FSS Chapter 776 Justifiable Use of Force Josh Test
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What is the FSS chapter for justifiable use of force?

  • 775
  • 776 (correct)
  • 777
  • 778

    • A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against?

  • an individual's lawful use of force
  • the possibility of future harm
  • other’s imminent use of unlawful force (correct)
  • any verbal threats made by another

    • A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is?

  • necessary to prevent imminent death or great bodily harm to himself or herself (correct)
  • Cannot use deadly force
  • to prevent the imminent commission of a forcible felony (correct)
  • Must retreat as far as possible first

    • If a person is justified in using or threatening to use force they must retreat before use or threating to use force?

    <p>False</p> Signup and view all the answers

    A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be?

    <p>True</p> Signup and view all the answers

    A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if?

    <p>he person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering or</p> Signup and view all the answers

    the presumption of reasonable fear does not apply if?

    <p>The person against whom the defensive force is used or threatened has the right to be in or is a lawful resident</p> Signup and view all the answers

    For section 776 dwelling means

    <p>building or conveyance of any kind</p> Signup and view all the answers

    In Chapter 776, how is a 'vehicle' defined?

    <p>Conveyance of any kind</p> Signup and view all the answers

    A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes?

    <p>It is necessary to prevent or terminate the other’s trespass on real property other than a dwelling or personal property</p> Signup and view all the answers

    In the use or threatened use of force in defense of property, a person is justified in using or threatening to use deadly force only if?

    <p>he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony</p> Signup and view all the answers

    A person who uses or threatens to use force as permitted is?

    <p>Justified in such conduct and is immune from criminal prosecution</p> Signup and view all the answers

    Use or threatened use of force by aggressor.—The justification described in the preceding sections of this chapter is not available to a person who?

    <p>Is attempting to commit, committing, or escaping after the commission of, a forcible felony</p> Signup and view all the answers

    The justification described in the preceding sections of this chapter is not available to a person who Initially provokes the use or threatened use of force against himself or herself, UNLESS?

    <p>Such force or threat of force is so great that the person reasonably believes that he or she is in imminent danger and has exhausted every reasonable means to escape</p> Signup and view all the answers

    A law enforcement officer, or any person whom the officer has summoned or directed to assist him or her, is not justified in the use of force if?

    <p>the arrest or execution of a legal duty is unlawful and known to be unlawful</p> Signup and view all the answers

    The term 'deadly force' means force that is likely to cause death or great bodily harm and includes, but is not limited to?

    <p>The firing of a firearm in the direction of the person to be arrested, even though no intent exists to kill</p> Signup and view all the answers

    A law enforcement officer or a correctional officer is not liable in any civil or criminal action arising out of the use of?

    <p>Less-lethal munition in good faith during and within the scope of his or her official duties</p> Signup and view all the answers

    A law enforcement officer or other person who has an arrested person in his or her custody is justified in the use of ___ force which he or she reasonably believes to be necessary to prevent the escape of the arrested person.

    <p>Any</p> Signup and view all the answers

    A correctional officer or other law enforcement officer is justified in the use of force, including deadly force, which he or she reasonably believes to be necessary to?

    <p>Prevent the escape from a penal institution</p> Signup and view all the answers

    Deputies shall use only the force that is?

    <p>Objectively reasonable to conduct their lawful duties.</p> Signup and view all the answers

    Deputies shall use only the force which a ____?

    <p>reasonably prudent deputy would use under the same or similar circumstances</p> Signup and view all the answers

    The decision to use force requires careful attention to the facts and circumstances of each particular case, including?

    <p>Severity of the crime</p> Signup and view all the answers

    The 'reasonableness' of a particular use of force must be judged from the perspective of what?

    <p>A reasonable deputy on the scene, rather than with the 20/20 vision of hindsight</p> Signup and view all the answers

    The question in the use of force is whether the deputy’s actions are _____ in light of the facts and circumstances confronting them.

    <p>'Objectively reasonable'</p> Signup and view all the answers

    Physical force should not be used against individuals in restraints, except as what?

    <p>In these situations, only the minimal amount of force necessary to control the situation shall be used.</p> Signup and view all the answers

    A deputy has a _____ to prevent or stop the use of excessive force by another deputy when it is safe and reasonable to do so and _____?

