Use of Force Oral Test Flashcards by Star LaClecia Clark

What is the 4th Amendment related to?

Free Citizen 1st phase of life

Search and Seizure

Graham V Conner

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What is the standard in Graham v. Conner?

Objective Reasonableness

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What are the 4 prongs of Graham v. Conner?

Severity of Crime
Immediate threat
Actively Resisting Arrest
Evading arrest by flight

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What are other factors considered in Graham v. Conner?

Ratio of suspects/officers, size, age, condition of officer, duration of action, known previous psychiatric history, known previous violent history, use of alcohol or drugs, presence of innocent bystanders, time of day, availability of weapons, pre-assault indicators.

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What is the 14th Amendment related to?

Pre-Trial Inmates or In-custody 2nd phase of life

Due Process

Kingsley v. Hendrickson

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What is the standard in Kingsley v. Hendrickson?

Objective Unreasonableness

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What are the 8 prongs of Kingsley v. Hendrickson?

Need for Force
Correlation between the need for force and force used
Extent of injuries sustained
Severity of the security problem at hand
Threat to inmate and staff
Threat perceived by officer
Tempered response
Whether the plaintiff was actively resisting

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What is the 8th Amendment related to?

Post-Conviction 3rd phase of life

Cruel and Unusual Punishment

Whitley v. Albers

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What is the standard in Whitley v. Albers?

Shock to Conscience

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What are the 5 prongs of Whitley v. Albers?

Need for Force
Correlation between the need for force and force used
Extent of injuries sustained
Threat to inmate and staff
Tempered response

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What are the 5 reasons prison guards can use force?

Self Defense
Defense of a Third Party
Enforcement of Prison Rules & Regulations
Prevention of Escape
Prevention of Crime

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What does O.C.G.A. 17-4-20b cover?

Deadly Force Justification for Law Enforcement

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What does O.C.G.A. 17-4-20b state about deadly force?

Officer reasonably believes that the suspect possesses a deadly weapon or any object which when used is likely to death or serious bodily injury.
Poses an immediate threat of physical violence to officer or other.
Probable cause to believe suspect has committed a crime involving serious bodily harm.

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What does O.C.G.A. 16-3-21 cover?

Deadly Force Justification for Everyone

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What does 16-3-21 state about deadly force for everyone?

A person may use force, including deadly force, if they reasonably believe it is necessary to protect themselves or others from imminent unlawful force.

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The calculus of reasonableness…

Police officers often do not have time to deliberate and must make split-second judgments in situations that are tense, uncertian, and rapidly evolving.

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How should the use of force be evaluated?

Totality of circumstances from the perspective of a reasonable officer on scene at the moment force was used, without the benefit of 20/20 hindsight.

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What are objective facts?

Evidence that you can examine.

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What are Alpha Commands?

Commands that are clear, concise, and direct.

What are Betta Commands?

Commands that leave it up to the listener to interpret.

What does de-escalation take?

S - Safety
E - Environment
T - Time

What is deadly force?

Force likely to, or actually does, result in death or serious bodily harm.

What is non-deadly force?

Force not intended to cause death or serious bodily harm.

What does 16-3-20 state?

Fulfilling duties as a government officer
while
Making a lawful arrest in a reasonable manner.

What physiological changes occur when the sympathetic nervous system is triggered?

Increased blood pressure and heart rate muscle tension and trembling, rapid shallow breathing and nausea, loss of gross fine motor skills, Auditory exclusion , Tunnel vision, Memory Recall

What is reaction time in human behavior?

Reaction time is the brain has to process threat

What is response time in human behavior?

Response time is the brain telling you how to respond to the threat

How does stress affect tunnel vision?

Normal focal clarity is 1-3 degrees, but under stress, it reduces to less than 1 degree.

How does memory recall function in high-stress situations?

The brain processes 400 frames per second, but during intense situations, it may omit or implant details inaccurately.

How does sleep deprivation affect cognitive function?

Being awake for 18-20 hours impairs cognitive function similar to having a .08 intoxication level

How many sleep cycles are recommended before writing a report or giving an interview after an Officer-Involved Shooting (OIS)?

2 to 3 sleep cycles are recommended before writing a report or giving an interview.

What is the normal heart rate range

60-100 bpm is the normal heart rate range.

What is the ideal combat heart rate range, and how does it affect motor skills?

115-145 bpm is the ideal combat range. Fine and gross motor skills still function, but fine motor skills start depleting.

At what heart rate does the fight, flight, or freeze response occur, and what are its effects?

At 175 bpm, the fight, flight, or freeze response activates, and there may be loss of bladder and bowel control.

How quickly can the heart rate jump from normal to extreme levels?

The body can go from normal (60-100 bpm) to over 200 bpm within seconds under extreme stress.

What are the 3 types of liability?

1. Criminal 2. Civil 3. Administrative

What can cause an officer to face state criminal liability?

Violations of state law, including: False arrest Excessive force Failure to use due regard

What can violating rules, regulations, or procedures lead to?

Administrative Liability

What are the types of agency liability?

1. Vicarious Liability 2. Negligent Hiring 3. Negligent Retention 4. Failure to Train

What does Title 18 USC 241 cover?

If two or more persons conspire to injure, oppress, threaten, or intimidate any person preventing them from exercising their rights or privileges secured by the Constitution laws of the United States. ## Footnote Conspiracy - Federal Criminal

What does Title 18 USC 242 cover?

Whoever, willfully use their authority (under color of any law) deprives someone of their rights, privileges, or immunities secured by the Constitutional and law. ## Footnote Deprivation of Rights Under Color of Law - Federal Criminal

What does 42 USC 1983?

Under color of any statue deprives someone of their rights, privileges, or immunities secured by the Constitutional and law, allows redress.

What are the categories of state torts?

1. Intentional 2. Negligent

What are the elements of negligent state torts?

1. Duty 2. Breach 3. Injury 4. Loss or Damage

What are the elements of intentional state torts?

1. Action 2. Cause 3. Injury

What is the Saucier Katz Two-Prong Test?

1. Was ther a violation of Constitutional Rights * No summary judgement. Yes go to 2 2. Was the right clearly established at time of violation * No summary judgement. Yes will have to go to court