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t-test review cards > 29. Use of Force (25 Q) > Flashcards

29. Use of Force (25 Q) Flashcards

1
Q

Question 1 of 25 - BPOC 28 Force Options
Approximately _______% of the time a message is received and interpreted based on how something was said rather than what is said.

15

65

33

93

A

93

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2
Q

Question 2 of 25 - BPOC 28 Force Options
In “ ________________” the reviewing Court held that a supervisor may be liable for acts of subordinate, even where supervisor has no direct involvement, if the supervisor has failed to document and take corrective action for prior similar acts of misconduct.

Guthery v. U.S.

Garrity v. New Jersey

Shaw v. Stroud

Davis v. Rennie

A

Shaw v. Stroud

Review: BPOC (28.18) Shaw v Stroud, 13 F.3d 791

(4th Cir. 1994), Supervisor may be liable for acts of subordinate, even where supervisor has no direct involvement, if the supervisor has failed to document and take corrective action for prior similar acts of misconduct

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3
Q

Question 3 of 25 - BPOC 28 Force Options
The “legal authority to use force” is found in;

Chapter 7 of the Penal Code

Penal Code and Health and Safety Code

Code of Criminal Procedure and Penal Code

Code of Criminal Procedure and Use of Force Code

A

Code of Criminal Procedure and Penal Code

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4
Q

Question 4 of 25 - BPOC 28 Force Options
In _________________ v. ________________ the Court ruled that the use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better that all felony suspects die than that they escape.

Terry v. Ohio

Weeks v. United States

Wolf v. Colorado

Tennessee v. Garner

A

Tennessee v. Garner

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5
Q

Question 5 of 25 - BPOC 28 Force Options
The “good faith defense” for an officer is enhanced when following his department’s _____________.

implied policies

fair labor standards

written directives

verbal standards

A

written directives

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6
Q

Question 6 of 25 - BPOC 28 Force Options
Law enforcement’s role in making a physical arrest is essentially ________________.

Prevention

Offense.

Aggressiveness.

defensive.

A

defensive

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7
Q

Question 7 of 25 - BPOC 28 Force Options
“ ______________” appeal was defined by TCOLE as an appeal to common sense, good judgment, or community standards.

Common sense

Ethical

Un-rational

Rational

A

Rational

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8
Q

Question 8 of 25 - BPOC 28 Force Options
Which of the following was specifically listed as “Use of Force Options” in the BPOC?

Professional presence – entering into a scene.

Weaponless strategies – takedowns, come-alongs, etc.

Verbal communications – words, language

Weapon strategies – Chemical/electrical means, Mace, Stun gun, Baton or impact weapon

Deadly Force

All listed

A

All listed

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9
Q

Question 9 of 25 - BPOC 28 Force Options
“____________” is defined as that degree of influence the officer must exert over the violator to take him or her safely into custody.

Constraint

Strength

Arrest

Control

A

Control

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10
Q

Question 10 of 25 - BPOC 28 Force Options
Even though an actor is justified in the Penal Code in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person;

The justification afforded is still available in a prosecution for the reckless injury or kill of the innocent third person.

the justification afforded is unavailable in a prosecution for the reckless injury or killing of the innocent third person.

The actor, especially a peace officer, is protected both criminally and civilly under the Penal code and would never be liable for his actions.

The actor would not be civilly liable since he was justified under the Penal Code.

A

the justification afforded is unavailable in a prosecution for the reckless injury or killing of the innocent third person.

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11
Q

Question 11 of 25 - BPOC 28 Force Options
In the BPOC, TCLEOSE indicates that communication is an important professional skill and that _______ % of an officer’s duties involve verbal skills.

57

97

37

77

A

97

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12
Q

Question 12 of 25 - BPOC 28 Force Options
The “threat of force”;

is justified even though the use of force is unjustified.

Is not justified even though the use of force is justified.

Is justified when the use of force is justified.

is only justified if by using force the officer can verbalize his/her actions

A

Is justified when the use of force is justified.

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13
Q

Question 13 of 25 - BPOC 28 Force Options
In _________________ v. ________________ the Court ruled that the use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better that all felony suspects die than that they escape.

