Use of Force Flashcards
conduct which would otherwise constitute an offense is ______ when it is required or authorized by law or by a judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties and functions
justifiable/ justification
what is the foundation of the use of force?
justification
The ______ trigger _______ during an arrest or use of force
laws/ justification
Reasonable Belief
A reasonable belief in facts or circumstances which, if true, would constitute an offense
ORS 133.310
Arresting without a warrant
ORS 131.615
stopping of persons
ORS 133.235(4)
while making an arrest a police officer may use justifiable force
Graham Factors
- the nature of the crime or other circumstances
- 3.
Physical force that does not cause pain or injury
Administrative force
What are the Oregon categories of force?
Physical force and deadly physical force
Force capable of causing physical pain or injury to another person. Includes but is not limited to the use of electrical stun gun, tear gas or mace
Physical force
physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury
Deadly physical force
Force that, under the circumstances in which it is used, is readily capable of causing high levels of pain and/or foreseeable risk of physical injury
Intermediate Force
A person demonstrating the intent, having the ability and opportunity to attack the officer, and under the circumstances, is readily capable of causing serious physical injury or death
Deadly immediate threat
A person demonstrating the intent, having the ability and the opportunity to attack the officer, and, under the circumstances, is readily capable of inflicting physical injury
Physical Immediate Threat