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Learning Goal: I’m working on a criminal justice discussion question and need an explanation and answer to help me learn.
The U.S. Supreme Court in Graham v. Connor (1989) determined that “objective reasonableness” is the Fourth Amendment standard to be applied in assessing claims of excessive force by police; this study analyzed the patterns of lower Federal court decisions in 1,200 published Section 1983 cases decided from 1989 to 1999.The three factor inquiry in Graham looks at (1) “the severity of the crime at issue,” (2) “whether the suspect poses an immediate threat to the safety of the officers or others,” and (3) “whether he is actively resisting arrest or attempting to evade arrest by flight.”Answer the following question: Should the claim of excessive force be analyzed under the Fourth, Eighth, or 14th Amendment? Using the three factor inquiry in Graham answer the question. Your response should be in paragraph form, APA and include three sources. You should explain how the claim of excessive force is supported by the 4th, 8th or 14th Amendment.