Can police be prosecuted for misusing tasers?
Yes. Police are given wide latitude to use force to defend themselves, subdue violent suspects and maintain order. They’re also issued a variety of weapons, including batons, tasers and firearms. That’s a lot of power. But like all public servants who get entrusted with power and discretion, it can lead to abuse. It’s unfortunately not uncommon for some cops to cross the line from proper and reasonable use of these weapons, to excessive force and even outright police brutality. When police taser a subject without just cause, they commit a crime. Depending on the circumstances, they could be charged with criminal battery or assault with a deadly weapon. If police tase a subject repeatedly just out of a sense of sadistic pleasure, which does happen from time to time, they could be liable for the California crime of torture (Penal Code 206)…a conviction for which carries a life sentence.
