Police Discretion and Use of Force – Vocabu lary Flashcards

Vocabulary-style flashcards covering discretion, use of force, legal standards, and related concepts from the lecture notes.

Police discretion

Power given by Penal Code sec 4 to use discretion during normal duty; affects police–community relations; allows case-by-case evaluation; may gather evidence; can end a problem with contact; may interpret the Letter vs. Spirit of the Law.

Selective enforcement

Using discretion to enforce certain offenses selectively (e.g., speeding in a neighborhood, underage alcohol, minors in bars, illegal activity at a park).

Best officer

The officer who solves the problem or violation without arrest or invoking the law.

Letter of the Law vs. Spirit of the Law

Distinction between strictly following written statutes and applying fairness or practicality to a situation.

Court views: officers knowledgeable about human behavior

Courts see officers as more knowledgeable than most people about human behavior.

Court views: honesty and credibility

Officers are considered honest; their statements are more likely to be true.

Specialized training

Training and experience enable officers to recognize suspicious behavior.

Investigate suspicious behavior

Officers can and should take action to investigate suspicious behavior.

Protect themselves from harm

Officers must act to protect themselves from harm.

Use of force: sources

Sanctioned by Federal Law, State Law, and Department Policy.

Graham v. Connor

Supreme Court decision establishing guidelines for use of force; frames use as a 4th Amendment seizure; requires objective reasonableness and considers totality of the event.

Fourth Amendment seizure

Use-of-force standard tied to the 4th Amendment’s seizure concept.

Objectively reasonable

Standard for evaluating whether force used was reasonable from the perspective of a reasonable officer at the scene.

Totality of the event

All circumstances surrounding the use of force are considered in reasonableness.

Legitimate use of force

Authorized uses under Penal Code 836.5, 843, 855: self-defense, defense of others, to affect an arrest, to overcome resistance, to prevent escape, and to enter a home to affect an arrest.

Self-defense

Use of force to defend oneself from imminent harm.

Defense of others

Use of force to defend another person from harm.

To affect an arrest

Use of force to arrest a suspect.

To overcome resistance

Use of force to overcome physical resistance.

To prevent escape

Use of force to prevent a suspect from fleeing.

To enter a home to affect an arrest

Use of force to enter a residence to arrest someone.

Penal Code 836.5, 843, 855

Statutory basis for legitimate use of force including self-defense, defense of others, arrest-related force, and related purposes.

Fleeing felon rule

Rule established by Tennessee v. Garner that deadly force may not be used against a fleeing felon.

Tennessee v. Garner

Supreme Court decision establishing the fleeing felon rule.

Types of excessive force

Perceived, Accidental, Actual.

Excessive force: not provided by law

Force not authorized by law.

Excessive force: too great for the situation

Force greater than necessary for the situation.

Excessive force: continues beyond resistance

Force continuing after resistance is over.

Excessive force: not objectively reasonable

Force not objectively reasonable.

Consequences of excessive force

Federal criminal charges; State criminal charges; Federal civil charges; State civil charges; Administrative disciplinary action.

Penal Code 835: arrest procedures

Ways an arrest is made: actual restraint, submission to officers, or reasonable restraint to affect an arrest.

835: Actual restraint

Actual physical restraint used to effect an arrest.

835: Submission to officers

Suspect submits to officers during arrest.

835: Reasonable restraint to affect an arrest

Reasonable force or restraint to accomplish an arrest.

MOAB (Management of Aggressive Behavior)

Ability to avoid or defuse a physical altercation; includes behavior analysis and cues such as dominant side, posture, eye contact, and hand position.

Behavior analysis in MOAB

Assessing cues like dominant side, posture, eye contact, and hand position to manage aggression.

Good of the many principle

Ethical idea that the good of the many outweighs the needs of the few.