Abstract
Excerpted From: Christopher M. Bellas, Factors That Influence Jury Verdicts in Police Use of Force Cases, 73 Case Western Reserve Law Review 895 (Spring, 2023) (227 Footnotes) (Full Document)
This Article features the many factors that influence jurors' decision making in trials involving police use of excessive force. First, there is a discussion of what exactly police use of force is and how much exists. Second, there is a review of the relevant case law regarding police use of force that focuses primarily on the doctrine of qualified immunity (a code that affords police protection from being sued, most often under 18 U.S.C. § 1983). Third, in those rare police use of excessive force trials, the final decision regarding the liability of the defendant most often rests with a jury. Because the Sixth and Seventh Amendments to the U.S. Constitution state one is to be tried by a jury of one's peers, which comes from the community, I investigate the importance of community relations with the criminal justice system, in particular policing, and how these relationships shape a potential jury pool. Finally, I assess the psychology behind juror decision making and its impact in police use of force trials regarding the psychological schema already impressed on jurors prior to rendering verdicts or that could color or negate their interpretation of the evidence presented at trial.
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A case involving police use of excessive force going to trial is rare. This Article examined the important case law that demonstrates a major roadblock for having a jury decide whether police engaged in excessive force--getting past the granting of a motion for summary judgment based on the doctrine of qualified immunity. Assuming the plaintiffs can overcome such a hurdle, only then can a jury operationalize both internal and external factors in their decision-making process for deciding if a police officer did in fact use excessive force. However, as long as courts protect law enforcement from civil claims under the doctrine of qualified immunity, understanding what shapes jury verdicts in police use of force cases will continue to be under studied.
Dr. Christopher M. Bellas is an Associate Professor of Criminal Justice and Director of the graduate program at Youngstown State University. He holds a B.A., M.A., and Ph.D. in Political Science and a master's degree in Criminal Justice.
