What is Justified vs. Unjustified Force—and How Do Courts Decide?
When a police officer uses force in an encounter, the same questions come up every single time. Did they try to deescalate enough? Was the amount of force they used appropriate for the situation or did they use excessive force? And the question that haunts those left injured by police officers when the use of force is unjustified —how can we hold rogue police officers accountable? An excessive force attorney can learn more about your claim and help you decide your next steps.
Choosing the right excessive force law firm can make a significant difference in the outcome of your claim. At the Law Offices of Dale K. Galipo, we are passionate about protecting your civil rights and holding aggressive police officers accountable for their actions. Attorney Dale K. Galipo has spent more than 20 years focusing exclusively on cases involving police misconduct. Call us at 818-347-3333 to discuss your case with our team.
When Force is Necessary
Unfortunately, the use of force is sometimes necessary. In an ideal world, all confrontations between police and the public could end via verbal de-escalation, but that simply isn’t how it works. When there’s immediate physical danger to an officer or another person, an officer may have to intervene with physical force. Consider, for example, a person with a weapon attempting to hurt another person or the police. Another common scenario requiring physical force is an ongoing assault in which the police must intervene to protect the victim.
What Constitutes Justified Force?
But just because force is sometimes necessary does not mean that all levels of force are appropriate. Justified force is considered to be the minimum amount of force needed to neutralize a threat. A number of factors come into play in these scenarios, including the severity of the threat, the likelihood that the person would have caused actual physical harm to someone else, and other tactics used by the police to try to de-escalate the situation prior to resorting to physical force.
When Force Becomes Unjustified
When, then, are a police officer’s actions considered to be excessive force? Excessive force lawyers have to draw that line every single day. Force becomes unjustified when the amount used is disproportionate to the threat at hand. For example, if someone starts to become physically aggressive with the police by getting too close and attempting to intimidate them, some physical force may be necessary—but shooting them would likely be considered unjustified.
Force may also be unjustified when it comes not from a desire to neutralize a threat, but from anger, retaliation, or a loss of control. For example, if a police officer is dealing with someone taunting them and calling them names, they are not in any real physical danger—so if they reacted with physical force, that choice would likely be the result of anger or a desire for revenge.
Factors That Guide the Court’s Decision
Ultimately, what’s considered justified and unjustified comes down to what the court believes, not what the involved parties or excessive force attorney believe. The court will consider a number of factors in order to determine whether or not an officer acted appropriately.
They may look at whether or not the officer’s perception of the threat was reasonable. Anyone can say they feel threatened for any reason, but that doesn’t actually mean that they were in any danger. The judge and jury may look at evidence to figure out if the officer appropriately assessed the danger level of the situation.
It’s also important to look at how an appropriately trained officer would respond in a similar situation with the same information available. An excessive force lawyer may point to training materials used by the police department or de-escalation protocols in an effort to show that an officer’s use of force was unjustified.
Context cannot be ignored in situations like these. The court takes the entire situation into account, including any provocations leading up to the situation, any previous issues with the parties involved, and de-escalation efforts.
Explore Your Legal Options With the Law Offices of Dale K. Galipo
Our excessive force law firm is committed to helping you pursue compensation after you’ve been the target of aggressive police handling. Set up a time to talk about your case online or call us at 818-347-3333.
