Decision-making Patterns in Police Use-of-Force Cases Before the Federal Courts of Appeal: 1991-1996

• NCJ Number: 188066
• Journal: Justice System Journal Volume: 22 Issue: 1 Dated: 2001 Pages: 47-60
• Author(s): Joseph A. Schafer; Thomas J. Martinelli; D. Kall Loper
• Date Published: 2001
• Length: 14 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This study examined characteristics and trends in police use-of-force cases reviewed by United States Courts of Appeals in the years 1991-1996.

Abstract

The study examined how the courts handle suits brought against the police for alleged excessive force. It considered the nature of the force at issue, the parties named in such suits, and additional legal claims made by the plaintiffs. It gave further attention to those cases in which Courts of Appeals reversed the original decision of the Federal District Court. Findings identified reasons why the district and appellate courts disagreed on certain cases and indicated that, at least at the appellate level, police and citizens prevailed in a similar proportion of cases. The study does not claim to examine cases representative of all use-of-force cases considered by U.S. Courts of Appeals. Rather, it offered insights into the handling of one sample of cases. It suggested that improved sampling techniques would yield critical insights into the ways judicial officers apply abstract legal doctrine to "real world" cases. Notes, figure, tables, references