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Using an Expert Witness to Prove Police Brutality

     By HG.org

Police brutality is a constant issue that requires the help of an expert witness to prove it exists within the case, and the professional may need to show this based on the evidence gathered. When the victim has been innocence of any charges but injured by the officer, this could assist in demonstrating how the claim involves police brutality.
Through the help of electronics, video surveillance and similar items, the unknown and unnoticed police brutality is becoming more clear in the age of computers. However, an expert may need to explain to the courtroom how police are trained, why certain injuries are too aggressive to consider an arrest and, when harmed in this way, the individual attacked is owed damages. Proving this may require additional evidence and testimony from others. Generally, the law enforcement agency bands together even in the face of guilt, and this could lead to complications and difficulty in a successful end result.

Cases with police brutality are acquiring more light with the public, and this could complicate matters for the police agency when the local community is aware of what the officer did when arresting someone. This could lead to an inquiry, problems with other law enforcement agencies and legal difficulties. If additional injured persons come forward, the officer or agency could face multiple lawsuits at once. An expert witness may then explain to the court how the specific person or more than one could have been trained improperly or did not follow the rules he or she was taught when apprehending a possible criminal. If the incident occurred without prompting, the victim may be entitled to punitive damages to punish the officer if the judge decides it is necessary.

What is Police Brutality?

When a law enforcement officer engages in violent arrests, harming an individual when the situation does not call for it or unwarranted attacks, he or she is usually participating in police brutality. To better understand these matters, an expert in police procedure is hired to explain why certain circumstances require a more aggressive arrest. However, when these elements are absent, the officer that arrested or attacked a potential or incorrectly determined criminal perpetrator of a crime is not properly acting according to his or her training. This could lead to several instances of litigation against him or her or the entire police force. Single or multiple instances of these problems are what give law enforcement as a whole a bad name in the electronic age.

Many crimes of police brutality are based on racial profiling and racism. When officers of one color attack or harm an innocent person that may or may not resemble a criminal element they are after, they may engage in racial attacks. Some are unable to distinguish the features of one person against another due to the color of the skin. Unfortunately, this has led to several national news stories and riots because of rampant racism in the law enforcement agencies throughout numerous towns and cities in the United States. These instances of police brutality could lead to wrongful death suits of innocent persons that never committed any illegal acts.

The Expert in the Police Brutality Case

When legal assistance has been contacted to prove that law enforcement agencies or officers have been involved in police brutality, an expert witness is usually hired to assist with the claim. Documentation is often first recorded such as pictures of the abuse, a medical examiner providing an additional source as a record and filing the paperwork as well as detailing the treatment necessary for recover and the situation is discussed at length to obtain as much description of what transpired. The expert may or may not have been hired at this point, but if he or she has been, he or she may remain in the room while these details are explained. This better assists the case and the professional may use this as part of his or her testimony.

To better understand the actions of police officers, experts in police brutality compile a report for the courtroom. This generally includes opinions, a conclusion and details of any methods or processes in discovering who is liable for damages. How law enforcement works is necessary for the judge or jury in deliberating with full knowledge for the victim. The expert witness may also explain how much in compensation may be necessary for a full recovery if he or she has been trained in the medical field.

Copyright HG.org


While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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