How to Prove Police Brutality

By Steve Thompson, published Jan 22, 2008
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Excessive force. It's a term you hear most frequently on television, either on the news or your favorite detective show, but it's a very real issue plaguing America today. Police officers are sworn to protect the citizens of their jurisdiction, but they sometimes take their oath too seriously by beating up on arrestees. If you've been a victim of police brutality, you'll need to prove it in a court of law.

Police brutality occurs when an officer of the law uses excessive physical force or verbal threats with a civilian. It is commonly found in connection with arrests on the street, especially where other officers cannot see the event in question. It is also an issue in the corrections system and any situation where an officer is transporting a suspect.

In order to prove police brutality, you must be able to demonstrate that an officer used excessive force or verbal threats at some point during your contact with him. This can be difficult if other officers swear the brutality didn't happen, and this is an issue commonly referred to as the "blue wall of silence". Of course, it is more of a construct of Prime Time television than the real world, but I'm sure it happens more frequently in real life than we'd like to admit.

If you have a witness to the incident, it will be easier for you to prove police brutality. Although juries (and prosecutors) aren't typically fond of criminals (or alleged criminals) as the sole source of testimony against a police officer, your partner in crime may be your only choice.

You should also be able to catalog your injuries if you want to prove police brutality. Bruises, cuts, lacerations and even internal damage can serve as proof that you were "roughed up" at some point during your confrontation with police. Have your attorney take pictures of the injuries as soon after the incident as possible, and make sure the physician who examines you is willing to testify to his findings in court.

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