Eric Gardner Chokehold Case Assignment instructions
Read the New York Times articles “Wave of Protests After Grand Jury Doesn’t Indict Officer in Eric Gardner Chokehold Case” In an essay format discuss how the case meets the legal definition of excessive force. Your response should be submitted in an APA format with at least two additional references to support your response. A minimum of one page.
Sample Solution
The case of Eric Garner, who died in 2014 after being placed in a chokehold by a police officer, has sparked widespread protests and discussions about the use of excessive force by law enforcement. The legal definition of excessive force is when an officer uses more force than is reasonably necessary to accomplish their lawful duty. In this case, it can be argued that the officer used excessive force. Firstly, the use of a chokehold itself can be considered excessive force. The New York Police Department banned the use of chokeholds in 1993 because they are known to be dangerous and have resulted in deaths before. Despite this ban, Officer Daniel Pantaleo used a chokehold on Eric Garner during his arrest for selling loose cigarettes on the street.
Secondly, Garner was not resisting arrest or posing any immediate threat to anyone’s safety at the time he was placed in the chokehold. He repeatedly told officers that he could not breathe and begged them to stop before losing consciousness and later dying at a hospital. This suggests that Pantaleo used more force than was necessary to subdue Garner.
Thirdly, video evidence shows that other officers were present during Garner’s arrest but did not intervene or attempt to stop Pantaleo from using excessive force. This raises questions about whether there
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