Also known as: objective standards of reasonableness · objective reasonableness · reasonable person standard
Written by attorneys · grounded in primary & secondary sources — see below
A measure for evaluating conduct or belief by reference to what a hypothetical reasonable person would have done or believed under the same circumstances. The inquiry disregards the actual actor's personal characteristics or state of mind. Application turns on whether the conduct or belief aligns with that of the reasonable person.
Oswald Orozco gave officers permission to search his vehicle for drugs with no stated limits. Officers opened a closed duffel bag in the trunk and found narcotics inside. The search remained within the scope of consent because a reasonable officer would have understood the permission to reach any container that could hold the drugs.
Orion Orlov's trial lawyer conducted no investigation into alibi witnesses despite Orlov's repeated requests. A court later measured the lawyer's inaction against the conduct of a reasonably competent attorney facing the same record and time constraints. The lawyer's performance fell below that benchmark.
Select any source to read its text and confirm it supports the definition.
Orla O'Malley's counsel told her to reject a plea offer that would have capped her sentence at five years. The advice rested on an incorrect view of the sentencing guidelines that any competent lawyer would have recognized as erroneous. The court assessed the advice against the objective standard of a reasonably skilled defense attorney.
Odilia Okamura, a police officer, pursued a fleeing motorcycle at speeds exceeding 100 miles per hour through city streets. The chase ended when the motorcycle crashed and the passenger died. A court evaluated whether the officer's decision to continue the pursuit met the objective standard of a reasonable officer confronting the same emergency.
Olive Okafor, a detective, executed a search warrant later found to lack probable cause. She had reviewed the supporting affidavit and reasonably believed the magistrate's approval was valid. A court measured her reliance against the conduct of a reasonably well-trained officer in the same position.
Otto Osman gave a voluntary statement to investigators three weeks after an unlawful search of his office. The statement led to the discovery of additional documents. A court assessed whether the connection between the illegal search and the statement had become so attenuated that a reasonable officer would treat the evidence as untainted.
An objective standard measures the actor's conduct or belief against that of a hypothetical reasonable person. A subjective standard instead examines the actor's actual personal beliefs or characteristics. Excerpt 3 explains that courts traditionally distinguish the two approaches in self-defense cases.
Supporting sources
A defendant must show that counsel's performance fell below an objective standard of reasonableness under prevailing professional norms. The inquiry is highly deferential and presumes that counsel's conduct fell within the wide range of reasonable professional assistance. Excerpts 4, 5, 6, and 9 set out this two-part Strickland test.
Supporting sources
Yes. The performance prong of Strickland requires the defendant to show that counsel's representation fell below an objective standard of reasonableness. Excerpt 13 confirms that this standard governs challenges to guilty pleas based on ineffective assistance during plea negotiations.
Supporting sources
…complains of the ineffectiveness of counsel's assistance, the defendant must show that counsel's representation fell below an objective standard of reasonableness. Judicial scrutiny of counsel's performance must be highly deferential, and a fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects…