Unwarranted & Excessive use of force by Police
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A state has three main organs in its body that work to ensure the success of a nation. These organs can either make a nation or break it from inside out. These are the legislature, executive, and judiciary. Legislature makes the law, executives ensure its enforcement, and the judiciary interprets it and deals with the breaches.
Police, by definition, known as the “peacemaker of society”, is the part of the executive body of the state that ensures a link between legislature and judiciary. It ensures that a nation remains in a lawful state and the laws are implemented along with law and order in the affairs of state to ensure the safety of citizens, and prevention and protection against criminal and civil wrongs. The main part of the police’s job is to avert a lawless state and prevent crime, civil disorder, and political unrest. All of this is done under the limits drawn by law, and the power is vested into police by a very specific set of instructions that no official is allowed to cross. The power can only be exercised on duty and in a reasonable manner, as the situation demands. This power includes:
- Use of firearms and weapons
- Laser tags
- Use of chokeholds and pepper sprays
- Arrest and detention.
What happens when this power is manipulated, and the excessive and unwarranted use of force is witnessed on behalf of the Police who are empowered to protect us against the unlawful use of force? Unlawfulness on the part of those who are supposed to preserve the lawful state of society is ironic. When this happens, cases like that of George Floyd arise. No state is perfect, and imperfections arise when the body of law that is supposed to protect us against the social evils, is involved in doing the same. What happens is that the police officers often use force beyond the necessity of it, and all of this happens in the face of racism, discrimination, or simple domination over a person. This starts as harassment and may quickly lead to a more serious and heinous situation, like a wrongful restraint or a custodial death. When this happens, you may find yourself asking, is there any remedy against those who are supposed to remedy our situation? The answer is yes. Every individual is equal before the law and anyone can sue and can be sued. You can sue the officer who has used unlawful force against you or anyone you know because your safety is protected constitutionally. You have a right against unlawful arrest, detention, excessive use of force, torture, and inhumane and degrading treatment. Now one may ponder on the question of “Qualified Immunity of a Police officer in the performance of his duties”. When a situation arises where a wrong is done against you, no remedy in law will protect the wrongdoer and no immunity will protect the offender if their use of force is excessive and unwarranted. This is a true example of the legal maxim “Where there is a wrong, there is a remedy!”
In a case of wrongful use of force, unnecessary restraints, or use of firearms, there is a remedy for it. You can reach out to the pacific attorney group for a successful case of offense against police brutality, to lessen the cases, and to set a precedent by raising your voice and breaking the chain of domination.
“Freedom is never really won, you earn it and win it in every generation.”
- Coretta Scott King
McEldrew Young Purtell Merritt
123 S. Broad St., Ste. 2250
Philadelphia, PA 19109
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