Use of force law and application Flashcards
what does 42 U.S.C Section 1983 state?
A PERSON WHO SUBJECTS ANY CITIZEN OR OTHER PERSON TO THE DEPRIVATION OF RIGHTS SHALL BE LIABLE
what does 18 U.S.C Section 242 state?
UNDER COLOR OF ANY LAW A PERSON WILLFULLY SUBJECTS ANY PERSON TO DEPRAVATION OF RIGHTS OR TO DIFFERENT PUNISHMENTS SHALL BE FINED OR IMPRISONED.
What is the burden of proof in a criminal trial?
Beyond a reasonable doubt
What is the burden of proof in a civil trial?
Preponderance of evidence (51%)
What did Tennessee v garner find?
an officer may use deadly force to prevent escape when suspect is a serious threat.
What are the Graham use of force factors?
- the severity of the crime
- whether the subject was an immediate threat to officers
- how the subject was actively resisting arrest (seizure)
- How the subject was attempting to evade arrest by flight
what is static resistance?
The threat refuses to comply by balking, becoming dead weight and or grasping a solid structure.
what is active resistance?
the threat physically resist by pulling away, attempting to escape, or power through a control hold.
what is ominous resistance?
menacing behavior, assaults, or attempts to assault.
What are some examples of influential circumstances?
they are only you and the environment:
- terrain
- threats proximity to weapon
- injury or officer exhaustion
- sudden attack
- special knowledge
What are some examples of officer vs threat factors?
Me vs them
- officers size/age/sex vs threat
- multiple threats
- threats skill level
- threats mental state
What are the 3 things we were told are most important for our use of force mindset?
- stay conscious
- stay upright
- stay mobile
what 3 elements must be present for an officer to be in danger?
- an officer
- an offender
- a situation
