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Excessive Force and Use of Force Continum
By: Chris Crimea and Justice Policy, CCJS 201
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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.
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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
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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.
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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…)
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References "Legal Definition of 'Excessive Force'." The 'Lectric Law Library's Entrance & Welcome. (accessed May 10, 2011). "The Use-of-Force Continuum | National Institute of Justice." National Institute of Justice: Criminal Justice Research, Development and Evaluation. (accessed May 11, 2011).
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