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133 Cards in this Set
- Front
- Back
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Police officers performing discretionary functions have immunity shielding from civil damages according to ____________ .
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Milstead v Kibler
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Established objective reasonableness for the use of force, based on the perspective of an officer on the scene rather than with 20-20 vision of hindsight.
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Graham v. Connor
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3. What is the severity of the crime at issue?
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Graham v. Connor
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_________________ established that some force may be used against an individual being interrogated by the police so long as the use of such force is not "unreasonable or excessive."
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Ware v. Reed
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__________________ established that a supervisor may be liable for acts of subordinate, even where the supervisor had no direct involvement if the supervisor failed to document and take corrective action for prior similar acts of misconduct.
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Shaw v. Stroud
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A Harris County Deputy Sheriff was present during the beating of a burglary suspect, who was in custody, by a county constable that resulted in the man's death. The court held that the deputy was guilty of Violation of Civil Rights of Prisioner.
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Gordon v. State
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____________________ established that pointing a gun to a suspects head during an investigation can be a 4th amendment violation when the suspect poses no threat or danger.
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Robinson v. Solano County
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This case established that government officials that perform discretionary functions have qualified immunity if their conduct does not violate clearly established rights of which a reasonable officer would have known. Requires an affirmative defense.
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Okonkwo v. Fernandez
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Established that confessions obtained under threat of removal from office could not be used in subsequent criminal proceedings.
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Garrity v. New Jersey
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Established a two step approach to civil law suits. 1. Establish if there was a constitutional violation. 2. Determine if police officer has qualified immunity. If the police action falls within the gray area, immunity should be given.
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Saucier v. Katz
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Addresses the Saucier v. Katz gray area to allow courts to look at what case and state law allowed at the time the police officer actions occurred.
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Brosseau v. Haugen
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AN aggressive act comitted by any person who does not amount to assualt, and is necessary to accomplish an objective.
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Force
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Force that is intended pr known by the actor to cause or in the manner of its use or intended use is capable of causing death or serious bodily injury
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deadly force
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the minimum amount of lawful aggression sufficiant to achieve law enforcement objectives
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reasonable or necessary force
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in a physical arrest the police role is defensive or offensive?
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defensive-designed to defend and protect he community from ciminality
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In making a arrest all___________ means are permitted to be used to effect it as long as no greater force than neccessary is used.
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reasonable
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the threat of force (when justified) by producing a weapon or otherwise as long as the purpose is limited to creating an apprehension that the force will be used if neccesary is jusified or not justified?
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jusitified
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A peace officer, or person acting in a peace officer's presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediatly necessary to make or assiast in a ________or search.
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arrest
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When taking a person into custody what force can be used?
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the minimum amount of force necessary (Necessary or reasonable)
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A police officer is justified in using deadlu force aganst another when and to the degree the peace officer__________believes the deadly force is immedialty necessary to make an arrest or to prevetn esacape fromarrest.
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reasonable
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Force in law enforcement is used for what?
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Protection of life and to enforce the laws
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only the __________________of force necessary to effect the arrest should be used.
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minimum amount
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Def of Custody?
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Under arrest by a peace officer or under restraint
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Milstead v Kibler officer perfomring discretionary function have immunity shields them from liablity for civil damages unless the conduct violates a _____________________.
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federal statutory or constitutional right (clearly establsed and understood to be reasonably viloeted.)
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Reasonable belief means what?
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Belief that would be held by a ordinary and prudent person in the same circumstances
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If deadly force is justified, there is no duty to _________befire using it.
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retreat
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Deadly force is justified when preventing the others imminent commission of?
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AGGRAVATED Kidd napping, Murder, Sexual Assault+, Robbery+
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__________is using force against another when and to the degree the actor reasonably believes the force is immediatly necessary to protect the actor against the other use or attempted use if unlawful force.
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self defense
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Deadly force can be used to protect property when?
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Prevent IMMINENT commision of Arson, burglary, robbery, Theft DURING NIGHT or Criminal Mischief DURING NIGHT
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C)both"
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C) Both
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the def of Defensive is what?
