this country on racism and the oppression of minorities. It started with the Native Americans then the African-Americans. Slavery: The original sin of the United States of America.

Do Black Lives Really Matter? If so, then you should not be afraid to say it. Black Lives Matter, too, doesnt mean that all other lives dont. Notice I didnt include only in front of Black Lives Matter. People should not interpret Black Lives Matter to mean only.

It wouldnt be fair for me to interpret All Lives Matter to mean All Lives Matter, except Black lives. If you truly believe that all lives matter then you should not be offended when one of those lives is fighting to stay alive. If you are against racism, police brutality, and injustice then read on to learn more about the terrible issue thats shaking the core of America right now.

Don’t Miss: Can You Call Police To Unlock Your Car

Specific Questions About Excessive Force And Police Brutality Ask An Attorney

Victims of excessive force and police brutality, and their families, are often left in despair after the incident, especially when no serious investigation takes place.

There are times when recourse through the courts is the only viable option, but with hurdles like qualified immunity, the court system is no guarantee of success. If you have questions about what to do in your case, there are experienced civil rights attorneys in your area who can provide you with the help you need to stand up to injustice.

Thank you for subscribing!

A Lack Of Police Accountability And Oversight Is The Sole Reason For Public Anger

This past weekend demonstrations across Canada by various groups and individuals demanding that governments defund police are the result of the lack of police accountability in Canada. Police violence has reached such an unacceptable level in this country that it has undermined peoples trust and confidence in our criminal justice system. Although the term defund police has nebulous connotations, what is clear is that people have lost faith not only in our police but in the capacity of our justice system to reign in the excessive use of force by police when dealing with citizens.

While only a small percentage of police officers are involved in using excessive force against citizens and committing acts of discreditable conduct under the Police Services Act of Ontario or other similar provincial acts, every officer is being branded negatively as being inept, incompetent and a danger to the public. In my opinion, most people who wear a police uniform are honest, law-abiding people who genuinely want to provide a professional service to their communities. So why has the situation deteriorated to such an extent that citizens are demanding that governments defund police? How will defunding police reign in those officers who are a direct threat to the public and exactly how will this prevent that small percentage of police officers from using unreasonable and excessive force against citizens in this province and across Canada?

Canadians deserve better.

Recommended Reading: Can Police Take Your Money

V Responding To Civilian Complaints & Excessive Force

The manner in which a police department responds to civilian complaints establishes a tone in police community relations. If the tone is negative, the community atmosphere can be very hostile when an incident of police use of excessive or lethal force occurs. On the other hand, if the tone is positive, the prospects of preventing any civil unrest arising out of an incident of lethal or excessive force is greatly enhanced. Before examining the issues surrounding the investigation of civilian complaints and incidents of excessive force, there is the need for the public to understand the authority of police officers.

Public Education

Discussion and analysis of previous controversies between the police and minorities have revealed a general need for a better community understanding of the “nuts and bolts” of the police department’s mission and responsibilities. Community organizations can contribute to better police-community relations by educating their constituencies about the difficulties confronting officers on the street. No doubt most police departments could be counted on to cooperate with such a campaign.

Civilian Complaint Process

Internal Affairs

Civilian Oversight of Complaints

Investigations of the Use of Force

Fact Collectors

Legal Provisions

Agency and Justice Audiences

Public Information

Community’s Role

Preventing Civil Disorder

Flash points

  • The incident itself

File An Internal Complaint

Police Officer Accused of Using Excessive Force on High ...

Every police department accepts civilian complaints about police officers. When you file a complaint with a department, the case is reviewed and investigated by other police officers. If enough evidence is found, the complaint can lead to punishment or even termination. Even if the officer isnt punished, the complaint is likely to stay on their record and impact future promotion or punishment decisions.

Read Also: How Can I Check My Police Report Online

Your Legal Rights: Getting Justice

In addition to trying to change the world by hearing our voices, there is legal action you can take if you or a loved one has been a victim of any form of police brutality.

Civil rights lawyers have made it their lifes work to defend people like you and your loved ones against the White Privilege and oppression by those in power. We arent here to talk over you, but rather to listen and amplify your voice in a courtroom.

The first step toward justice is finding and hiring a competent civil rights lawyerthat will take on your case. Contact usto learn more.

Iii Police Community Bridge Building

“In Boston, the department has been engaged in a comprehensive strategic planning process over the past several years. As part of that process, community stakeholders are identified and brought to the table to include their input on developing crime fighting strategies, as well as identifying neighborhood problems. Since 1994, every district station has opened this strategic planning process to supporters and critics of the police department, enabling both to voice their concerns and offer their remedies. Citywide surveys were taken in 1995 and 1997 to measure levels of fear and enable the department to act upon recommendations for better policing voiced by Boston’s residents. Among those suggestions was a desire that the department personnel better reflect the neighborhoods they police. A commitment to diversity in recruiting efforts, coupled with special certifications for languages, has led to a department that is more representative of our various minority residents.

