A police officer acting with misconduct can be used as a defense if you have been charged with a crime, because there are limits to what police are permitted to do in certain situations. Outrageous conduct by police is a lot different than entrapment, which is when a defendant makes a claim that he would not have committed a crime if they had not been enticed by police. Unfortunately, there is no universal test to show whether or not the conduct was outrageous enough to have a defense. The courts, however, will typically require you and your attorney to show them that the police were involved in creating the crime or pressured you into participating. It is not easy to succeed in these cases, but also not impossible.
Section 1983 is a statute that helps victims of police misconduct. This statute makes it unlawful for anyone under state law to deprive a person of his or her constitutional rights. Some of the most common claims that it has protected against include false arrest, malicious prosecution, and excessive force. Civil rights claims are of utmost importance because they provide the people with a balance between the duty of law enforcement and the rights of individuals to be protected.
Lawsuits and Intervention: Deterring Police Misconduct
Nowadays, victims of police misconduct will typically file a lawsuit and acquire damages for their injuries and emotional pain when they have been charged with a crime that they did not commit, or brutalized. These claims are centered around depriving a victim of their civil rights, which can act as a deterrent. Judges have been known to find patterns of misconduct by specific officers through civil rights lawsuits and will then direct actions to address the misconduct at hand.
If you have been charged with a crime and believe that police misconduct has been at play, act now. It is always important to work to protect your rights when you have been harmed physically or emotionally against your will. We will help you raise the defense of police misconduct to the courts. Call us today for more information.