Police Brutality

USE OF FORCE by the police falls under the Fourth Amendment to the Constitution because it involves the “seizure” of a free citizen. Whether a use of force is “brutal” (or excessive) is case-specific and hinges on whether the act was objectively reasonable under the circumstances (Graham v. Connor, 490 U.S. 386, 1989). Excessive force by jail and prison personnel constitutes “cruel and unusual punishment” under the Eighth Amendment.

Excessive use of force by officers of the criminal justice system, if found to be intentional, is punishable by state statutes covering crimes of violence (assault, rape, and homicide) and by the federal statute 18 U.S.C. §242. The latter covers “Deprivation of Rights Under Color of Law,” and punishes by up to a year in federal prison any person acting under color of law who intentionally and wrongfully uses excessive force, or by as many as 10 years if there is bodily harm or a dangerous weapon is used, or by as much as life imprisonment or the death penalty if the harm inflicted caused death, was intended to cause death, or involved or was intended to involve kidnapping or aggravated sexual abuse. A person need only be working under legal authority during the use of force to be punishable by Section 242. It covers both full and part-time justice system workers and those who do not work for the justice system but who have lawful arrest or other detention powers (for example, private police and correctional officials, deputized persons).

Nonfederal offending officers and their agencies may be civilly liable in state court, or in federal court under 42 U.S.C. §1983. Because §1983 does not cover federal officers, it was established that they may be held personally civilly liable in federal court for unreasonable force or other rights deprivation under a “Bivens Claim” (Bivens v. Six Unknown Federal Narcotic Agents, 91 S. Ct. 1999, 1971). Federal government agencies can only be held liable for rights violations under the Federal Tort Claims Act (28 U.S.C. Chapter 171).

Unreasonable fatal and nonfatal violence perpetrated by police against citizens sometimes has been attributed to stress-inducing job factors, most notably life-threats, social isolation, peer pressures, departmental policies (or lack of them), discretionary decision-making pressures, physiological stress, and anticipatory fear in responding to calls. These conditions contribute to what Jerome Skolnick has termed the “policeman's working personality.” This personality is said to be nurtured on the job and includes the elements of authoritarianism, suspicion, racism, insecurity, hostility, and cynicism. Police are expected to establish authority immediately in a tense situation. They sometimes resort to physical force to achieve that authority.

Police are constantly exposed to danger, so they are likely to become suspicious about those who are not part of the police fraternity. Suspicion and authority, coupled with hostility and insecurity, can easily promote the use of unreasonable force. Role socialization may also partly explain brutality by prison authorities; Phillip Zimbardo demonstrated that even ordinary citizens will develop authoritarian personalities while temporarily in the role of human custodians.