Leigh Segars is a licensed attorney with extensive experience in research and writing. She provides legal research, writing, and editing services to attorneys, and previously worked as a staff attorney to state and federal judges. Prior to attending law school at the University of Mississippi, Ms. Segars worked as a freelance writer creating copy for advertising agencies, writing magazine articles, and editing newsletters for businesses and non-profit organizations. She is an active member of the Florida Bar.
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Articles By Leigh Segars
Police officers are, of course, allowed to use reasonable force when arresting someone. When they use more force than is necessary to make an arrest, the arrestee might have a viable lawsuit for any resulting injuries.
Anyone who has had a bad experience with the police—even one not resulting in physical injury—has probably wondered whether there is any remedy. Many want to know whether they can sue.
Police officers are generally free to determine when to arrest someone; they need freedom to investigate the crime and collect evidence.
To be responsible for a crime, the defendant must have had the mental state to commit it. Accidentally striking someone, for example, typically doesn’t constitute an assault or battery.
Occasionally, a person faces a situation that requires doing something illegal in order to prevent serious harm.
Most states require premeditation, and many also require deliberation, for a conviction of first degree murder.
When any witness, including a defendant, testifies, his or her credibility is at issue. The fact-finder (either judge or jury) must decide whether and how much to believe the witness.