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Police Accountability

How Much Force Officers Can Use During Arrest

Police officers are generally allowed to use reasonable force to take a person into custody. For example, if a suspect resists by momentarily attempting to run away or giving a token push, an officer wouldn’t be justified in using extreme force. If officers use unnecessary force, they can be subject to serious repercussions, including criminal prosecution and civil liability (in the form of lawsuits by victims).

Courts decide whether an officer’s use of force was unreasonable on a case-by-case basis, taking into account:

  • the severity of the crime
  • whether the suspect posed a threat, and
  • whether the suspect was resisting or attempting to flee. (Graham v. Connor, 490 U.S. 386 (1989).)

The amount of force that police officers can use when making an arrest is a subject of much concern and controversy. Police officers have discretion to use as much force as they—at the time of arrest—reasonably think necessary to protect both the public and themselves. But citizens’ groups, especially those made up of ethnic or racial minorities, often oppose the way police officers employ force. They claim that police regularly overstep the bounds of necessity. Consider the following example.

Too much. Officer Smith and his partner observe Delany punch someone outside a bar and then run away. The officers give chase. When they catch up, Delany struggles and strikes at the officers in an effort to escape. While Officer Smitts applies a chokehold, the partner manages to handcuff Delany and manacle his legs. However, Officer Smitts continues to apply the chokehold for another minute, until Delany passes out. Officer Smitts used excessive force and may be subject to a range of outcomes, including discipline from the police department. (His conduct, however, doesn’t affect Delany’s criminal liability for the punch.) 

The U.S. Supreme Court established that that a police officer who has probable cause to believe a suspect poses a threat of serious harm to the officer or others may use deadly force to prevent escape. (Tennessee v. Garner, 471 U.S. 1 (1985).) This might happen, for instance, if the suspect threatens the officer with a gun. The Court, however, indicated that officers should issue warnings when possible. It also held that deadly force is unjustified when the suspect poses no immediate threat to the officer and no threat to others. Continue reading from Nolo

George Floyd Justice in Policing Act

The George Floyd Justice in Policing Act is the first-ever bold, comprehensive approach to hold police accountable, end racial profiling, change the culture of law enforcement, empower our communities, and build trust between law enforcement and our communities by addressing systemic racism and bias to help save lives. The Justice in Policing Act would: 1) establish a national standard for the operation of police departments; 2) mandate data collection on police encounters; 3) reprogram existing funds to invest in transformative community-based policing programs; and 4) streamline federal law to prosecute excessive force and establish independent prosecutors for police investigations. The language of the bill is identical to the version passed in the 116th Congress with the support of the entire Democratic Caucus and three Republicans. Continue reading from US House of Representatives

From our Collection

Link to Hands Up, Don't Shoot by Jennifer Cobbina in the catalog
Link to Thin Blue Lie by Matt Stroud in the catalog
Link to Standoff: Race, Policing, and a Deadly Assault that Gripped a Nation by Jamie Thompson in the catalog
Link to Black and Blue by Jeff Pegues in the catalog
Link to Choke Hold: Policing Black Men by Paul Butler in the catalog
Link to The Black, The Blue by Matthew Horace in the catalog