The police’s role in society is considered to protect and serve the people. Although the majority of police do achieve their goals with success, there are nevertheless exceptions to this role noted by the rise in police brutality and violence. Although not extensively reported, a US Department of Justice report showed that out of 26,556 citizen complaints about excessive use of police force among large U.S. agencies (approximately 55% of the total number of officers) in 2002, about 2000 were found to have merit.
Custodial Assault Committed by Police Officers
One common areas of complaint regarding police brutality is a police violence when under arrest or in custody at a jail or prison. Again, while statistics have not been kept, evidence does tend to show that this type of violence against an arrested person or someone held in jail still happens. To prove Custodial Assault, you must be able to show that an officer used excessive force or verbal threats at some point during your contact with him. Typically, this is much harder to show while in a jail than while being arrested due to the possibility of witnesses present. You must document all injuries to use as evidence, as well as gather any and all witnesses present to bolster your case.
Police Custodial Sexual Misconduct
Another area of police brutality involves Custodial Sexual Misconduct. Although it seems unlikely, custodial sexual misconduct does occur. Sexual misconduct can range from sexually harassing comments, inappropriate touching or groping, and sexual assault while in custody. Proving such cases can be difficult when its your word against the police, but they can nevertheless be proved. Criminal cases have been initiated against police officers, and civil cases have awarded money for sexual harassment and pain and suffering from such harassment.
Legal Rights when Being Held in Custody and Custodial Interference
Also, police abuse is also considered custodial Custodial Interference which usually encompasses being denied the services of an attorney when arrested. The right to a lawyer does not begin when you are arrested, but when “formal charges” have been initiated. Thus, an arrest, without formal charges, does not trigger the right to an attorney. When you are being held on formal charges, the police cannot withhold your right to an attorney unless you waive the right to have an attorney.
Help from a Lawyer
If you have been the victim of custodial violence, do not feel as if you cannot report it because the police did it. You should speak with an experienced lawyer immediately to assess your claims and help proceed either in criminal court or civil court. If you are denied access to a lawyer, a family member on your behalf should contact a lawyer immediately. The longer you wait to initiate proceedings, the more likely evidence like police recordings will be destroyed or witnesses will be less likely to remember.
