What standard is used to determine whether force against a pretrial detainee is reasonable?

• A. Probability of arrest
• B. Objective reasonableness under the circumstances
• C. Strict liability
• D. Beyond a reasonable doubt

Answer: (D)

When evaluating force used on a pretrial detainee, the standard is objective reasonableness under the circumstances. Courts look at whether the force was reasonable for a reasonable officer on the scene given what was known at the time: the seriousness of the alleged offense, the detainee’s potential threat or resistance, and whether there were safer, less intrusive options available. This mirrors the Graham v. Connor approach to excessive force, but for pretrial detainees the Supreme Court has emphasized an objective, not subjective, standard under the due process clause. It’s not about convicting someone beyond a reasonable doubt or about probability of arrest; it’s about whether the level of force used was reasonable in light of the situation.