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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 115463
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Jurisdiction California, Santa Clara County I was recently

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Jurisdiction: California, Santa Clara County

I was recently arrested, and was brutalized to the point of perhaps-permanent neurological damage in my wrists. Can I use the fact of the documented brutality to make a case for a lower sentence, based on the fact that it was performed under color of authority, it was performed punitively, and it was cruel and unusual? Has anyone attempted to use this argument, of 'the punishment prescribed by the legislature is the standard of fair and usual'?
If the conduct of the officers was proved to be excessive force then you have a civil rights claim against them and you would need to bring suit against them for that and can file a civil rights violation through the FBI as well. The fact that there was excessive force used does not have to be considered by the DA or the court, but many times the DA will consider it in working a deal if the defendant signs a document waiving all rights to sue the department and the officers.


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