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Understanding Force

Understanding Force. Sid Heal, Senior Instructor. Force defined. Legal definition The exercise of strength, energy or power in order to impose one’s will . All force is a form of coercion In the legal arena, force is broadly defined and can include psychological coercion. 12.

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Understanding Force

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  1. Understanding Force Sid Heal, Senior Instructor

  2. Force defined • Legal definition • The exercise of strength, energy or power in order to impose one’s will. • All force is a form of coercion • In the legal arena, force is broadly defined and can include psychological coercion. 12

  3. So why is force so controversial? • It's not pretty. • It's not pleasant. • Someone always loses. • Everyone is an expert thefollowing day. • There's money to be madewith mistakes! 13

  4. WTO riot “Battle for Seattle” 2:41 12

  5. General Authority • U.S. Constitution • 4th amendment—use of force can be a seizure • 8th amendment—cruel and unusual punishments • 14th amendment—due process of law & equal protection under the law • State Constitution • State Law • Case Law • Agency Policy & Rules of Engagement 10

  6. Specific Authority • A peace officer may use force to: • Effect an arrest • Prevent escape • Overcome resistance • Need not retreat or desist from their efforts by reason of resistance or threatened resistance • Nor shall such officer be deemed an aggressor or lose his rights of self-defense 9

  7. Case Law • Graham v. Connor (1989) • Objectively reasonable standard • Judged in the totality of the circumstances without hindsight • The severity of the crime at issue • Whether the suspect poses an immediate threat to the safety of the officers or others • Whether he is actively resisting arrest or attempting to evade arrest by flight 8

  8. Inappropriate Force • Unreasonable force • Any force that is unnecessary or unjustifiable • Most commonly results from a lack of urgency • Excessive force • Force that is necessary but is more severe than is appropriate in either in kind or duration • Most commonly results from choosing the wrong weapon or applying it incorrectly 7

  9. Threats • Expressed Threat • The consequences of defiance are made known • Allows the adversary to make an informed decision • Implied Threat • The consequences of defiance are left to the imagination of the adversary • The more powerful of the two types 6

  10. Estimating Force • Force Continuum—a tool used to describe a succession of force options from minimal to maximum • Two philosophical underpinnings • The amount of injury likely to be incurred by a suspect (effects based) • The amount of defiance presented by a suspect (behavior based) Where would you place pepper sprays and TASERs? • Continuums can be confusingto lay people—especially juries • Descriptive—not prescriptive! 5

  11. Levels of Force • Threats—even if only implied • Devices that are only engaged on the volition of a suspect • Sometimes called "passive" force • Physical discomfort but without serious trauma • Serious injury • Lethal 4

  12. Force Quadrant (Behavior based) Resistive Assaultive Cooperative Serious Injury 3

  13. How Far is Far Enough? Blunt Impact or Edged Weapons ~21 Feet(7 Meters) Generally, a club or edged weapon can be considered lethal if the suspect is within 7 meters. Thrown Objects ~60 Yards(50 Meters) Less than 3% of the population can throw an object large enough to cause serious injury beyond 50 meters. 2

  14. Perceptions and Misconceptions • “Nonlethal” (Less-Lethal, Less-than-Lethal) and “harmless” are not synonyms • Nonlethal weapons are incapacitating • Nonlethal Options are a substitute for Lethal Options • A dramatically improved nonlethal option will not have a dramatic effect on lethal force rates • Lethal Force is 100% effective—Less Lethal Force should also be • Threshold vs. Window 1

  15. The objective is to winnot to fight! Sid Heal909-732-8325 H9692@Verizon.net

  16. Selection by Range Stunbag Fin-stabilized Pellets FN 303 Pepperballs OC OC (MK-46) Sponge Grenade Stunbag (40mm) “Knee knockers” Foam Baton Duster Mono-Ball Rubber Baton Pellets (40mm) TASER Stingball (Launched) Stingball (thrown) 0 30 60 90 120 150 180 210 240 270 300

  17. Types of Force • Lethal vs. Nonlethal • Defined by intent NOT capability! Can lethal force be justified to recover a nonlethal weapon? • Physical vs. Psychological • A credible threat of lethal force is a nonlethal option! Is intimidation an acceptableapplication of force?

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