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EXCESSIVE FORCE - Police misconduct is a persistent issue in the United States, with reportedly hundreds of cases per year. Of all types of misconduct, the most publicly discussed—and reported—is excessive force. It's also the most commonly reported complaint against police departments. Those statistics make policing reform and accountability necessary.
Understanding Police Misconduct
Police abuse may be defined as police behavior that violates the departmental code, statute, or constitutional protections. Even though the term encompasses all sorts of issues—such as corruption, racial bias, or unauthorized searches—excessive force remains the most serious and most frequently reported abuse.
The police officers in America use force against approximately 300,000 individuals annually and injure 100,000, Mapping Police Violence adds. In addition, approximately 1,200 individuals are being murdered by police officers annually, averaging nearly three deaths per day. All the above facts indicate the seriousness of the problem in the nation.
What is the Most Common Complaint Against the Police?
Civilian complaints provide insight into public concerns about law enforcement behavior. While data collection is inconsistent nationwide, available research indicates that excessive force is the most common complaint in jurisdictions where complaint data is available.
Most of these complaints involve allegations of the use of excessive force during arrest, traffic stop, or other encounters. These incidents disproportionately affect marginalized communities. Black individuals are 3.2 times more likely to be subjected to police use of force compared to white individuals.
Case in Point: Los Angeles and San Jose
The Office of the Los Angeles City Controller has announced that between 2018 and mid-2022, there were over 4,300 use-of-force events involving injury on the LAPD. LAPD alone recorded 37 officer-involved shootings in 2021, and 18 were fatal. A majority of force encounters—particularly among Black and Latino residents—occurred while responding to non-violent calls or routine stops.
Similarly, other municipalities like San Jose have been in the spotlight for use-of-force trends and civilian complaints as well. Local trends are symptomatic of greater national issues, illustrating how police abuse continues to plague major metropolitan cities as well as smaller city centers across the United States.
The Consequences of Excessive Force on Communities
Excessive force has far-reaching consequences, including:
- Eroding public trust between law enforcement and the policed communities
- Physical and emotional distress to victims and their loved ones
- Financial costs such as medical bills, lawyer fees, and lost wages
Initiatives to Eradicate Police Abuse
Several measures are being used to reduce excessive force and increase accountability:
- Body Cameras: Many departments, the LAPD among them, require officers to use body cameras. Studies show that these can reduce both use-of-force cases and civilian complaints if used consistently.
- Policy Reforms: Some cities have banned controversial restraint practices. In Minneapolis, neck restraints declined from 973 events in 2019 to a record low of 112 in 2021 following a policy update.
- Federal Oversight: Police Department reform settlements with the U.S. The Department of Justice has decreased overall force use by 22%.
- Community Oversight: City civilian oversight boards in cities like Los Angeles engage in efforts to foster transparency and public accountability.
Reporting Police Misconduct
People can complain to:
- The police department's Internal Affairs Unit involved
- Local citizen review boards, such as the Los Angeles Civilian Oversight Commission
- The U.S. Department of Justice's Civil Rights Division
In some cases, victims of misconduct may find themselves facing charges connected to the same incident. For these individuals, defending your rights with a criminal defense attorney in San Jose can be a critical step—not only to protect their freedom but also to challenge any violations that occurred during the arrest or investigation.
Legal Recourse for Victims of Police Misconduct
The victims of excessive use of force, false arrest, or other mistreatment generally have serious legal problems that could impact them in the long term. Legal representation in such a situation is essential to safeguard their rights.
For individuals who have suffered from police misconduct, working with a police misconduct lawyer can help them pursue justice, whether through civil rights claims or legal action against the responsible officers. An experienced attorney can challenge rights violations, advocate for accountability, and work to have unjust outcomes reversed or corrected.
Finally, challenging police abuse through the courts is one of the most immediate means by which individuals can safeguard their rights and contribute to reform.
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