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Expert Witness Explains Objective Reasonableness Standard in Police Practices

Police practices when confronting someone that may have perpetrated a crime should be reasonable and have guidelines to prevent consequences that lead to litigation. However, when law enforcement officers are unable to rein in emotional outbursts, physical violence against others and similar incidents, an expert witness is needed to explain how these standards should affect the scene.

Police practices should involve objective judgment when facing someone that may have committed a crime. The individual is afforded innocence until he or she has been proven guilty. Often when police brutality is part of the proceedings, this objectiveness is lacking in the situation. An incident occurs because the reasonable standards to remain objective are not included, and the individual is treated like a criminal which may lead to an altercation where he or she is harmed in the process.

These incidents lead to litigation if the victim is innocent and injured in the process of the arrest. False arrests and wrongful deaths also lead to lawsuits where the victim or family presses for compensation or a remedy to the event.

The expert witness is hired to explain how the objective standards of reasonable police practices should be employed in the
situation. Training, live-action exercises and repetition of the information is part of keeping the police officer within the guidelines. However, some agents and officers are unable to comply, and then the incident causes litigation and complication for the agency or department. The expert often has experience with the police force or has worked with an agency or department closely, so he or she has knowledge of how these processes usually work with the force. He or she is then able to explain why the incident did not involve objective reasonable standards.

Police Brutality and Object Standards

When an arrest is made, the officer is to approach the person as if he or she could be a threat, but the gun and any other methods of containing the individual are not to be used in the standard situation unless there is a risk of danger to the cops. However, an increasing number of law enforcement officers and agents are discovered using unreasonable means based on the circumstances. These are the events that lead to litigation when the accused is harmed unreasonably. The arrest is sometimes a case of mistaken identity or based on entirely false information. Even when administration from higher up permits more aggressive weapons, the standards do not change as quickly.

The expert witness explains how police practices should remain objective in light of evidence, an arrest and holding the accused in jail. At no point should the possible perpetrator of a crime be the subject of brutality, violence or a physical attack. These are the standards and guidelines in place for law enforcement officers. The expert hired for the claim against the officer or department is tasked with showing through video, audio or physical injuries how the victim of the incident should not have been treated as he or she was when confronted with the police.

Objective Reasonableness and the Expert

Objective and reasonable force is what police should be kept to in accurate standards. However, this does not necessary translate into minimal force. It does not even explain what is necessary in the situation. Because of this, reasonable force is misused, misunderstood or not adhered to when confronting what some feel is a criminal. Law enforcement officers come in all shapes, sizes and backgrounds. While these factors play a part in the arrest, police brutality and violent episodes, they also explain why an officer may attack an unarmed civilian. Then, the expert explains the behavior and how it was not objective or reasonable in the given incident.

To hold police officers to the standard of objective reasonableness in an arrest or interrogation of a possible perpetrator of a crime, he or she must follow standards within reason and ensure there are no bouts of extreme or excessive behavior. This protects both the accused and the officer from possible harm and injury. Additionally, if these standards are followed accordingly, litigation is reduced or mitigated before it may progress to the courtroom.

Testimony of the Expert

The expert hired for these claims provides a clear picture that the officer did not adhere to objective or reasonable behavior when the victim was injured or harmed during an arrest, interrogation or similar instances. Logical and rational thought may have been lacking, and then emotional outbursts caused the officer or agent to react negatively and harm the victim.

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Disclaimer: 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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