http://www.heavy.com/news/2013/10/chicago-police-brutality-video-cassandra-feuerstein/
The case involving Cassandra Feuerstein was very simple in the beginning. She was arrested under the charges of drunk driving, not possessing a valid insurance, parking improperly, and resisting an arrest. The controversy and complication did not arise with this issue itself, but rather when a police officer by the name of Michael Hart pushed Cassandra with such force that shattered her face on the pavement. The devastating result seemed to favour Cassandra entirely, but the issue was not as simple and one-sided as that.
Officer Hart is a well recognized and respected police officer within his community due to his participation in the Honour Guard program. Members of this program devote a significant amount of time to train and perfect their abilities. A man of such devotion towards his work is not likely to exert an unnecessary amount force against a completely complying citizen. This point is further strengthened by the included video. A moment before the push that injured Cassandra, it is clear to see that she is holding onto the sides of the door, trying her best to avoid being put into the cell. Officer Hart could have simply tried to push her into the cell with absolutely no malicious intent, but due to Cassandra's sudden release of strength (presumably because she was still under alcoholic influences), she was flung across the cell, falling face first.
Cassandra's lawyer, Torri Hamilton completely disagrees. She suggests that her client was completely compliant during the whole process, and only wished to be able to speak to her children and family in order to resolve their concerns. Any act that resembled a resistance towards the officer could have just been out of her care and concern for her family. Her client has eventually pleaded guilty for the charge of driving under influence, but the resisting the arrest charge was dropped.
Unlike most cases involving police brutality, this one presents many factors in which the incident could easily be interpreted as an unfortunate accident. Officer Hart has not displayed any action that can be decisively confirmed to have malicious intent. Given his background, it also seems unlikely that he would willingly commit such act of violence to a compliant citizen. The ambiguity of this case that prevents us to prove the mens rea of Officer Hart ultimately renders us unable to conclude his action to be criminal. Although Cassandra's concern for her family is respectable, her actions shown in the video can be seen as a resistance against an officer. Collectively, it seems that this complication that sprung from what seemed to be another case of police brutality, can be concluded to be more of an accident than as a police misconduct.
Officer Hart is a well recognized and respected police officer within his community due to his participation in the Honour Guard program. Members of this program devote a significant amount of time to train and perfect their abilities. A man of such devotion towards his work is not likely to exert an unnecessary amount force against a completely complying citizen. This point is further strengthened by the included video. A moment before the push that injured Cassandra, it is clear to see that she is holding onto the sides of the door, trying her best to avoid being put into the cell. Officer Hart could have simply tried to push her into the cell with absolutely no malicious intent, but due to Cassandra's sudden release of strength (presumably because she was still under alcoholic influences), she was flung across the cell, falling face first.
Cassandra's lawyer, Torri Hamilton completely disagrees. She suggests that her client was completely compliant during the whole process, and only wished to be able to speak to her children and family in order to resolve their concerns. Any act that resembled a resistance towards the officer could have just been out of her care and concern for her family. Her client has eventually pleaded guilty for the charge of driving under influence, but the resisting the arrest charge was dropped.
Unlike most cases involving police brutality, this one presents many factors in which the incident could easily be interpreted as an unfortunate accident. Officer Hart has not displayed any action that can be decisively confirmed to have malicious intent. Given his background, it also seems unlikely that he would willingly commit such act of violence to a compliant citizen. The ambiguity of this case that prevents us to prove the mens rea of Officer Hart ultimately renders us unable to conclude his action to be criminal. Although Cassandra's concern for her family is respectable, her actions shown in the video can be seen as a resistance against an officer. Collectively, it seems that this complication that sprung from what seemed to be another case of police brutality, can be concluded to be more of an accident than as a police misconduct.
Thanks Joey. You bring up some valid questions as to whether this act was of a brutal nature or simply an accident. It helps show us that things are not always black or white in law and it can be difficult to determine what exactly happened.
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