Wednesday, December 24, 2008

ER Docs Surveyed Claim Excessive Force by Police

A recent article (http://www.reuters.com/article/healthNews/idUSTRE4BN39F20081224?feedType=RSS&feedName=healthNews ) shows that a huge majority of emergency room physicians report that patients who had been treated after being subject to use of force by police officers were subjected to excessive force. Within the same article is discussion about whether ER docs should begin mandatory reporting of suspected excessive force by police. I cannot describe adequately how much damage this report will cause to the police profession, nor can I adequately express how utterly worthless the research is to the issue of police use of force.

The opinion of anyone - regardless of whether they are a well educated, well respected professional -about an event which they have not witnessed and about which they have no objective information is worthless and irrelevant. They may be experts in assessing injury but they are not experts in assessing whether that injury was justifiably and legally incurred. It would be no surprise to find that patients who were the subject of such force would almost universally claim that the force was excessive. "Thanks for using the Taser on me Officer I sure had that coming" is not a phrase you're going to hear very often.

There is no comparison between a domestic violence victim or child abuse victim and the person who has been injured by the police. A law or policy requiring medical personnel to report suspected excessive force by police is entirely out of place. No family violence victim chooses to be the subject of an assault. Persons who disregard their statutorily mandated duty to submit to an arrest and obey police commands do make that choice. No abuser of a spouse or child has the right to commit an act of violence against their prey (other than lawful corporal punishment of a minor for disciplinary purposes). A police officer is specifically trained, equipped, and lawfully mandated to be the aggressor in contacting persons suspected of criminal behavior. They are given Constitutional guidelines, certain levels of immunity, and statutory authority to act on behalf of the people in the use of necessary means to gain compliance. Victims of relationship violence have few resources and weak recourse against their attackers. Citizens who claim excessive force have advocates waiting in the wings to help them file grievances, imperil an officer's job, sue the officer and his or her employing agency, or commence a state or federal civil rights investigation. There is no conceptual correlation between a victim of relationship violence for which there are mandatory reporting and protection laws, and the subject of a police use of force.

I urge people in the medical, research, and law enforcement professions to speak out at every opportunity when this research is cited as evidence of police misconduct.

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