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Serving to protect
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If an actor abandons an encounter or clearly comunicates to the other his intent to do so reasonably believeing he cannot safety abandon the encounter the use of forceupon them ____________.
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must stop.
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the use of deady force to resist an arrest or search is justified if the person being arrested uses __________ force than the officer was trying to use.
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greater,
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Control is?
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a Two Way street
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what percent of an officers duties invlovle verbal skills?
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97%
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an arrest is a ____ and ____ problem
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emotional and physical
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out of all the cases of misconduct how many are presented to Grand Jury? & What are they looking for
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75-100 cases looking for Misconduct
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What percent of an officers duites involve physical force?
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3%
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What is Conspiracy against rights of citizens found?
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Chap 18, section 241 USC
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-or a person was entering or attempting to enter unlawfully a personsoccupied habitation, vehicle, or place of business or employment."
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deadly
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Where is Deprivation of rights under color of law found?
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Title 18 Section 242
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a person is justifeid in using force but not deadly force when immediatly neccessary to prevent antoher from committing ________ or inflicting serious bodily injury to himslef.
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suicide
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What Title does Deprivation of rights and conspiracy against rights of citizens found?
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Title 18
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The use of force against a child ____yrs of age is justified if the actor is the childs parents, loco parentis, and or the act is necessary to dicispline the child or safegaurd or promote the childs welfare.
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18 years old
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who has an affirmative duty to stop offiers who are engaging in excessive force?
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Supervisors
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the court case that decided that the use of deadly force may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officer or others.
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Tennesee v Garner
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e) all above"
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E all above
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What case deals with threaten to be fired if you don't give a statement
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Garrity V New Jersey
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when dealing with a law violator one of the greatest assets is _______________.
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self control
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Only tht minimum amount of force necessary to effect an ________ should be used.
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arrest
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g)all above"
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g) all above
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________control results when the level of force is greater than the subjects level of resistance.
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excessive
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Determine if there are any obstacles to effective communication and try to ________them if possible.
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eliminate
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Use words to state a purpose, not to express___________feelings.
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personal
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tools used in redirecting someone's behavior using verbal persuasion are listen, _________, and ask
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empathize
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(based on position of proffessional officer, assures the other person, persuades others of your desire for a positive outcome)"
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ethical appeal
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the ___________apeal of verbal communication to ananother person when dealing wiht people having a stong sense of right and wrong.(based on reasoning, appeals to someones common sense, good judgement, community standards, shows solution is reasonable and most likely to produce results)
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rational appeal
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This Verbal appeal is based on urgent needs to change a particular circumstance, ignores long term consequneces, short term solution, based on beliefs of the value system of the person.
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practical appeal
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this type of appeal works well with headstrong people who insit on getting their own way.(based on addressing a persons needs and desires)
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personal appeal
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organization"
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audience
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Ethical presence"
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constraints (eliminate them if possible)
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Summerize"
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ASK
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-Revised priorities- other events cause changes in the event"
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flight
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when a officer employs theoretical knowledge under contantly changong and unpredictable circumstances they are being_____________.
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professional
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Garrity v. New jersey
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ruled evidence gathered from an employee under threat of dismissil not admissable in criminal trial.
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Federal civil rights complaints are invesitgaed by the _______________.
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FBI
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when an officer intentionally subjects another to mistreatment or arrest, detention, search , seizure, dispossession, assessment, or lein impeding a persons rights,intentionally subjects another toe sexual harrasment and it is unawful.
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official oppression
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A ___________ is when a person intentionally , knowingly or recklessly causes bodily injury to another includint the person spouse?
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Assualt
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A ____________ is when a person causes SERIOUS bodily injury to another or uses or exhibits a deadly weaponduring the commission of a aassualt
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agggravated assualt
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A person commits ________when they intentionally, knowingly causes the death of an individual.
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Murder
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Davis v Rennie
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an officer who fails to protect a victim form another officers excessive use of force can be held liable
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Shaw v Shroud
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supervisors are liable for officers ations f they didnt documents it or take actions during previous misconduct
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When taking a person into custody what force can be used?
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the minimum amount of force necessary (Necessary or reasonable)
|
|
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Force in law enforcement is used for what?
|
Protection of life and to enforce the laws
|
|
|
Def of Custody?
