Paper Summary:

This paper examines whether it is actually necessary and reasonable for police officers to use force, as preventative measures against crime have changed the statistics. The paper further points out that when in fact an arrest is made, the manner in which it is carried out must not only be justified at its inception, but the level of force that may be used must be considered "reasonable." The paper continues by defining "reasonable" according to the Constitution and other sources. Next there is an extensive literature review, which includes case law, on this topic. Next, the paper describes the methods used for its investigation into the topic of reasonable force and the findings. The paper concludes by stating that the use of pro-active, preventative actions, rather than defensive actions after the fact, may be the logical substitution for use of force by law enforcement officers. It is much better to prevent crimes or control them, than to have to use force as a reaction, to stop them and risk the lives of not only the criminals, but of police officers and innocent citizens.

Outline:

Introduction and Problem Statement
Review of Literature
Methods
Findings

From the Paper:

"The Constitution puts forth a standard of "reasonableness" in the Fourth Amendment, saying that the word is not conducive to "precise definition," but that each individual case must be viewed separately. Seen from the perspective of a reasonable law enforcement officer at the scene, cases are considered, not with hindsight, but in consideration of the fact that split-second judgments must often be made "in circumstances that are tense, uncertain, and rapidly evolving-about the amount of force that is necessary in a particular situation" (Graham, pp. 396-397).
"In deciding the circumstances that govern reasonableness in using particular levels of force, the Supreme Court has shown that it depends upon "the severity of the crime;" "whether the suspect poses an immediate threat to the safety of the officers or others;" and "whether the suspect actively is resisting arrest or attempting to evade arrest by flight" (Hall, p. 1). Recent cases may reassess law enforcement officers' applying force when making arrests."

Sample of Sources Used:

• Beck v. Ohio, (1964). U.S. Supreme Court, 379 U.S. 89.
• Bell v. Wolfish, (1979). U.S. Supreme Court, 441 U.S. 520.
• Bureau of Justice Statistics, (2009). Crime and Victims Statistics. U.S. Department of Justice * Office of Justice Programs. Reviewed July 14, 2009 at http://www.ojp.gov/bjs/cvict.htm#ncvs.
• Federal Bureau of Investigation (2008). Law enforcement officers killed and assaulted, Uniform Crime Report. Oct. 14, 2008. Reviewed July 15, 2009 at http://www.fbi.gov/ucr/killed/2007/documents/summaryleoka2007.pdf.
• Graham v. Connor, (1989). U.S. Supreme Court, 490 U.S. 386.

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