Graham vs. Connor Essay - 577 Words - StudyMode.
Audio Transcription for Oral Argument - February 21, 1989 in Graham v. Connor Mark Irving Levy: Unfortunately, some important material is not contained in the joint appendix, but I would urge the Court to read the record if it decides to undertake the question of whether the directed verdict in this case was appropriately entered.
Graham petitioned for a writ of habeas corpus by arguing that the sentencing jury should have considered the mitigating circumstances of his youth and troubled family life. The district court denied the petition, and the United States Court of Appeals for the Fifth Circuit affirmed. The Supreme Court remanded the case to the Court of Appeals, and a panel reversed the district court’s ruling.
Officer Connor became suspicious after seeing Graham hastily enter and leave the store, followed Berry’s car, and made an investigative stop, ordering the pair to wait while he found out what had happened in the store. Other backup police officers arrived on the scene, handcuffed Graham, and ignored or rebuffed attempts to explain and treat Graham’s condition. During the encounter, Graham.
The severity of the crime at issue. Whether the suspect posed an immediate threat to the safety of the officer or others. Whether he was actively resisting arrest or attempting to evade arrest by.
Graham’s failure to obey Connor’s order to stay at the car could affect all three. 4. Was the Suspect Fleeing from a Lawful Arrest? Like resistance, attempting to evade an arrest frustrates several governmental interests. The general rule is that the more serious the crime, the greater the governmental interest in stopping the suspect, and the more intrusive the seizure may be. 5. There.
U ntil 1989, when deciding whether police use of force was excessive, courts would evaluate the officer’s state of mind. Unless the officer maliciously and sadistically used force to hurt the person, that force was not excessive. The Supreme Court of the United States then decided in Graham v. Connor (1989) that police use of force is governed instead by the Fourth Amendment.
In Graham v. Connor (1989), the U.S. Supreme Court answered these questions. The Supreme Court ruled that police use of force must be “objectively reasonable”—that an officer's actions were reasonable in light of the facts and circumstances confronting him, without regard to his underlying intent or motivation. The Court stated that while “reasonableness. .. is not capable of precise.