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27 Cards in this Set
- Front
- Back
Elements of Force
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Ability
Opportunity Jeopardy Preclusion - (what was done to prevent) |
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Unavailability of Justification defense
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ARS 13-401
Even though a person is justified... if in doing so such person recklessly injures or kills an innocent third person, the justification afforded...is unavailable...for the reckless injury or killing or the innocent third person. |
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Execution of public duty
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ARS 13-402
Public Duty (executioner etc) Assisting a police officer |
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Justification; use of physical force
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ARS 13-403
Parent, guardian, teacher or in charge reasonably appropriate reasonably necessary to maintain discipline superintendent of corrections prevent suicide physician |
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Self Defense
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ARS 13-404
Threaten or use physical force to protect oneself against another's use or attempted use of unlawful physical force. |
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Levels of Resistance
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-Psychological intimidation
-Verbal Non compliance -Passive -Defensive resistance -Active aggression -aggravated active aggression (deadly force) |
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Levels of Force or Levels of Control
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-Officer presence
-Verbal Direction -Empty Hand control -Intermediate weapons -Lethal Force |
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Force Continuum
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Levels Resistance as compared to levels of Force not necessarily linear
|
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Use of Force Formula
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Subjects resistance
+ Variables + Reasonableness = Level of Control/ Tool |
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Escalation / De-escalation
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Justice not vengeance
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Fourth Amendment
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The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
|
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Force Variables
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-Nature of offense
-Subjects Behavior -Feasibility/Availability of alternate responses -Additional Officers Available -Totality of Circumstances |
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8th Amendment
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Protection against excessive force and cruel and unusual punishment.
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ARS 13-411
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Justification:
Use of Force in Crime Prevention |
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ARS 13-415
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Justification:
Domestic Violence |
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ARS 13-410
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Justification:
Use of Deadly Physical Force in Law Enforcement. (fleeing felon) |
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ARS 13-409
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Justification:
Use of Physical Force in Law Enforcement |
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ARS 13-408
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Justification:
Use of Physical Force in Defense of Property |
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ARS 13-407
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Justification:
Use of Physical Force in Defense of Premises. May only threaten with deadly force unless 13-405 (deadly force self defense) or 13-406 (Defense of a third person) |
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ARS 13-406
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Justification;
Defense of a third person |
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ARS 13-405
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Justification;
Use of Deadly Physical Force Under 13-404 (justification for Self Defense) |
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ARS 13-404
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Justification;
Self Defense |
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ARS 13-403
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Justification; Use of Physical Force for Parent or Guardian or in charge
reasonable / appropriate Necessary to maintain order Prevent suicide--reasonable to thwart result Physicians |
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ARS 13-402
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Public Duty
Assisting a police officer |
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ARS 13-401
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Justification;
Unavailability |
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When can someone legally resist arrest
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When excessive force it used
|
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Leading causes of civil litigation against officers
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False Arrest (No Probable Cause)
Failure to Render First Aid Excessive Force |