NCJ Number
190594
Journal
Criminal Justice Policy Review Volume: 12 Issue: 3 Dated: September 2001 Pages: 235-248
Date Published
September 2001
Length
14 pages
Annotation
This article examines the legal principles applicable to excessive force claims against officials and governing bodies regarding the use of alternative means of force.
Abstract
The rise in the use by law enforcement officials of alternative instruments and methods of force poses a daunting conundrum. On one hand, the obvious salutary effects of decreased fatalities and serious injuries cannot be denied. On the other hand, the necessary consequence of increased litigation to delineate the legal contours governing the use of alternative means of force could and undoubtedly will exert a profound societal cost. The article provides an overview of the governing principles and standards arising from relevant State law. It also reviews general principles applicable to Federal civil rights claims for constitutional and Federal statutory law violations and specifically discusses individual and municipal liability. The article concludes that the alternatives, which may not be lethal but still cause serious bodily injury, require the exercise of caution. It suggests that talking out a potentially dangerous situation may still be the most prudent action. Notes, references