Excessive Force an Officer Shoves

Excessive Force An officer shoves a suspect against a brick wall, handcuffing her. The officer beside him also shoves a suspect against the brick wall, only this one smashes the suspect's head hard, breaking his nose and dislocating his shoulder. The former officer used what is called reasonable force, whereas the second used what is classified as excessive force. Law enforcement officials have a right to use a certain amount of physical and mental force when apprehending suspects.

For example, when making a lawful arrest, a police officer might place handcuffs on the suspect and search his or her body and belongings for contraband. In extreme instances, an officer might be required to use a weapon, such as when the suspect wields a weapon with intent to fire or injure the officer. However, officers of the law are not permitted to use an unreasonable or ill-motivated amount of physical force on a suspect.

Defining excessive force is frequently necessary in courts of law, to protect the rights of citizens and prevent the abuse of power by police or other officers of the law. There is no clear definition of "excessive force," because the term is ascribed and defined circumstantially. The phrase "excessive force" is commonly used in law enforcement and in legal proceedings to refer to instances in which an officer of the law uses physical power professionally in an extent that is deemed unreasonable by his or her peers.

Excessive force" is a two-word phrase consisting of an adjective (excessive) and a noun (force). The word "force" was used in Middle English and has Old French and Latin origins. Etymological roots stem from the medieval Latin word fortia, which derives further from the Latin word fortis, meaning strong.

The dictionary defines the word force as "the use of physical power or violence to compel or restrain," or more generally as "the capacity to do work or cause physical change; energy, strength, or active power." The word "excessive" is an adjective form of the verb exceed, which also has Latin etymological roots, from the word "excdere." Excedere can be further broken down into the prefix "ex-," for "out," and "cedere," for "to go." Therefore, the word excessive means literally "going out," as in going out of bounds.

According to Dictionary.com, the word "excessive" means "exceeding a normal, usual, reasonable, or proper limit." Thus, force becomes excessive when the law enforcement official goes beyond the call of duty and deliberately causes bodily or mental harm to the alleged perpetrator. Excessive force" is an abstract term that has no clear-cut legal or dictionary definition. The line between reasonable and excessive force can be a tenuous one.

For example, if a suspect resists arrest, an officer may be required to use a certain degree of physical force to restrain the suspect. Such force might entail shoving the person against a squad car or a brick wall. Reasonable force might also entail conducting a full-scale search of the individual's belongings. Even if the suspect suffers a minor physical injury like a scrape or cut, the use of force by the officer will probably be deemed reasonable in a court of law and by his or her peers.

If the suspect's injuries required medical attention, though, the use of force might be considered excessive. Each case is considered on an individual basis. Such elements as the officer's size, the suspect's size, the severity of any injury incurred, and the severity of the crime under question will all be taken into account. When defining "excessive force," uninvolved officers who are considered to be reasonable and prudent will provide a personal and professional framework for judgment.

This personal perspective must be as objective as possible, rooted in common sense, moral decency, and professional standards. A reasonable, prudent officer cannot make decisions that are blurred by any personal connections with the officer or suspect in question. In most cases, the use of force can be clearly classified as being either excessive or as reasonable. All officers receive training on the proper way to conduct arrests, and when defining excessive force, such training serves as a basis for a valid legal judgment.

Say a suspect resists arrest by shouting some curse words and insulting the officer with verbal slurs. If the officer subsequently shoots the suspect in the abdomen, most reasonable officers of the law would probably agree that the use of force was excessive, unreasonable, and unnecessary. The suspect would have recourse to sue the police officer for using excessive force, or the arrest will be considered null.

if, on the other hand, an officer shoved a suspect against a squad car and cuffed his or her hands, the use of force would be reasonable. There are many reasons why an officer might use excessive force. He or she might have been considerably provoked by the suspect, through either verbal or physical abuse. The suspect might instigate.