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Under arrest by a peace officer or under restraint
|
|
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Reasonable belief means what?
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Belief that would be held by a ordinary and prudent person in the same circumstances
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Deadly force is justified when preventing the others imminent commission of?
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AGGRAVATED Kidd napping, Murder, Sexual Assault+, Robbery+
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Deadly force can be used to protect property when?
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Prevent IMMINENT commision of Arson, burglary, robbery, Theft DURING NIGHT or Criminal Mischief DURING NIGHT
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|
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the def of Defensive is what?
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Serving to protect
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Control is?
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a Two Way street
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|
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an arrest is a ____ and ____ problem
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emotional and physical
|
|
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out of all the cases of misconduct how many are presented to Grand Jury? & What are they looking for
|
75-100 cases looking for Misconduct
|
|
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What is Conspiracy against rights of citizens found?
|
Chap 18, section 241 USC
|
|
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Where is Deprivation of rights under color of law found?
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Title 18 Section 242
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|
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What Title does Deprivation of rights and conspiracy against rights of citizens found?
|
Title 18
|
|
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who has an affirmative duty to stop offiers who are engaging in excessive force?
|
Supervisors
|
|
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What case deals with threaten to be fired if you don't give a statement
|
Garrity V New Jersey
|
|
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AN aggressive act comitted by any person who does not amount to assualt, and is necessary to accomplish an objective.
|
Force
|
|
|
Force that is intended pr known by the actor to cause or in the manner of its use or intended use is capable of causing death or serious bodily injury
|
deadly force
|
|
|
the minimum amount of lawful aggression sufficiant to achieve law enforcement objectives
|
reasonable or necessary force
|
|
|
in a physical arrest the police role is defensive or offensive?
|
defensive-designed to defend and protect he community from ciminality
|
|
|
In making a arrest all___________ means are permitted to be used to effect it as long as no greater force than neccessary is used.
|
reasonable
|
|
|
the threat of force (when justified) by producing a weapon or otherwise as long as the purpose is limited to creating an apprehension that the force will be used if neccesary is jusified or not justified?
|
jusitified
|
|
|
A peace officer, or person acting in a peace officer's presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediatly necessary to make or assiast in a ________or search.
|
arrest
|
|
|
A police officer is justified in using deadlu force aganst another when and to the degree the peace officer__________believes the deadly force is immedialty necessary to make an arrest or to prevetn esacape fromarrest.
|
reasonable
|
|
|
only the __________________of force necessary to effect the arrest should be used.
|
minimum amount
|
|
|
Milstead v Kibler officer perfomring discretionary function have immunity shields them from liablity for civil damages unless the conduct violates a _____________________.
|
federal statutory or constitutional right (clearly establsed and understood to be reasonably viloeted.)
|
|
|
If deadly force is justified, there is no duty to _________befire using it.
|
retreat
|
|
|
__________is using force against another when and to the degree the actor reasonably believes the force is immediatly necessary to protect the actor against the other use or attempted use if unlawful force.
|
self defense
|
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force is not justified against another for
A)response to verbal provocation B)resist an arrest or search C)both |
C) Both
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If an actor abandons an encounter or clearly comunicates to the other his intent to do so reasonably believeing he cannot safety abandon the encounter the use of forceupon them ____________.
|
must stop.
|
|
|
the use of deady force to resist an arrest or search is justified if the person being arrested uses __________ force than the officer was trying to use.
|
greater,
|
|
|
what percent of an officers duties invlovle verbal skills?
|
97%
|
|
|
What percent of an officers duites involve physical force?
|
3%
|
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up to ___________ force is authorized to prevent immenet commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assualt, robbery , aggravated robbery.
