NCJ Number
193798
Date Published
2001
Length
8 pages
Annotation
This paper examines the impact on police agencies and the public of cases in which police use excessive force and suggests strategies police can use to prevent the use of excessive force.
Abstract
Part I of the paper defines "excessive force," reviews legal remedies, and explains how excessive force violates constitutional protections that lead to legal liability. In Graham v. Conner (1989), the U.S. Supreme Court held that reasonable force was the amount of force that a prudent officer would use given similar circumstances. The amount of force required is dictated by the circumstances of each case. Excessive force is thus any level of force that exceeds that force which a prudent officer would use to achieve legally acceptable results. In excessive-force cases, plaintiffs file lawsuits that allege infringements on their Fourth and Fourteenth Amendment rights. The Fourth Amendment prohibits unreasonable searches and seizures of persons, houses, papers, and other areas without a valid warrant or probable cause. The Fourteenth Amendment protects against the deprivation of life, liberty, or property without due process of law and ensures equal protection. Police excessive-force case sometimes lead to mistrust and tensions between police agencies and the community. Part II of this paper presents strategies police can use to reduce such lawsuits. The authors advise that with improved training and monitoring of officers, empowering civilian review boards, and acquiring accreditation, police agencies can reduce excessive force litigations. 35 references