Accusations of police brutality may involve psychological intimidation or verbal abuse, but they most commonly center around physical abuse. The police may have used physical force on a suspect who then claims it was a violation of their rights.
This can be a complex issue, as there are situations in which police are authorized to use force and may believe it is necessary. So how can you determine if it constitutes police brutality? How is brutality defined, and how does it differ from the acceptable use of physical force?
Excessive force
In general, police brutality arises when excessive force is used against a suspect. This is often a gray area, as it can vary from case to case. Police officers are expected to use a reasonable amount of force for the situation at hand, making quick judgment calls to ensure they don’t violate anyone’s rights.
For example, if a suspect tries to flee after a traffic stop, police may be authorized to use force to apprehend them. This could include using a Taser, tackling the suspect, restraining them on the ground or applying handcuffs. While the suspect may sustain injuries, this does not necessarily mean the officers engaged in brutality.
However, if an officer handcuffs the suspect and another officer strikes or kicks the restrained individual while they’re on the ground, this could be considered excessive and unwarranted force. The use of physical force should stop as soon as the suspect is apprehended and no longer poses a threat. If it doesn’t – even if the suspect is guilty of a crime – the officers involved may be guilty of brutality.
These are inherently complicated and nuanced cases, so it is crucial for those involved to understand their legal options.