InsideCounsel Features Matthew McNicholas on “Objective Reasonableness” in the Ferguson Shooting
Partner Matthew McNicholas was featured in the article, “Jury will use objective reasonableness in Ferguson shooting case” published by InsideCounsel, explaining the “objective reasonableness” test and how it will affect the ruling in the Michael Brown shooting case against Officer Darren Wilson in Ferguson, MO. As publicized in the media, Mr. Wilson shot and killed Michael Brown, an unarmed African-American teenager who was a suspect in a robbery. It will be up to the jury to decide if Mr. Wilson used “objective reason” during the incident.
Mr. McNicholas says, “That standard requires the jury to analyze the relevant facts to determine whether the officer had an objectively reasonable belief that he or the public was in imminent danger of serious bodily injury or death. If the answer is ‘yes,’ then deadly force was allowed. This standard means that the officer’s subjective belief is not relevant – the jury cannot consider it.”