Chapter 16

Question 1

Should law enforcement agencies have written policies governing the use of force, why?

Answer 1

• Yes, deadly force policies that, in both philosophy and substance, emphasize the sanctity of life over the need to apprehend suspects have reduced killings by law enforcement personnel and the backlash that often follows without negative effects on the safety of citizens or the safety and effectiveness of officers

Question 2

Who should be held accountable for the proper use of force?

Answer 2

• All sworn law enforcement personnel, regardless of rank, should be responsible and accountable for the proper use of force

Question 3

Who is responsible for intervening at the scene of an incident when the use of force by an officer against a subject clearly becomes excessive?

Answer 3

• All officers present are required to intervene if the use of force against a suspect becomes excessive

Question 4

Which use of force incidents should a supervisor become involved in?

Answer 4

• A supervisor must be notified by the officer involved whenever force is used to accomplish the agency mission

Question 5

What is the cardinal use of force rule?

Answer 5

• When an officer uses deadly physical force and takes, or attempts to take, the life of another, he in effect, usurps the authority of the courts in that he pronounces guilt and administers punishment in the absence of due process

Question 6

What is the deadly physical force rule?

Answer 6

• Firearms should only be used as a last resort, and then only to protect human life. Law enforcement officers should never be authorized to use their firearms strictly in the defense of property. Therefore, the only justification for the use of deadly physical force by law enforcement officers in the performance of duty, including the discharging of a firearm, is to protect life, and even then, such action should be the last resort available.

Question 7

What is the self-defense rule?

Answer 7

• The use of deadly force by an officer upon another person is indeed appropriate when and to the extent such force is necessary to defend himself or a third person from the use or imminent use of unlawful physical force by such other person

Question 8

What is the fleeing felon rule?

Answer 8

• The use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. Without an imminent threat of death or serious bodily injury directed toward and officer or another, the harm resulting from failing to apprehend the suspect does not justify the use of deadly force to do so.

Question 9

Are warning shots a valuable law enforcement tool

Answer 9

• No. warning shots should be clearly defined and prohibited

Question 10

Should shooting at or from a moving vehicle be restricted

Answer 10

• It should only be authorized in those situations where there is an immediate threat of death or serious physical injury to an officer or others. Even under the best circumstances, it is a difficult task to achieve accuracy with a firearm and the accuracy falls as distance increases and when the target is moving.