How are the terms subjective and objective used in criminal procedure?
What will be an ideal response?
The terms subjective and objective are sometimes used to describe the thought process used in Supreme Court decisions. Although these terms are well understood in everyday use, what they mean in the language of criminal procedure is not necessarily so well defined.
Police conduct that is deemed subjectively reasonable, or characterized by subjective reasonableness, is conduct that would be considered reasonable by the police officer engaged in the conduct. For example, if a police officer arrests a person without probable cause but he personally believes that probable cause was present, his or her actions can be considered subjectively reasonable. Objective reasonableness, by contrast, refers to what a reasonable person (usually, a reasonable police officer) would do or feel under the circumstances. It is meant to reflect what society at large is prepared to accept as reasonable.
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