Proving police brutality requires understanding use of force guidelines, convincing a judge or jury that excessive force was used, and overcoming the blue wall of silence. Definitions of excessive force vary by jurisdiction, and complaints are investigated internally before court cases. Evidence such as video, testimony, and medical reports can help prove excessive force.
To prove police brutality, the plaintiff must first understand what the limits or guidelines are regarding the use of force in the jurisdiction in question. To win the case, the plaintiff must convince a judge or jury that the police officer in question has exceeded the amount of force the circumstances allow. Proving police brutality can be extremely difficult as witnesses to the incident are often other police officers and the complainant is faced with a blue wall of silence. A judge or jury will generally look at three things to determine whether the officer overstepped the bounds of him: whether the plaintiff was resisting arrest and to what extent; the plaintiff was armed; and what force the officer actually used to compel the plaintiff to comply.
The definition of police brutality or excessive force can vary widely by jurisdiction. In some countries, the use of force, even lethal force, is rarely questioned. Within the United States, there is no clear definition of what constitutes excessive use of force. One possible definition involves whether the officer reasonably believed that the level of force used was necessary to achieve a legitimate policing purpose. The use of force is a highly subjective matter that depends heavily on every detail of the incident that gave rise to the need for force.
A complaint against a police officer for police brutality will generally be investigated internally by law enforcement agencies themselves before a plaintiff can file an actual court case. In many jurisdictions, this is a prerequisite for filing a formal complaint in court. The Internal Affairs Division will then conduct a thorough investigation and present their report along with a conclusion as to whether or not the officer used excessive force. The finding that the officer did not commit police brutality does not prevent the plaintiff from pursuing the case in court.
When force is used, the police officer will no doubt argue that the subject was resisting arrest. Any video or testimony to the contrary will help prove police brutality. If the subject was armed, the police officer is almost always justified in using the additional force, even if the subject does not actually use the weapon. The amount of force used by the police officer will be the biggest issue in the case and often the determining factor. Hospital reports, x-rays, photos of injuries, and of course witness testimony or video can be invaluable in proving that the amount of force actually used by an officer was unnecessary and amounts to police brutality.
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