This paper examines the concept of excessive force as it applies to law enforcement and military personnel. Beginning with the etymological roots of both "force" and "excessive," the paper traces how the phrase is defined contextually rather than by a fixed legal standard. It explains the factors courts and peer officers use to distinguish reasonable from excessive force, including the severity of injury, the nature of the crime, and the relative size and behavior of the parties involved. The paper also addresses motivations behind the misuse of force, constitutional protections available to American citizens, and broader applications of the term beyond policing.
An officer shoves a suspect against a brick wall, handcuffing her. The officer beside him also shoves a suspect against the brick wall, but 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, both to protect the rights of citizens and to prevent the abuse of power by police or other law enforcement officers. There is no clear, fixed definition of "excessive force," because the term is ascribed and defined circumstantially. The phrase is commonly used in law enforcement and in legal proceedings to refer to instances in which an officer of the law uses physical power to an extent deemed unreasonable by his or her peers. For a broader overview of how use of force is understood and regulated, the concept encompasses a wide spectrum of actions from verbal commands to lethal force.
"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. Its 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 the adjective form of the verb exceed, which also has Latin etymological roots, from the word excedere. This word can be broken down into the prefix ex-, meaning "out," and cedere, meaning "to go." Therefore, "excessive" literally means "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 with 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 such as 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, however, the use of force might be considered excessive. Each case is considered on an individual basis. Elements such as the officer's size, the suspect's size, the severity of any injury incurred, and the severity of the crime in question will all be taken into account. The Fourth Amendment provides the constitutional foundation against unreasonable seizures, and courts have used this protection to evaluate claims of excessive force in arrest situations.
"Role of peer officers and training standards"
"Provocations and circumstances behind misuse"
"Military use and constitutional protections"
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