[CJ] Chapter 8: Police Use of Force Flashcards
Deadly Physical Force
Is the degree of force readily capable of causing death or serious injury.
New York Penal Law
States that police officers should use only as much physical force as they reasonably believe necessary to make an arrest to prevent a person’s escape from custody or to defend themselves from the use of physical force by another.
What must a victim prove for the charge of brutality against the police?
They must establish the unreasonableness of the action by demonstrating that the officer was reckless or used unnecessary force in the particular situation.
How much physical force can a police officer use?
As much as he reasonably believes to be necessary to–
a) make an arrest; OR
b) prevent a person’s escape from custody; OR
c) defend himself from the use of physical force by another.
When can a police officer use deadly force?
The primary circumstances are when–
a) the officer reasonably believes that such force is necessary to protect herself or another person from imminent use of deadly force; OR
b) it is necessary to prevent the crime of kidnapping, arson, burglary or escape; OR
c) the officer reasonably believes that a suspect has committed a felony, that they is trying to escape from custody, and that s/he is armed with a deadly weapon.
When is a police officer guilty of harassment?
a) When the officer intends to harass, annoy or alarm another person; AND
b) the officer–
1] strikes, shoves, kicks or otherwise make physical contact (or attempts or threatens to do so) with the person; OR
2] publicly uses abusive or obscene language (or makes an obscene gesture).