Use Of Force(week 2) Flashcards
What is use of force?
Any physical contact with an inmate, application of chemical mutations and mechanical restraints to modify an inmates behavior
During a use of force an employee must be careful not to put an inmate what kind of position?
A position that causes positional asphyxia, restricts blood flow, or physical function that keeps them alive
What does use of force require to be used
•A reasonably perceived threat
What is conflict resolution /situation management
Any reasonable action to prevent or resolve each situation that may cause conflict
After conflict resolution has failed what 7 actions justify force?
- assaults
- attempts of suicide
- inflects injury on self
- becomes violent
- attempts escape
- destroys property
- refuses to obey lawful order
What is the force continuum graphical representation
It illustrates an officers response for a specific level of subject resistance
6 levels of resistance that inmates may display
1.psychological intimidation
2.verbal non compliance
3.passive resistance
4 defensive resistance
5. Active aggression
6deadly force
5 levels of control that an officer may use
- Officer presence
- verbal direction
- Empty hand control
- immediate weapon control
- deadly force
Main variables that expand or limit an officers use of force
- time
- place
- distance
- Size and gender
Force is excessive if…(4 reasons)
- force is continued after compliance
- force used is greater than necessary
- force is used as punishment
- no force was necessary
What are the three factors to be considered in deciding if use of force was reasonable
- if there was an objective need for force
- Relationship between the amount of force needed vs the amount of force used
- the threat reasonably perceived by CO
When might SCDC help protect you against a lawsuit
When CO is in good faith fulfillment of their responsibilities and within the bounds of reason
What is corporal punishment?
Any form of physical punishment that can be considered cruel and unusal
What 3 actions constitute corporal punishment
- An expressed intent of the CO to punish an inmate
- when inmate is in restriction for the only purpose of punishment
- when the purpose is excessive in relation to the rules
What is an immediate use of force?
The force used to respond without delay to inmate behavior that constitutes an imminent threat
What is a planned use of force?
The force used when an inmate presence poses a threat to safety or security, while in a controlled area
What are the two types of plan use of force?
- A non extraction planned use of force
2an extraction planned use of force
Every planned use of force must be?
Videotaped
Prior to planned use of force it is necessary to contact
Medical and qualified mental health professional (QMHP)
What is non conventional use of force
Force that utilizes techniques or instruments that are not specifically authorized in policy ,procedures,and or training .
What is less than lethal force
Physical contact which does not carry a substantial risk of causing death
What is deadly force
Physical force that has substantial risk of causing death or great bodily injury
What are the two instances when officers can use deadly force
- to prevent an escape of an inmate
2. When an inmate posses immediate threat of great bodily harm ,injury , or death to others
A firearm should only be drawn when
There is intent to use lethal force
How do you determine justifiability
- Ability-attacker must have the physical ability to harm you
- opportunity-has the opportunity to hurt you
- jeopardy-in your situation a reasonable person would have believed himself to be in immediate danger
Cooper vs shaheed states that when an individual presents with a gun , lethal force is not justified when (5 circumstances)
- gun pointed at ground
- individual makes no sudden movements
- the individual makes no threats
- the individual ignored no commands
- The officers have no additional information that suggest the person might hurt them
Can SCDC Correctional officers shoot warning shots
No
A fleeing inmate must be fired upon when …
He has broken the plane over under or through the inner fence (first) fence
Employees are prohibited from discharging firearms in the following three instances
- When an innocent person may be hit
- into a moving vehicle outside the prison
- to fire a warning shot
When more than one employee is involved in a use of force how many incident reports must be written?
Each employee must write one
What is the duty to intervene?
If an employee witnesses an excessive use of force by another employee they must intervene and say something about it.
What happens if an officer does not step in when witnessing an excessive use of force?
May be prosecuted for failure to intervene to stop the constitutional violation
If an inmate uses physiological intimidation an officer must use what kind of control method?
Officer presence
If an inmate uses verbal non-compliance an office must use what kind of control method
Verbal direction
If an inmate uses passive resistance an officer must use what control method
Soft empty hand techniques
If an inmate uses defense resistance what control method must an officer use
Hard empty hand techniques
If an inmate uses active aggression what control method must an officer use
Intermediate weapons
If an inmate uses deadly force assaults what control method must an officer use?
Deadly force