Use of Force Laws
Basic legal principles of human rights declare that all persons are entitled to life and liberty, which includes being free from unjustified physical violence. The use of physical force against another is legally justified only when applied by a law enforcement officer in the reasonable, appropriate exercise of his or her duties, or when applied by a civilian against another in a situation warranting acts of self-defense or defense of another.
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Case Law
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The U.S. Supreme Court has said that "[o]ur Fourth Amendment jurisprudence has long recognized that the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it." Graham v. Connor, 490 U.S. 386, 396 (1989). The determination of whether that use of force is reasonable or necessary can only be made on a case-by-case basis. The law regarding use of force is accordingly found primarily in case law decisions rather than in the statute books.
Policies
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Law enforcement agencies adopt policies pertaining to the use of force. Agency policies are public documents which have the effect of law--they are binding against the agency that promulgated them. A 2003 study by the U.S. Department of Justice Community Relations Service found that departmental policies have a significant impact on how force is used in street-level encounters. Use of force in violation of a police department's stated policies may result in having the arrest declared illegal and the officer facing civil liability.
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Court Review
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Courts reviewing police use of force look first to the standards set by the U.S. Constitution as well as the constitution of the state in which the incident occurred. Courts also look to statutes that formed or authorized the police agency, as well as the department's policies. Courts apply these standards to the facts of the incident as presented through testimony and any other evidence, such as photographs and tool or weapon marks. The judge compares these facts to those of other reported cases, then makes a determination as to the reasonableness and necessity of the action. That determination comprises the law for that case.
Key Legal Standard
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The key legal standard for review of use-of-force cases was set by the U.S. Supreme Court in Graham v. Connor 490 U.S. 396 (1989), which held that courts must look at whether the officer's actions were reasonable based on the information and circumstances confronting that officer at the time. The court stated that "the 'reasonableness' of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must embody an allowance for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation."
Self-Defense Statutes
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Self-defense laws define the legal parameters of civilian use of force against other civilians. Unlike the law pertaining to police use of force, state statutes usually set the standards by which courts will determine whether a civilian use of force was justified.
Issue of Retreat
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State statutes regarding civilian use of force vary on the issue of whether, when, and how far a citizen must retreat before being lawfully authorized to use force against another. "Stand Your Ground" laws allow any citizen in any location where he or she is authorized to be--home, workplace, shopping area--to resist an unlawful attack by physical force. "Castle Doctrine" laws hold that a person may use physical force to resist intruders in their home, but not at other locations. States with neither of these laws may require a person to take all steps to retreat from a confrontation, even in their own home, before physical force is deemed lawful.
Impact of the Heller Case
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In the 2008 case District of Columbia v. Heller, the U.S. Supreme Court ruled that otherwise law-abiding American citizens have a right to maintain firearms in the home "for the core lawful purpose of self-defense." Although the decision implies a right to use force to defend a residence, the Supreme Court did not comment on the right to defend oneself outside the home, nor did the decision rule as to whether one must first retreat within the home before using force. The Heller decision underscored a basic right of self-protection within one's home, but did not alter states' laws of self-defense regarding retreat.
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References
Resources
- Photo Credit Cindy Hill
