Navigating legal cases involving the use of force is incredibly complex for attorneys. These situations require a detailed analysis of high-stress incidents, which is where a use of force expert becomes an invaluable asset.Â
With backgrounds in law enforcement or security, these professionals provide an objective, fact-based assessment that clarifies whether the force used was reasonable.Â
Their expertise helps attorneys understand the technical aspects of a case and present this complex information clearly to a court. Ultimately, a use of force expert is crucial for ensuring a fair and just decision.
Reconstructing the Incident
One of the primary ways a use of force expert assists attorneys is by meticulously reconstructing the incident. They analyze all available evidence, including body camera footage, surveillance videos, witness statements, police reports, and medical records.Â
By piecing together a timeline of events, they can determine the sequence of actions, the threats perceived by the individual using force, and the physical dynamics of the confrontation.Â
This detailed reconstruction provides a factual basis for the attorney’s argument, helping to clarify what happened and why.
Analyzing Compliance with Policy and Training
Law enforcement agencies and security firms operate under specific policies, procedures, and training standards regarding the use of force.Â
A qualified use of force expert will review these protocols to determine if the actions taken by the officer or security guard were in compliance with their own department’s guidelines.Â
They can assess whether de-escalation tactics were attempted, if the level of force was proportional to the threat, and if proper procedures for restraining an individual were followed. This analysis helps attorneys build a case around failures in training or deviations from standard policy.
Explaining the Use of Force Continuum
The use of force continuum is a widely accepted framework that outlines appropriate responses to varying levels of resistance. This concept, however, is often not understood by the layperson.Â
A use of force expert can explain this continuum to a judge or jury, clarifying the rationale behind an officer’s decisions in a high-stakes situation.Â
They can testify on whether the force used was justified based on the perceived threat, helping to establish the reasonableness of the actions taken. This expert testimony is crucial for both the prosecution and defense to make their case effectively.
Assessing the Perception of Threat
In many use of force cases, the central question is whether the individual using force reasonably perceived a threat. A use of force expert can analyze the situation from the perspective of the person involved, taking into account factors such as lighting, distance, and the speed of events.Â
They can also explain the psychological and physiological effects of stress on an individual, such as tunnel vision or auditory exclusion, which can impact decision-making. This expertise helps attorneys argue whether a split-second decision to use force was reasonable under the circumstances.
Evaluating Evidence and Forensic Analysis
Beyond reconstructing the timeline, a use of force expert can provide forensic analysis of physical evidence. They may review medical records to assess the nature and cause of injuries, analyze ballistics in a shooting case, or examine physical evidence from the scene.Â
Their findings can either support or challenge the claims of either side. This objective, scientific analysis can be a powerful tool for an attorney, providing credibility and substantiating their legal arguments.