Paul Evans

Recruitment and Selection

Every police department benefits from a work force that reflects the racial-ethnic makeup of the community that it serves, but even the most sincere efforts to recruit minority police officers have sometimes met with only marginal success. Nevertheless, police departments should make every attempt to attain this objective.

Police and Personnel Roles

Community Involvement

Outreach to Youth

Psychological Testing


Community Cultural Diversity

Communication Skills

Also Check: How To Pay Police Ticket

Louisiana State Police Troopers Charged In Excessive Force Cases

The Louisiana State Police on Monday arrested four troopers accused of using excessive force, deactivating their body-worn cameras and making false statements about two arrests in 2019 and 2020.

The charges followed a monthslong internal investigation into use of force incidents in the northern part of the state a probe begun amid mounting scrutiny of the agencys Troop F, which patrols the Monroe area and the surrounding parishes.

Federal authorities separately are investigating troopers from the same troop in the 2019 case of Ronald Greene, a Black man whose death in State Police custody still has not been explained. An attorney for Greenes family has said that body-camera footage which the state refuses to make public shows troopers choking and beating the man, repeatedly jolting him with stun guns and dragging him face-down across the pavement.

One of the four troopers arrested Monday, Dakota DeMoss, 28, also was involved in Greenes arrest and the high-speed chase that prompted a federal civil rights investigation.

He and two other troopers, George Harper, 26, and Jacob Brown, 30, face state charges of simple battery and malfeasance in office in connection with a May 2020 police chase in Franklin Parish.

All three troopers used excessive force while handcuffing a motorist who exited a vehicle and immediately laid on the ground in a compliant position, State Police said in a news release. They also are accused of turning off their body cameras.

Use Of Force And The Police Force Essay

2nd excessive force claim made against officer involved in use-of-force incident

The Use of Police ForcePolice encounter different situations in their daily activities. The diverse nature of the circumstances implies that the members of the police also have to adopt different strategies of handling them. In some circumstances, the police have to use force as a way of addressing the situations. Unfortunately, when the police apply their own discretion in the use of force, the outcomes of this approach may end in fatalities or serious injuries. In recent times, diverse opinions

You May Like: How To Become A Police Officer In San Diego

Excessive Force And Police Brutality

By FindLaw Staff | Reviewed by Kellie Pantekoek, Esq. | Last updated June 02, 2020

Excessive force refers to situations where government officials legally entitled to use force exceed the minimum amount necessary to diffuse an incident or to protect themselves or others from harm. This can come up in different contexts, such as when handling prisoners or even during military operations. When it involves law enforcement, especially during an arrest, it’s also referred to as police brutality.

The constitutional right to be protected from excessive force is found in the reasonable search and seizure requirement of the Fourth Amendment and the prohibition on cruel and unusual punishment in the Eighth Amendment.

Suing For Excessive Force

Officers that incur in excessive use of force usually commit a tort and can be accused in a civil court. The county that employed them is also susceptible to being accused.

Most cases of police brutality rest upon the Civil Rights Act of 1871, where its alleged that an officer violated a civilians constitutional rights under color of law. This, in turn, violates the Fourth Amendment in the constitution, which refers to unreasonable seizures.

There is a two-year statute of limitations or deadlines for federal lawsuits and a six-month deadline for state law claims.

A plaintiff should meet the preponderance of the evidence burden of proof in court to make an excessive force case, and the defendant should use the same burden of proof to establish that their conduct was reasonable and justifiable, and the guilt of the plaintiff is not a justification for the officers excessive use of force.

The plaintiff can seek money damages or an injunction to discourage further police excessive force in the future.

Also Check: How To Make A Police Report Over The Phone

Essay On Police Use Of Force

The police forces in every community are deemed law enforcement officers and have to take necessary precautions in executing their job. Individuals that police officers encounter may at any time threaten the security of the officer or others. Police officers have to follow procedures that are necessary to maintain control of situations that can cause harm to others or property. The three topics that will be discussed in police use of force are the explanation and background of use of force, limitations

Racial Tension In Law Enforcement

Do You Think The Police Officer Used Excessive Force ...

Corruption in the law enforcement is still a great issue we face today and there is ways to prevent this heinous act of selfishness such as having a strong leadership and operational procedures in the sense that law offices should always have an eye kept on them by higher officials. Of course there are police officials that work for the law and abide by the rules, but the litter of corruption can soil the whole reputation of the police department. By constantly keeping up with regulation and monitoring the actions of a police officials, corruption can be prevented and eventually be stopped permanently. (Grant

Don’t Miss: How To Search Police Records

More articles

Popular Articles