About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

85 J. Crim. L. & Criminology 481 (1994-1995)
How Reasonable Is the Reasonable Man: Police and Excessive Force

handle is hein.journals/jclc85 and id is 491 raw text is: 00914169/94/8502-0481 THEJouRNi OF CRimiMN. LAW & CRxmimoLocv Vol. 85, No. 2 Copyright © 1994 by Northwestern University, School of Law Thin&d in U.S.A. HOW REASONABLE IS THE REASONABLE MAN?: POLICE AND EXCESSIVE FORCE GEOFFREY P. ALPERT* and WILLIAM C. SMITH** The authority of the police to use force represents one of the most misunderstood powers granted to representatives of govern- ment. Police officers are authorized to use both psychological and physical force to apprehend criminals and solve crimes.1 This Article focuses on issues of physical force. After a brief introduction and a review of current legal issues in the use of force, this Article presents an assessment of current police policy development. After establish- ing the fundamental foundation for the use of force, the Article dis- cusses reasonableness and the unrealistic expectation which is placed on police to understand, interpret, and follow vague reasona- bleness guidelines. Until the expectations and limitations on the use of force are clarified, in behavioral terms, police officers will be re- quired to adhere to the vague standards of the reasonable person. I. INTRODUCTION The United States Civil Rights Commission reviewed police use of force in the early 1980s and reported: Police officers possess awesome powers. They perform their duties under hazardous conditions and with the vigilant public eye upon them. Police officers are permitted only a margin of error in judgment under conditions that impose high degrees of physical and mental stress. Their general responsibility to preserve peace and enforce the law car- * Professor, College of Criminal Justice and Research; Professor, Institute for Public Affairs University of South Carolina. Appreciation is expressed to Victor Kappeler and Kathryn Urbonya for their helpful comments on earlier drafts of this manuscript. ** Senior Consultant, Criminal Justice Consulting and Training Division, Sedgwick James of the Carolinas. 1 Psychological force or a show of authority can be a police presence, an order (either verbal or visual), or some other form of coercion or deception used to gain a suspect's compliance. Illinois v. Perkins, 496 U.S. 292 (1990); see generally, GEOFFREY P. ALPERT AND LORIE M. FRIDELL, POuCE VEHICLES AND FiREARms: INSTRUMENTS OF DEADLY FORCE (1992); FRED E. INBAU ET AL., CRIMINAL INTERROGATION AND CONFESSIONS (1986); Richard A. Leo, From Coercion to Deception: The Changing Nature of Police Interrogation in America 18 CRIME, L. AND SOCIAL CHANGE 35 (1992).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most