Also known as: objective reasonableness test · objective standard · reasonable person test
Written by attorneys · grounded in primary & secondary sources — see below
A standard that assesses whether conduct or a belief conforms to what a hypothetical reasonable person would have done or perceived in the same circumstances rather than the actor's subjective state of mind.
Judge Harlan presided over a contract dispute between two universities. After judgment, a party discovered that Harlan had once served as a trustee for one university during active negotiations with the other litigant. The reviewing court applied the objective test and vacated the judgment because a reasonable judge in Harlan's position would have recognized the disqualifying interest and recused regardless of his personal lack of recollection.
Defense lawyer Quinn decided not to present certain psychological records at sentencing for client Theo. A court later measured Quinn's performance under the objective test and found it reasonable because a competent attorney could have concluded that the records would open the door to damaging rebuttal evidence.
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Shopkeeper Nora shot at approaching teenagers she believed were armed robbers. The court applied the objective test to her belief and held that a reasonable person in Nora's position would not have perceived an imminent deadly threat from the teenagers' conduct alone.
Informant Pete wore a hidden recorder while speaking with suspect Victor in Victor's home. The court applied the objective test and concluded that a reasonable person in Victor's position would have understood the risk that the listener might later disclose the conversation to authorities.
Officer Ruiz observed two men pacing in front of a store and repeatedly peering inside. The court applied the objective test and held that a reasonable officer in Ruiz's position would have formed suspicion that criminal activity was afoot sufficient to justify a brief stop.
Defendant Oscar stabbed an unarmed neighbor after the neighbor shouted insults from across the street. The court applied the objective test to Oscar's claimed fear and found that a reasonable person would not have believed deadly force was necessary under those circumstances.
The objective test asks whether a reasonable person would regard the contact as offending personal dignity. It does not turn on whether the particular plaintiff subjectively found the contact offensive or on the defendant's claim that the contact was merely playful.
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No. Assault requires only that the defendant intended to cause apprehension of imminent contact and that the plaintiff actually experienced it. The objective test does not apply to the plaintiff's fear itself.
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A violation occurs when a reasonable judge would have known of the disqualifying interest even if the sitting judge lacked actual knowledge. The statute imposes an objective inquiry into what should have been known.
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No. The objective test measures conduct against what a reasonable person would perceive, not against statistical generalizations or the defendant's personal biases about groups.
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…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…