Judicial Interpretation of Reasonableness in Use of Force Cases: An Exploratory Analysis

20 Pages Posted: 9 Jan 2020

See all articles by Howard Henderson

Howard Henderson

Texas Southern University - Barbara Jordan-Mickey Leland School of Public Affairs

Frank Wilson

Independent

Date Written: December 18, 2019

Abstract

Throughout the history of police-community encounters, the use of force has always been an issue that has raised strong emotional reactions. Indeed, given the media hype and other forms of sensationalism, it is little wonder that the issue draws so much scrutiny. The community, law enforcement and the judiciary have varying definitions of what is an acceptable level of force in the line of duty. Given the Courts findings, the ultimate goal is to reach an objective definition of use of force that the community, law enforcement and the judiciary can agree. This article examines prior Supreme Court cases and examines the decisions rendered, challenges in developing definitions regarding the use of force, as well as the implications that are associated with those decisions.

Suggested Citation

Henderson, Howard and Wilson, Frank, Judicial Interpretation of Reasonableness in Use of Force Cases: An Exploratory Analysis (December 18, 2019). Available at SSRN: https://ssrn.com/abstract=3505766 or http://dx.doi.org/10.2139/ssrn.3505766

Howard Henderson (Contact Author)

Texas Southern University - Barbara Jordan-Mickey Leland School of Public Affairs ( email )

Frank Wilson

Independent

No Address Available

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