Use Of Excessive Force By Police As A Crime
1. Introduction: Defining Excessive Force by Police
Excessive force refers to the use of physical power beyond what is necessary to accomplish a lawful police purpose, violating legal standards and often resulting in injury or death.
It is considered a criminal offense when police action goes beyond lawful bounds, violating constitutional, statutory, or international human rights protections.
The crime is recognized under various legal frameworks: domestic criminal law (assault, battery, manslaughter), constitutional law (violation of civil rights), and international law (torture, ill-treatment).
2. Legal Framework for Excessive Force
Domestic Law: Penal codes usually criminalize assault, battery, or homicide, including when committed by police officers.
International Law: International human rights treaties (e.g., ICCPR, CAT) prohibit torture and cruel, inhuman, or degrading treatment, implicating police conduct.
Constitutional Law: Many countries recognize excessive force as a violation of constitutional rights to life, liberty, and security.
Police Use of Force Policies: Internal regulations define permissible force levels; deviation may be criminally liable.
3. Key Elements of the Crime
Unlawful Use of Force: Force used must exceed what is reasonable or necessary.
Intent or Recklessness: Often requires intentional or reckless conduct by police.
Causation of Harm: Physical injury, death, or significant psychological trauma.
Official Capacity: The perpetrator must be a law enforcement officer acting under color of law.
4. Case Law Examples Illustrating Excessive Force as a Crime
Case 1: Terry v. Ohio (U.S. Supreme Court, 1968) – Foundational Use-of-Force Analysis
Facts: Police conducted a stop-and-frisk without probable cause.
Holding: Established the “reasonableness” standard under the Fourth Amendment for police searches and seizures.
Relevance: While not criminal prosecution, the case set constitutional limits on force and intrusion.
Significance: Police force must be reasonable in scope, paving the way for excessive force claims.
Case 2: Graham v. Connor (U.S. Supreme Court, 1989)
Facts: Plaintiff alleged excessive force during a diabetic episode arrest.
Holding: Established “objective reasonableness” test for excessive force claims, based on facts from the officer's perspective.
Impact: Police officers held liable when force used is objectively unreasonable.
Legal Outcome: Affirmed criminal and civil liability potential for excessive force.
Case 3: R (on the application of Hasan) v. Secretary of State for Defence (UK, 2015)
Facts: British soldiers accused of excessive force in Iraq.
Court Ruling: Soldiers can be prosecuted for unlawful use of force, including excessive force.
Significance: Military and police personnel subject to criminal law for excessive force, emphasizing accountability.
Case 4: People v. Amador (California, 2001)
Facts: Police officer used chokehold causing suspect’s death.
Charges: Involuntary manslaughter and use of excessive force.
Outcome: Officer convicted; sentenced to prison.
Significance: Domestic criminal conviction for police officer abusing force, setting precedent for accountability.
Case 5: Mohamed v. Kenya Police (Kenya, 2018)
Facts: Police officers used excessive force during a protest, causing injuries.
Legal Proceedings: Court found police liable for assault and ordered compensation.
Significance: Demonstrated judicial willingness to prosecute police for excessive force in Africa.
Case 6: The People v. Derek Chauvin (Minnesota, 2021)
Facts: Police officer Derek Chauvin used a knee restraint leading to George Floyd’s death.
Charges: Second-degree murder, third-degree murder, and manslaughter.
Judgment: Convicted on all counts; sentenced to over 20 years.
Significance: Landmark case globally underscoring criminal liability for police use of excessive and deadly force.
Case 7: R v. Adomako (UK, 1995) – Negligence Leading to Death
Facts: An anesthetist’s gross negligence caused death; analogous principles applied to police cases.
Relevance: Established gross negligence manslaughter standard, applicable in police excessive force cases causing death.
Significance: Set threshold for criminal liability based on negligence, including for officers.
5. Challenges in Prosecuting Excessive Force by Police
Qualified Immunity and Legal Protections: Some jurisdictions provide officers immunity or high burden of proof.
Evidence Gathering: Lack of independent witnesses or video footage complicates prosecution.
Institutional Resistance: Police unions and political influence may hinder investigations.
Victim Intimidation and Retaliation: Fear among victims and witnesses reduces reporting.
Cultural and Systemic Issues: Normalization of force in policing cultures obstructs accountability.
6. Conclusion
Excessive force by police is a criminal offense recognized under domestic and international law. While many countries have established legal standards and criminal penalties, effective prosecution remains challenging due to institutional and practical barriers. However, case law across various jurisdictions—such as the conviction of Derek Chauvin or domestic rulings like People v. Amador—demonstrate that police officers can and do face criminal liability for excessive force.
RELATED Blog
0 comments