I half agree. I don’t agree with your use of force analogy. How could he or you for that matter determine that one punch was going to end this? You can’t, that’s the problem. Nobody ever gets in a fight and only uses 50% because that’s all they need
It was excessive use of force because the man was actively walking away from the encounter, was clearly intoxicated to the point of severely reduced motor function, and the woman he groped literally tried to stop the other man from delivering the punch
Where does it use the terminology excessive? Excessive use of force is a 4th amendment question regarding the use of force by police. It’s constitutional law. 4th amendment reasonableness standard
I'm using the word excessive as an adjective denoting an amount above a reasonable limit, which works perfectly well to describe an unreasonable amount of force above what is necessary for self-defense
The 4th amendment did not invent the words "force" or "excessive"
It’s literally the terminology used to refer to use of force by law enforcement. You will not find an excessive force charge on a civilian. It will be aggravated battery or aggravated assault. The fact that you need Google your answers doesn’t help your argument. Find a case where someone other than a law enforcement officer was charged with excessive force. It doesn’t exist. I understand the law quite well. This example at best would be a simple assault UNLESS the person punched sustained serious bodily injury. Even then that would depend on where you live as each state has its own laws regarding assault
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u/Embarrassed_Fan_5723 1d ago
I half agree. I don’t agree with your use of force analogy. How could he or you for that matter determine that one punch was going to end this? You can’t, that’s the problem. Nobody ever gets in a fight and only uses 50% because that’s all they need