-or a person was entering or attempting to enter unlawfully a personsoccupied habitation, vehicle, or place of business or employment. |
deadly
|
|
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a person is justifeid in using force but not deadly force when immediatly neccessary to prevent antoher from committing ________ or inflicting serious bodily injury to himslef.
|
suicide
|
|
|
The use of force against a child ____yrs of age is justified if the actor is the childs parents, loco parentis, and or the act is necessary to dicispline the child or safegaurd or promote the childs welfare.
|
18 years old
|
|
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the court case that decided that the use of deadly force may not be used unless necessary to prevent the escape and the officer has probable cause to believe that the suspect poses a significant threat of death or serious injury to the officer or others.
|
Tennesee v Garner
|
|
|
A police officer is jusitifed in using deadly force when
a) defend self or others from bodly harm when making a arrest b)preventing arrested subject from escaping c)capturing an escaped felon d)arresting a fleeing felon who has committed crime involving infliction or threatened infliction of bodily harm to others e) all above |
E all above
|
|
|
when dealing with a law violator one of the greatest assets is _______________.
|
self control
|
|
|
Only tht minimum amount of force necessary to effect an ________ should be used.
|
arrest
|
|
|
which of the followin are force options available to peace officers?
a) proffessional presence b)verbal tactics c) empty hand control or weaponless control d)chemical/electrical means e)baton or impact weapons f)deadly force g)all above |
g) all above
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________control results when the level of force is greater than the subjects level of resistance.
|
excessive
|
|
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Determine if there are any obstacles to effective communication and try to ________them if possible.
|
eliminate
|
|
|
Use words to state a purpose, not to express___________feelings.
|
personal
|
|
|
tools used in redirecting someone's behavior using verbal persuasion are listen, _________, and ask
|
empathize
|
|
|
the ________ appeal of verbal communication to another person that is useful with people who are upset and highly and emotional.
(based on position of proffessional officer, assures the other person, persuades others of your desire for a positive outcome) |
ethical appeal
|
|
|
the ___________apeal of verbal communication to ananother person when dealing wiht people having a stong sense of right and wrong.(based on reasoning, appeals to someones common sense, good judgement, community standards, shows solution is reasonable and most likely to produce results)
|
rational appeal
|
|
|
This Verbal appeal is based on urgent needs to change a particular circumstance, ignores long term consequneces, short term solution, based on beliefs of the value system of the person.
|
practical appeal
|
|
|
this type of appeal works well with headstrong people who insit on getting their own way.(based on addressing a persons needs and desires)
|
personal appeal
|
|
|
These are the basic elemnts of effective communication. (PAVPO)
Perspective ____________ voice purpose organization |
audience
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|
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elements an officer mus recognize and control in every encounter (PACE)
Problem Audience ____________ Ethical presence |
constraints (eliminate them if possible)
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Methods for redirecting somone behavior using verbal persuasion (LEAPS)
Leaps Empathize ____________ Paraphrase Summerize |
ASK
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When words fail a force option for police officer is to be used (SAFER)
-Security- officers control is comprosmised , person threatens serious harm to officer or generalpublic -Attack-officers danger zone is violated -__________-when a suspect walks or runs away or escapes from custody -Excessive repitition-repeating words and objectives over and over w/o compliance -Revised priorities- other events cause changes in the event |
flight
|
|
|
when a officer employs theoretical knowledge under contantly changong and unpredictable circumstances they are being_____________.
|
professional
|
|
|
Garrity v. New jersey
|
ruled evidence gathered from an employee under threat of dismissil not admissable in criminal trial.
|
|
|
Federal civil rights complaints are invesitgaed by the _______________.
|
FBI
|
|
|
when an officer intentionally subjects another to mistreatment or arrest, detention, search , seizure, dispossession, assessment, or lein impeding a persons rights,intentionally subjects another toe sexual harrasment and it is unawful.
|
official oppression
|
|
|
A ___________ is when a person intentionally , knowingly or recklessly causes bodily injury to another includint the person spouse?
|
Assualt
|
|
|
A ____________ is when a person causes SERIOUS bodily injury to another or uses or exhibits a deadly weaponduring the commission of a aassualt
|
agggravated assualt
|
|
|
A person commits ________when they intentionally, knowingly causes the death of an individual.
|
Murder
|
|
|
Davis v Rennie
|
an officer who fails to protect a victim form another officers excessive use of force can be held liable
|
|
|
Shaw v Shroud
|
supervisors are liable for officers ations f they didnt documents it or take actions during previous misconduct
|
