NCJ Number
122004
Journal
Notre Dame Law Review Volume: 64 Issue: 1 Dated: (1989) Pages: 136-156
Date Published
1989
Length
21 pages
Annotation
Two constitutional standards are used by Federal courts to determine excessive police force in arrest cases under Section 1893 of the Civil Rights Act: the fourth amendment reasonableness standard and the fourteenth amendment shock the conscience standard. The fourth amendment reasonableness standard is judged to be the better standard, for it effectively meets such policy concerns as victim compensation, judicial efficiency, and effective law enforcement.
Abstract
The nature and extent of crime and violence in American society are studied, with emphasis on the pressures and conditions that law enforcement officers must cope with in carrying out their responsibilities and the Federal courts' search for a standard to use in determining the use of excessive force in arrest claims. Lester v. City of Chicago and other relevant cases are examined and focus on the specific fourth and fourteenth amendment standards applied in excessive force in arrest cases. The effect of the two standards on such policy issues as victim compensation, judicial efficiency, and effective law enforcement is discussed, with the conclusion that a single standard of reasonableness must be adopted by the Federal courts. 145 footnotes.