Graham v. Connor 9
Graham vs Conner
Shawnette Howard
SNHU
CJ560
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Background of the case
Facts
Graham v. Connor cases occurred in 1989.
The case was argued in February, and a decision was issued in May 1989.
It involved the petitioner Dethrone Graham and the respondent M.S Connor a charlotte police officer (Herd, 2020).
Graham v. Connor case is among the major controversial court cases in which the judicial process created civil unrests and discord. The cases occurred in 1989, where it was argued on February 21 of the same years, and a decision was also made on May 15, the same year (Herd, 2020). The case involved the petitioner Dethrone Graham and the respondent M.S Connor a charlotte police officer. The petitioner wanted to establish the claims that the police officer used excessive force and acted maliciously.
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Timeline
Legal aspect
Use of force when effecting an arrest.
Proceedings
on 15th May decision was issued (Herd, 2020).
History
Should excessive force claims be assessed under the 4th, 8th, or 14th amendment?
holding
Reasonable standard should apply to a free citizen claim.
The case dealt with the legal aspect of using forces in the courses affecting an arrest, investigatory stop, and other seizure of free citizens. The judicial proceeding occurred on February 21 when the case was argued and on 15th may when the decision was issued (Herd, 2020). The case wanted to establish excessive force claims can be analyzed under the 4th, 8th, or 14th amendment (Obasogie & Newman, 2017). An objective reasonableness standard should apply to a free citizen's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of his person.
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Verdict
The supreme court ruled that “excessive force claims must be assessed under the objectively reasonable standard” (Brown, 1990).
Thus the ruing from lower courts was struck down.
The Supreme court decision was the most appropriate verdict.
The supreme court ruled that excessive use of force claims must be evaluated under the objectively reasonable standard of the 4th amendments (Brown, 1990). Thus, the ruing from lower courts was struck down. The Supreme court decision was the most appropriate verdict. This is because when determining the police use of forces, different elements should be put into consideration as under the 4th amendment. One should look at the severity of the crime, Whether the suspect poses an immediate threat and whether an individual is actively resisting arrest (Brown, 1990). Thus the fourth amendment should be the only amendment that matters when determining the use of force by police.
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Type of court
Graham v Conner case was tried in a federal court.
The case was tried in a civil court since it was imitated by an aggrieved individual (Wetherell, 1991).
The case is also aimed at protecting individuals' rights and ensuring that they receive compensation for the wrongs done to them.
Graham v Conner case was tried in a federal court. The case also underwent civil court since it was initiated by an aggrieved individual and aimed at protecting individuals' rights and ensuring that they receive compensation for the wrongs done to them (Wetherell, 1991). Moreover, the actions were not harmful to the society and thus not an offset to the state. The case went to the supreme court since it involved the constitution and the federal laws' violation.
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Similarities and differences
Similarities
In both the proceedings all aimed at obtaining justice for every person
Differences
Civil proceedings aim to settle disputes between individuals, while in criminal law, the body of law deals with the crime (Wetherell, 1991).
Civil and criminal proceedings do not have many similarities when it comes to handling cases. However, they all aim at finding justice through the proper endorsement of the proof provided when it comes to making a decision. The two proceedings have differences. Foremost, civil proceedings aim to settle disputes between individuals, while in criminal law, the body of law deals with the crime (Wetherell, 1991). Additionally, In civil law, the burden of proof falls on the plaintiff, and in criminal law, it falls on the government or state.
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References
Brown, J. I. (1990). Defining Reasonable Police Conduct: Graham v. Connor and Excessive Force during Arrest. UCLA L. Rev., 38, 1257.
Herd, D. (2020). Cycles of Threat: Graham v. Connor, Police Violence, and African American Health Inequities. BUL Rev., 100, 1047.
Obasogie, O. K., & Newman, Z. (2017). The futile fourth amendment: Understanding police excessive force doctrine through an empirical assessment of Graham v. Connor. Nw. UL Rev., 112, 1465.
Wetherell, J. (1991). Civil Rights. Drake L. Rev., 40, 639.