Ch 10 (232)

Chapter 10 (232)
Name
Institutional affiliation
Chapter 10 (232)
Graham v. Connor was a Supreme Court case against the use of excessive force by a police officer. Graham v. Connor is applied in a situation where a police officer uses excessive force against an individual violating the person’s fourth amendment rights. In such a case, the judge establishes an “objective reasonableness standard” which begs the question of whether the same force would be applied by a reasonable officer with the same training and knowledge under the same circumstances. It also recognizes the fact that officers are to make split-second decisions and the way they act on the scene is independent of other reasons that may have arisen after the fact called a “20-20” hindsight. In determining “objective reasonableness” which include the presence of the immediate threat posed by the subject, the severity of the crime, and if there were attempts to resist or flee of arrest (Roufa 2017). Although the lower courts apply the Graham standard differently, in many cases they favor the officers. They interpret this standard based on the intrusion of the officer, “justification of the intrusion,” “the need to perform official duties,” “facts and circumstances” around the situation and the degree of resistance the officer faced during the arrest (Ross, 2014. p.270). Some other lower courts attach additional criteria by requiring the plaintiff to prove if they have obtained an unreasonable significant injury from the use of excessive force even though Graham’s decision is the standard, it is not uniformly applied in courts (Ross, 2014).

The standard for the use of force against a prisoner is based on the presenting problem against the police; a police officer should not use excessive force except for the subject poses a threat to the life of the police officer or the environment. The U.S. supreme court interpreted the eighth amendment standard in the use of force against prisoners in Hudson v Mc.Millan (Ryan, n/d). In this case, the court identified excessive force used by the officer, but in the absence of significant injury, no violation occurred. So the standard for the use of force against a prisoner is based on the ruling of the U.S. Supreme Court.
References
Connor, G. V. 490 US 386 (1989).
Ross, D. L. (2014). Civil liability in criminal justice. Routledge.
Roufa. T(2017). Uses of Force in Law Enforcement and Corrections How Force Decisions Are Made and Control Tactics Are Evaluated n/p. Retrieved from https://www.thebalance.com/uses-of-force-in-law-enforcement-and-corrections-974553
Ryan J(n/d). Jails /Corrections Use of Force in Jails / Detention Centers. Retrieved from http://www.llrmi.com/articles/jails/jail_use_of_force.shtml