Introductory Criminal Justice: Policing - Police Use of Force Continuum, Deadly Force, Tennessee v. Garner, Excessive Force

What This Is and Why It Matters

Police use of force is a critical topic in criminal justice, encompassing the use of force continuum, deadly force as defined by Tennessee v. Garner, and excessive force. Understanding this topic is vital for professionals and exam candidates alike. It impacts public safety, police accountability, and legal outcomes. Misunderstanding these concepts can lead to misconduct, legal consequences, and public mistrust. For instance, misapplying deadly force can result in wrongful deaths and severe legal repercussions.

Core Knowledge (What You Must Internalize)

• Use of Force Continuum: A model outlining the levels of force police can use, ranging from verbal commands to deadly force. (Why this matters: It guides officers in escalating or de-escalating force appropriately.)
• Deadly Force: Force that is likely to cause death or serious bodily harm. (Why this matters: It defines the legal threshold for using lethal force.)
• Tennessee v. Garner (1985): A landmark Supreme Court case that established the standard for using deadly force. (Why this matters: It set the precedent that deadly force can only be used if the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others.)
• Excessive Force: Force that exceeds what is reasonably necessary to achieve a lawful purpose. (Why this matters: It is a violation of the Fourth Amendment and can lead to civil and criminal liability.)
• Graham v. Connor (1989): Established the "objective reasonableness" standard for evaluating excessive force claims. (Why this matters: It provides the legal framework for determining if force was excessive.)

Step?by?Step Deep Dive

1. Understand the Use of Force Continuum
2. Action: Identify the levels of the continuum.
3. Principle: The continuum includes verbal commands, empty-hand control, less-lethal methods, and deadly force.
4. Example: An officer starts with verbal commands, then uses pepper spray if the suspect resists.

5. Pitfall: Skipping levels can lead to excessive force.

6. Apply Tennessee v. Garner

7. Action: Determine when deadly force is justified.
8. Principle: Deadly force is only justified if the officer believes the suspect poses a significant threat of death or serious injury.
9. Example: An officer shoots a fleeing suspect who is armed and dangerous.

10. Pitfall: Using deadly force on a non-threatening suspect is unjustified.

11. Evaluate Excessive Force

12. Action: Assess if the force used was reasonable.
13. Principle: Force is excessive if it exceeds what is necessary to achieve a lawful purpose.
14. Example: An officer uses a taser on a compliant suspect.

15. Pitfall: Overlooking the context and circumstances can lead to misjudgment.

16. Use the Graham v. Connor Standard

17. Action: Apply the "objective reasonableness" standard.
18. Principle: Evaluate the totality of the circumstances from the perspective of a reasonable officer.
19. Example: An officer's use of force is deemed reasonable given the suspect's aggressive behavior.
20. Pitfall: Ignoring the officer's perception and the immediate threat can result in incorrect evaluations.

How Experts Think About This Topic

Experts view the use of force as a dynamic process requiring constant assessment and adjustment. They focus on the context and the officer's perception of the threat, rather than rigid adherence to a continuum. This perspective allows for more nuanced and legally sound decisions.

Common Mistakes (Even Smart People Make)

1. The mistake: Skipping levels in the use of force continuum.
2. Why it's wrong: It can lead to excessive force and legal consequences.
3. How to avoid: Always start with the lowest level of force and escalate as necessary.

4. Exam trap: Questions that present scenarios where force is escalated too quickly.

5. The mistake: Using deadly force on a non-threatening suspect.

6. Why it's wrong: It violates the standards set by Tennessee v. Garner.
7. How to avoid: Verify that the suspect poses a significant threat before using deadly force.

8. Exam trap: Scenarios where the suspect is fleeing but not armed.

9. The mistake: Ignoring the context in excessive force evaluations.

10. Why it's wrong: It overlooks the "objective reasonableness" standard.
11. How to avoid: Consider all circumstances, including the officer's perception and the immediate threat.

12. Exam trap: Questions that focus on isolated actions without context.

13. The mistake: Relying solely on the use of force continuum.

14. Why it's wrong: It can lead to rigid and inflexible decision-making.
15. How to avoid: Use the continuum as a guide, but always consider the specific situation.
16. Exam trap: Scenarios where the continuum does not perfectly fit the situation.

Practice with Real Scenarios

Scenario: An officer encounters a suspect who is resisting arrest but is unarmed. Question: What level of force should the officer use? Solution: The officer should start with verbal commands and then use empty-hand control if the suspect continues to resist. Answer: Empty-hand control. Why it works: This level of force is appropriate for a resisting but unarmed suspect.

Scenario: A suspect is fleeing and is known to be armed. Question: Can the officer use deadly force? Solution: Yes, if the officer has probable cause to believe the suspect poses a significant threat of death or serious injury. Answer: Yes. Why it works: This aligns with the standards set by Tennessee v. Garner.

Scenario: An officer uses a baton on a suspect who is already compliant. Question: Is this excessive force? Solution: Yes, the force used exceeds what is necessary to achieve a lawful purpose. Answer: Yes. Why it works: This violates the "objective reasonableness" standard.

Quick Reference Card

• Core rule: Use the lowest level of force necessary to achieve a lawful purpose.
• Key principle: "Objective reasonableness" standard from Graham v. Connor.
• Critical facts: Use of force continuum, Tennessee v. Garner, excessive force definition.
• Dangerous pitfall: Skipping levels in the use of force continuum.
• Mnemonic: START (Situation, Threat, Action, Reasonableness, Totality).

If You're Stuck (Exam or Real Life)

• Check: The context and circumstances of the situation.
• Reason: From the perspective of a reasonable officer.
• Estimate: The level of threat posed by the suspect.
• Find: The answer by reviewing the use of force continuum and relevant case law.

Related Topics

• De-escalation Techniques: Learn how to de-escalate situations to avoid excessive force.
• Police Liability: Understand the legal consequences of excessive force and other misconduct.