This essay examines the use of force by police in a variety of contexts, including the many ways in which coercion has been designed and defined, the frequency with which police use coercive means, and the impact of these tactics on society. The main objective of the essay is to assess the different reasons why police officers use coercion, but in a way that does not adhere to traditional theoretical rubrics or claim that there are carefully packaged theories in which to classify such behavior. Along the way, the aim is to shed light on the complexities of armed forces decision-making and, on the other hand, to better understand why reasonable theories about police behaviour in general and coercion in particular are so elusive. To ensure that every person`s rights are protected, law enforcement agencies are never allowed to use more physical force than is necessary to defuse a situation or successfully detain a suspect. Police officers who use excessive force may be held liable for battery liability, negligence or violation of article 52.1 of the Civil Code. Brett, the schoolyard tyrant, pulls Mark aside and threatens to beat him if he doesn`t let him copy his homework. Mark knows it`s a violation of school policy to help another student cheat, but he also doesn`t want another bloody nose; So he gives in and gives Brett his homework. This is a classic example of coercion, where a party uses intimidation or threats to force someone to act against their will. Excessive violence refers to situations where government officials legally authorized to use force exceed the minimum amount required to spread an incident or protect themselves or others from harm. This can happen in different contexts, for example when it comes .B prisoners or even military operations.
When it comes to law enforcement, especially during an arrest, this is also known as police brutality. First of all, you should never try to run away from the police or act aggressively in any way, even if your rights are violated. Unfortunately, what you do in these situations can be used against you as a justification for excessive violence, even if it was the police officer who incited the use of force more than necessary. While you have the right to remain silent, you must also obey reasonable orders from the police. The right questions are, «Will I be detained?» If you are not detained, you can leave. If you are detained, you can ask to speak to a lawyer. At the time, a Tennessee law allowed the use of «all necessary means to arrest fugitive suspects,» regardless of the situation. The court struck down the state law because it allowed the inappropriate use of force in violation of the Fourth Amendment. In this landmark case, the court ruled that lethal force during an arrest can only be used if: In cases of excessive force, qualified immunity can protect police officers in more difficult-to-assess situations where there is a «blurred line between excessive and acceptable force.» However, to benefit from this immunity, public servants would have to prove that a reasonable person in their position would not have known that their actions violated a clearly defined law. In addition, lethal force should be used as a last resort, but it can only be used by law enforcement when a person attempts to escape from the scene of a crime, when there is probable reason to believe that the fleeing suspect poses an immediate and significant risk of serious physical injury or death to the police officer or others in the community. It is important to note that excessive force and police brutality apply not only to circumstances where lethal force is used, but also when an inappropriate and unjustified excessive use of force is used that results in injuries to victims, such as batons, rubber bullets, beatings and blows, chokeholds or other forms of choking.
or excessively tight handcuffs. While many law enforcement officers across the country perform their dangerous duties with dignity, courtesy, and respect for those in their communities and in accordance with state and federal laws, some police officers use excessive force throughout the process. Police misconduct occurs more frequently than it should, and victims whose rights have been violated by law enforcement have the right to justice. Understanding your legal rights when interacting with law enforcement is your first step in ensuring they remain protected. Victims of excessive violence and police brutality and their families are often desperate after the incident, especially if there is no serious investigation. The police misconduct provision in USC 34§ 12601 makes it illegal for law enforcement officers to consistently engage in conduct that deprives individuals of constitutional rights. Some of the types of activities involved in police misconduct may include the use of excessive force, discriminatory harassment, forced sexual interference, false arrests, unlawful stops, searches or arrests. In many cases, these incidents involving the excessive use of force are not isolated cases and are in fact a pattern of illegal conduct by a law enforcement agency. The remedy under this particular act does not provide for financial compensation, but does provide for a right to an injunction to attempt to change the policies and procedures that led to the police misconduct.
If you have suffered injuries or feel that your constitutional or legal rights have been violated in your interactions with law enforcement due to the excessive use of force, you may have the right to take legal action. Each case depends on the facts and circumstances of the incident, and you need a strong defense lawyer to ensure that your legal and constitutional rights are protected. Contact an experienced civil rights lawyer at V. James DeSimone Law at 310-693-5561 for strong legal representation. Keywords: police coercion, use of force, theory, decision-making, behaviour Excessive violence and police brutality apply not only to cases of lethal violence, but also when the injuries are relatively minor but result from inappropriate use of force. It is not always easy to see when the line between subtle intimidation and coercion has been crossed and is even more difficult to prove. A wise commercial negotiation can only be considered a contractual obligation if it can be proved that it was signed under duress. Similarly, the evidence of criminal coercion (or coercion) is based on the facts surrounding the incident and can be quite subtle. For example, saying «Gee, I`d hate for something to happen to your daughter» is technically vague, even if it`s said with coercive intent. The Supreme Court has recognized that «the right to arrest or stop an investigation necessarily implies the right to apply a certain degree of physical coercion or threat.» However, the level of coercion or violence used must be proportionate to the threat and only intensify in response to the threat. If a police officer used excessive force against you, your constitutional rights were violated.
You have the right to file a civil rights claim, either for an injunction or a withdrawal of money pursuant to Section 42 USC 1983 of the United States Code. In addition, you have the right to file a complaint with the U.S. Department of Justice. Ultimately, if you have enough facts for the judge to reject a summary verdict, a jury will consider the facts and circumstances of your case and all the circumstances to decide whether the police officer`s actions are considered «objectively reasonable.» If a party enters into a contract under duress (usually under threat of harm or retaliation), that contract may be considered illegal and therefore unenforceable. Even in situations where most of the contract is actually legal, the entire contract may be terminated (i.e. terminated) if it can be demonstrated that only one provision was entered into under duress. One possible defense for making coercive charges is if the other party has also been involved in coercive measures called the «dirty hands» doctrine. Most states have criminal charges of coercion and also allow civil lawsuits by district attorneys or attorneys general (for example, for an injunction). The legal definition of coercion is fairly uniform from state to state: the use of intimidation or threats to force (or prevent) someone from doing something they have a legal right (or not to do) to do. Fees are usually increased if physical strength has been used or threatened.
Examples of state laws dealing with coercion include: The constitutional right to be protected from excessive force lies in the appropriate Fourth Amendment search and seizure obligation and eighth amendment prohibition of cruel and unusual punishment. The term excessive force refers, in particular, to situations in which law enforcement officers exceed the scope of force required against another person to defuse a situation or protect others or themselves from danger or harm. When police officers use excessive force, it is called police brutality. Everyone in the United States has the constitutional right to be protected from excessive force by law enforcement as expressed in the reasonable search and seizure requirement of the Fourth Amendment and the prohibition of cruel and unusual punishment in the Eighth Amendment to the United States Constitution. .