Anyone who watched the media coverage in 1991 of the Rodney King incident and the terrible riots that ensued has at least a fundamental understanding of this legal concept.
A workable definition may be: Excessive force by a law enforcement officers is a violation of a person's rights. Excessive force is not subject to a precise definition, but it is generally beyond the force a reasonable and prudent law enforcement officer would use under the circumstances.
Force should be used in only the minimum amount needed to achieve a legitimate purpose. Police brutality is a direct violation of the laws within the police force. The use of excessive force is also a direct violation of the Fifth and Fourteenth Amendments of the U.S Constitution regarding cruelty and protection of the laws.
The key element to consider before contacting an attorney is whether the use of force was reasonable under the specific circumstances of the case at hand. If an arrestee is resisting in any way, the arresting officers may use reasonable force for their own protection and have a limited privelege here that does not extend to most other citizens.
Wednesday, August 12, 2009
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