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27 Cards in this Set

  • Front
  • Back
Elements of Force
Preclusion - (what was done to prevent)
Unavailability of Justification defense
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 unavailable...for the reckless injury or killing or the innocent third person.
Execution of public duty
ARS 13-402

Public Duty (executioner etc)
Assisting a police officer
Justification; use of physical force
ARS 13-403

Parent, guardian, teacher or in charge
reasonably appropriate
reasonably necessary to maintain discipline
superintendent of corrections
prevent suicide
Self Defense
ARS 13-404

Threaten or use physical force to protect oneself against another's use or attempted use of unlawful physical force.
Levels of Resistance
-Psychological intimidation
-Verbal Non compliance
-Defensive resistance
-Active aggression
-aggravated active aggression (deadly force)
Levels of Force or Levels of Control
-Officer presence
-Verbal Direction
-Empty Hand control
-Intermediate weapons
-Lethal Force
Force Continuum
Levels Resistance as compared to levels of Force not necessarily linear
Use of Force Formula
Subjects resistance
Level of Control/ Tool
Escalation / De-escalation
Justice not vengeance
Fourth Amendment
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.
Force Variables
-Nature of offense
-Subjects Behavior
-Feasibility/Availability of alternate responses
-Additional Officers Available
-Totality of Circumstances
8th Amendment
Protection against excessive force and cruel and unusual punishment.
ARS 13-411
Use of Force in Crime Prevention
ARS 13-415
Domestic Violence
ARS 13-410
Use of Deadly Physical Force in Law Enforcement. (fleeing felon)
ARS 13-409
Use of Physical Force in Law Enforcement
ARS 13-408
Use of Physical Force in Defense of Property
ARS 13-407
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)
ARS 13-406
Defense of a third person
ARS 13-405
Use of Deadly Physical Force
Under 13-404 (justification for Self Defense)
ARS 13-404
Self Defense
ARS 13-403
Justification; Use of Physical Force for Parent or Guardian or in charge
reasonable / appropriate
Necessary to maintain order
Prevent suicide--reasonable to thwart result
ARS 13-402
Public Duty
Assisting a police officer
ARS 13-401
When can someone legally resist arrest
When excessive force it used
Leading causes of civil litigation against officers
False Arrest (No Probable Cause)
Failure to Render First Aid
Excessive Force