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...
He or she might have been considerably provoked by the suspect, through either verbal or physical abuse. The suspect might instigate the officer to use excessive force by being belligerent or resisting arrest. In some cases, military officers might use excessive force with impunity, because of the particular stresses and strains of the battlefield. Known terrorists might also be treated with excessive force. In some cases officers of the law can get away with the use of excessive force, especially when the victim is not an American citizen. However, the use of force is unconstitutional as well as immoral, and all American citizens are protected from excessive force in theory if not also in practice.
The term "excessive force" is attractive and appealing. The phrase lends its name to a Hollywood action film starring Thomas Ian Griffith and James Earl Jones. Excessive force also applies to more than just police officers: the phrase can be used to describe the actions of military personnel. For example, some American troops are under investigation for using excessive force against Iraqi civilians as well as prisoners being held at Guantanamo Bay. Therefore, the phrase "excessive force" has a wide range of applications. All Americans should be familiar with their constitutional rights regarding the use of force, to be fully aware of the powers and the limitations of the law.
