Graham V. Connor: The Use Of Force
Marked as one the most famous Supreme Court decisions that has truly shaped the way modern law enforcement in America is able to use force when dealing with citizens is the U.S. Supreme Court case Graham v. Connor which determined that "objective reasonableness" is the Fourth Amendment standard. This standard is still being used today and focuses on the severity of the crime, whether the subject poses an imminent threat to the officer, was the subject fleeing, and was the subject resisting.
KEY WORDS: Graham v Conner, Use of force, Fourth Amendment, Objective reasonableness, Rehnquist, and Supreme Court.
Introduction: The use of force is one of the most important aspects in policing a modern society. We are able …show more content…
The major case that was looked at regarding the use of force was Johnson v. Glick. This case used Justice Frankfurter's "shock the conscience" test, the court in Glick established four factors for determining the actions of the officer: (1) the need for the use of force;(2) the relationship between the amount of force needed and the amount that was used;(3) the severity of the injuries sustained by the plaintiff; and (4) whether force was applied in good faith or maliciously and sadistically for the very purpose of causing harm (Johnson v. Glick 481 F.2d 1028 (2d Cir. …show more content…
What was the Severity of the Crime? Was the suspect an immediate threat? Was the suspect resisting arrest? Was the suspect fleeing from an arrest? Police departments now use this test across the country. These factors have evolved thought out the years and courts have refined the test. “For example, courts consider the degree of threat posed by the suspect to officers or the public in light of relative numbers and strength. When officers are outnumbered or confronted with particularly powerful suspects, additional force may be justified. Sharrar v. Felsing, 128 F.3d 810 (3rd Cir. 1997). Courts may also consider the immediate availability of less-lethal tools. Tom v. Voida, 963 F.2d 952 (7th Cir. 1992)”. (Wallentine,
KEY WORDS: Graham v Conner, Use of force, Fourth Amendment, Objective reasonableness, Rehnquist, and Supreme Court.
Introduction: The use of force is one of the most important aspects in policing a modern society. We are able …show more content…
The major case that was looked at regarding the use of force was Johnson v. Glick. This case used Justice Frankfurter's "shock the conscience" test, the court in Glick established four factors for determining the actions of the officer: (1) the need for the use of force;(2) the relationship between the amount of force needed and the amount that was used;(3) the severity of the injuries sustained by the plaintiff; and (4) whether force was applied in good faith or maliciously and sadistically for the very purpose of causing harm (Johnson v. Glick 481 F.2d 1028 (2d Cir. …show more content…
What was the Severity of the Crime? Was the suspect an immediate threat? Was the suspect resisting arrest? Was the suspect fleeing from an arrest? Police departments now use this test across the country. These factors have evolved thought out the years and courts have refined the test. “For example, courts consider the degree of threat posed by the suspect to officers or the public in light of relative numbers and strength. When officers are outnumbered or confronted with particularly powerful suspects, additional force may be justified. Sharrar v. Felsing, 128 F.3d 810 (3rd Cir. 1997). Courts may also consider the immediate availability of less-lethal tools. Tom v. Voida, 963 F.2d 952 (7th Cir. 1992)”. (Wallentine,