Terry v. Ohio

Weeks v. United States

Wolf v. Colorado

Tennessee v. Garner

A

Tennessee v. Garner

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14
Q

Question 14 of 25 - BPOC 28 Force Options
In the BPOC, TCLEOSE indicates that communication is an important professional skill and that _______ % of an officer’s duties involve verbal skills.

37

77

57

97

A

97

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15
Q

Question 15 of 25 - BPOC 28 Force Options
Which of the following statements is true in regards to “prevention of escape from custody?”

A guard employed by a correctional facility or a peace officer is justified in using any force, including deadly force that he reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility.

A guard employed by a correctional facility or a peace officer is justified in using any force, other than deadly force, that he reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility.

A

A guard employed by a correctional facility or a peace officer is justified in using any force, including deadly force that he reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility.

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16
Q

Question 16 of 25 - BPOC 28 Force Options
In PC Chapter 38, “____________” means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent sentence, but does not include a violation of conditions of community supervision or parole other than conditions that impose a period of confinement in a secure correctional facility.

None listed

Failure to appear

Absent without leave

Escape

A

Escape

17
Q

Question 17 of 25 - BPOC 28 Force Options
A person is justified in using “deadly force” against another if the person would be justified in using force against the other under PC 9.31, and when and to the degree he reasonably believes the deadly force is immediately necessary to:

none listed

protect him against the lawful use of deadly force

protect him against the other’s verbal provocation

prevent the other’s imminent commission of “Robbery”

A

prevent the other’s imminent commission of “Robbery”

Review: PC (9.31) SELF-DEFENSE. (a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force. The actor’s belief that the force was immediately necessary as described by this subsection is presumed to be reasonable if the actor: (1) knew or had reason to believe that the person against whom the force was used: (C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

18
Q

Question 18 of 25 - BPOC 28 Force Options
A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to ______________.

prevent the other person from killing him.

Prevent the other person from causing him serious bodily injury.

Prevent the other from committing suicide or inflicting serious bodily injury to himself.

Prevent the other person from causing death or serious bodily injury to another.

A

Prevent the other from committing suicide or inflicting serious bodily injury to himself.

Review: PC (9.34) PROTECTION OF LIFE OR HEALTH. (a) A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.

19
Q

Question 19 of 25 - BPOC 28 Force Options

In “__________________” the reviewing Court held that “An officer who is present at the scene and who fails to take reasonable steps to protect the victim of another officer’s use of excessive force can be held liable under 42 USC Sec. 1983

Garrity v. New Jersey

Davis v. Rennie

Shaw v. Stroud

Guthery v. U.S.

A

Davis v. Rennie

20
Q

Question 20 of 25 - BPOC 28 Force Options
The “threat of force”;

is justified even though the use of force is unjustified.

Is not justified even though the use of force is justified.

Is justified when the use of force is justified.

use of force can always be justified while acting under color or law.

A

Is justified when the use of force is justified.

21
Q

Question 21 of 25 - BPOC 28 Force Options
Which of the following was specifically listed as “Use of Force Options” in the BPOC?

Professional presence – entering into a scene.

Weaponless strategies – takedowns, come-alongs, etc.

Verbal communications – words, language

Weapon strategies – Chemical/electrical means, Mace, Stun gun, Baton or impact weapon

Deadly Force

All listed

A

All listed

22
Q

Question 22 of 25 - BPOC 28 Force Options
In “__________________” the Court stated, “Government officials who perform discretionary functions are entitled to the defense of qualified immunity, which shields them from suit as well as liability for civil damages, if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable officer would have known. A defendant official must affirmatively plead the defense of qualified immunity.”

Okonkwo v. Fernadez.

Milstead v. Kibler

Anderson v. Texas

Harlow v. U.S.

A

Okonkwo v. Fernadez.

23
Q

Question 23 of 25 - BPOC 28 Force Options
One of the tools an officer uses to maintain a psychological and physical edge is _________.

resistance

logical necessity

demonstrated alertness

aggression

A

demonstrated alertness

24
Q

Question 24 of 25 - BPOC 28 Force Options
“____________” is defined as that degree of influence the officer must exert over the violator to take him or her safely into custody.

Constraint

Strength

Arrest

Control

A

Control

25
Q

Question 25 of 25 - BPOC 28 Force Options
A person by “______________” is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other’s use or attempted use of unlawful force.

Reason of insanity

Manifest destiny

Necessity

Self-defense

A

Self-defense

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