use of force chapter 2 Flashcards
DE Escalation
* Safety
* Time
* Environment
is the safety of the subject/officer/bystanders in jeopardy
is there time for verbal de-escalation tactics. Reasoning take time.
does the environment provide a location that allows for safety and time to be utilized?
1) Officer Smith believes force was reasonable to seize Jones. Which of her statements support the objective reasonableness test?
c) Correct. Facts support the objective test; mere conclusions do not. Officer Smith should state what she saw (…heard, smelled…). Facts paint a picture - - so that a judge can visualize what happened - - and make an objective decision. That “Jones put one foot in front of the other like a boxer and he clenched his fists” begins to paint the picture that Jones was a threat. Distractors a, b, and, are just conclusions. They make the judge ask,
“How did Jones show pre-assault indicators?” or “Why was force necessary for officer safety?”
2) Jones sued Officer Smith under the Fourth Amendment for using excessive force. Officer Smith believes force was reasonable, but Jones believes it was not. From whose perspective will the court decide who is right?
d) Correct. The Court stated in Graham v Connor that “The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene…”
3) The Supreme Court stated in Graham v Connor that “The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with 20/20 vision of hindsight.” What did the court mean by that?
a) Correct. The reviewing court will only consider the facts that were reasonably known at the time. What is learned after the fact is no relevant. The relevant facts are viewed through the lens of a reasonable officer.
4) Officer Smith stopped Jones’ car and ordered him out of the vehicle. She then decided to handcuff Jones. According to Graham v Connor:
b) Correct. Officer Smith terminated Jones’ movement by a means intentionally applied, which triggered the Fourth Amendment’s objective reasonableness test. The seizure must be reasonable by its inception (why Officer Smith seized Jones in the first place); the force used to effect the seizure (were the handcuffs reasonable?); and reasonable in its duration (how long she held Jones). To decide whether the handcuffs were reasonable, the court will apply the facts to the Graham standard and other factors of force.
Use of Force can be _________ and ________.
___VIOLENCE____ does not always mean _____.
Force is not inherently ____WRONG____.
VIOLENT and NEVER PRETTY
EXCESSIVE
Officers are ___ required to use the least intrusive force alternative; force only has to be reasonable.
NOT
Why LEO’s Hesitate
- Agency Policy Physiological factors Improper training
- Perceptual distortion Belief in endless lawsuits
Media persecution Personal beliefs
1) What is the standard for judging police officers accused of using excessive force to seize a free citizen under the Fourth Amendments to the U.S. Constitution?
d) Correct. The Supreme Court stated in Graham v Connor that all claims of a law enforcement officer using excessive force – deadly or not – in the course of an arrest, investigatory stop, or other seizure of a free citizen should be analyzed under the Fourth Amendment and its objective reasonableness standard.
2) Pick one of the original Graham factors for judging police officers accused of using excessive force.
a) Correct. The Graham factors are 1) the severity of the crime at issue; 2) whether the suspect was an immediate threat to the officer or others; and whether he was 3) actively resisting arrest or 4) attempting to evade arrest by flight.
3) Officer Smith shot Jones with a firearm in the course of affecting Jones’ arrest. Pick the correct statement according to the objective reasonableness test.
a) Shooting a suspect is the highest level of intrusion on someone’s liberty, so it must be justified by a very high governmental interest.
Five Types of Asphyxia:
1) Positional lying prone
2) Postural placing a person in a position where head and chin is covering the trachea tube
3) Mechanical choke hold, hands around the neck
4) Compressional sitting on the person’s back
5) Restraint hog tying the subject
Types of Liability:
1)
2)
3)
Types of Liability:
1) Criminal Liability
2) Civil Liability
3) Administrative Liability
18 U.S.C. § 241
is a federal law that prohibits two or more people from conspiring to infringe on the rights of another person: Injuring, threatening, oppressing, or intimidating someone in the exercise of their rights or privileges
18 U.S.C. § 242
18 U.S.C. § 242, the law that prohibits the deprivation of rights under color of law, includes: Excessive force: Police officers using excessive force during an arrest, such as physical violence or deadly force without justification.
