Excessive Force and Use of Force Continum By: Chris Crimea and Justice Policy, CCJS 201
Excessive Force A law enforcement officer has the right to use such force as is reasonably necessary under the circumstances to make a lawful arrest Whether force is reasonably necessary or excessive is measured by the force a reasonable and prudent law enforcement officer would use under the circumstances.
Rodney King LA police beat King until he was on the ground and then continued to beat him for over a minute using batons all over his body Three of the officers were later acquitted with the jurors disagreeing about one http://www.cbsnews.com/video/watch/?id=1344797n
Use of Force Continuum Policies that describe an escalating series of actions an officer may take to resolve a situation Usually has about 5 levels and officers are instructed to respond with a level of force appropriate to the situation at hand, acknowledging that the officer may move from one part of the continuum to another in a matter of seconds.
The 5 Steps Officer Presence- no force used, often best way to resolve a situation Verbalization- force is not physical Empty Hand Control- using bodily force to gain control of situation Less lethal methods- less lethal technologies to gain control (batons, pepper-spray, tasers) Lethal force- use of lethal weapons, used only if suspect is serious threat to officer or others (firearms, etc…)
References "Legal Definition of 'Excessive Force'." The 'Lectric Law Library's Entrance & Welcome. http://www.lectlaw.com/def/e055.htm (accessed May 10, 2011). "The Use-of-Force Continuum | National Institute of Justice." National Institute of Justice: Criminal Justice Research, Development and Evaluation. http://www.nij.gov/topics/law-enforcement/officer-safety/use-of-force/continuum.htm (accessed May 11, 2011). http://www.cbsnews.com/video/watch/?id=1344797n