There is No Concrete Definition for Excessive Force.
The Black’s Law dictionary defines excessive force as “Unreasonable or unnecessary force under the circumstances.” USLegal defines this as a violation of a person’s constitutional rights. The Lectric Law Library defines it as…………..
- Even previous definitions given are substandard
Apparently, every definition given for excessive force is not convincing. Relying entirely on reasonability, necessity, constitutional rights and justice in the definition of excessive force is misleading. The fact that the constitution does not prohibit a law enforcing officer from using unnecessary force, as it may later be determined………..
Cases of the use of excessive force have been brought up by inmates. However, defining excessive force to cover only a person’s constitutional rights is erroneous. It is unclear whether the 4th Amendment or the………….
- Each variable in excessive force is interpreted differently
The police officers may respond differently to an issue and thus the variables, which range from a mere request to lethal force, are often applicable. These variables are interpreted differently with regard to the facts of the case………..
The manner in which one acquires information from another makes a distinction in the amount of force used to acquire the information. Acquisition of information can be gently done through asking or harshly through demand………
A Dallas police officer was sentenced to six months for pepper spraying a man handcuffed in 2011. The judge found that the force used by the officer was excessive to amount to official oppression……..
The use of physical force by the police is acceptable but at some point, the police officer’s actions to get control of or restrain a suspect may become illegal. In fact, Police brutality is a violation to the laws of the land as it is in the Eighth Amendment to the US constitution…………..
Lethal force would see police officers employ force that would have an immense effect on the being of a person, or even kill the person. The state is prohibited from depriving a person of life or liberty, with regard to the Fourteenth Amendment. This would mean prima facie, that at no point would one be allowed to deprive one of his right to life………
- Courts have set a rational in determining the standard of excessive force
The manner in which the courts have tackled cases of excessive force prove that indeed there is no concrete definition of excessive force. A well noted precedent by most judges is the four-factor test established in the case of Johnson V Glick (1973)…………
The definition of excessive force is relative. In one aspect, the force used to undertake a particular act may be reasonable, in another, the same force would be considered unreasonable. The variation in the use of force should always depend in the situation at……….