Battletard wrote:
Azelma had it right when he said the threshold for brutality is compliance vs noncompliance.
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he did not have to comply and should not have complied.
Are you reading the things you write?
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Excessive force comes into play when you have the subject subdued and CONTINUE to batter and beat them.
Not even remotely correct.
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The
Bureau of Justice Statistics (BJS) in Data Collection on Police Use of Force, states that "…the legal test of excessive force…is whether the police officer reasonably believed that such force was necessary to accomplish a legitimate police purpose…" However, there are no universally accepted definitions of "reasonable" and "necessary" because the terms are subjective. A court in one jurisdiction may define "reasonable" or "necessary" differently than a court in a second jurisdiction. More to the point is an understanding of the "improper" use of force, which can be divided into two categories: "unnecessary" and "excessive." The unnecessary use of force would be the application of force where there is no justification for its use, while an excessive use of force would be the application of more force than required where use of force is necessary.
Considering the punch to the face: there was not justification and the force was excessive for what was required for compliance. The takedown wasn't even bad and unless the cop picks someone up off the ground and slams then down, it's hard to say a takedown is excessive or unjustified.