    <p>Duty to intervene</p> Signup and view all the answers

    The supervisor will gather the offense report and/or video of the incident, if available, and forward the information to ________ and the notification will occur no later than ____?

    <p>the members Division Commander or designee</p> Signup and view all the answers

    Who will be notified and requested to respond to all use of force above soft empty hand control?

    <p>Crime Scene</p> Signup and view all the answers

    A deputy is authorized to use agency-approved, less-lethal force techniques and issued equipment, as objectively reasonable to?

    <p>Protect the deputy</p> Signup and view all the answers

    A deputy is authorized to use deadly force when?

    <p>objectively reasonable under the totality of the circumstances</p> Signup and view all the answers

    Deadly force should not be used against persons whose actions are:

    <p>a threat only to themselves or property</p> Signup and view all the answers

    Firearms will not be discharged, even if deadly force is justified, when?

    <p>There is an unreasonable risk to the safety of persons other than the suspect</p> Signup and view all the answers

    Under what circumstances may weapons not be discharged according to the guideline? (Select all that apply)

    <p>At, or near any bystanders</p> Signup and view all the answers

    What is the procedure when any member’s use of deadly force results in death or serious bodily injury?

    <p>Supervisor will notify Command Staff of the incident.</p> Signup and view all the answers

    In the case of serious bodily injury or death, what actions will be taken?

    <p>Will be sent to a competent medical authority to determine if the member is physically and mentally prepared to return to duty</p> Signup and view all the answers

    Which of the following incidents require a response from the OIC of Investigations or designee due to serious injury or death? (Select all that apply)

    <p>Use of a vehicle to strike another person or vehicle (excluding an authorized PIT maneuver)</p> Signup and view all the answers

    The OIC of Investigations or designee will complete a preliminary written review of the incident within how many hours?

    <p>48 hours</p> Signup and view all the answers

    Upon notification from FDLE, and/or the State Attorney’s Office regarding the conclusion of the independent investigation, what will the OIC of Investigations or designee complete?

    <p>Administrative investigation and written report of the incident to determine whether the involved member’s actions were consistent with agency policy, procedures, rules, training, equipment, or if any disciplinary issues.</p> Signup and view all the answers

    Deputies will document on an offense report and Blue Team report all events of force exceeding what level?

    <p>Soft empty hand control or resulting in injury or the allegation of injury</p> Signup and view all the answers

    A deputy will submit an offense report when?

    <p>Applies any level of weaponless physical force exceeding soft empty hand control.</p> Signup and view all the answers

    All deputies involved in or who witnessed an event involving use of force exceeding _____ or that results in __________ will complete a supplement report to the original offense report and Blue Team Report.

    <p>soft empty hand control</p> Signup and view all the answers

    When possible, reports will be completed and submitted?

    <p>Prior to the end of duty</p> Signup and view all the answers

    If a deputy is unable to complete all reports by the end of duty due to extraordinary circumstances, upon the supervisor's approval, the deputy will complete the reports within how many hours?

    <p>24 hours</p> Signup and view all the answers

    If the deputy is still unable to complete the report after 24 hours due to continuing extraordinary circumstances, the deputy will notify the supervisor and, upon approval, the supervisor will?

    <p>Complete the report after obtaining as much information as possible from the deputy and witnesses</p> Signup and view all the answers

    If a supervisor can prove that a citizen's accusation of use of force is demonstrably false by reviewing all video footage available, what is the correct procedure regarding the offense report?

    <p>A supervisor follow-up in the offense report is needed and a Blue Team will not be generated</p> Signup and view all the answers

    For use of deadly force or actions involving death or great bodily harm, a supervisor must:

    <p>Prompt security and integrity of the scene by establishing two perimeters (an interior perimeter for concerned Investigators, Crime Scene Technicians, Command Staff, and an exterior perimeter for media, members of the public, etc.)</p> Signup and view all the answers

    In deadly force situations, deputies should be encouraged to step away from the scene and media attention. Above all, they should not be isolated; instead, they should be accompanied by what?

    <p>A supportive peer and/or supervisor who can assist them in following agency policies regarding discussing the incident before the initial investigative interview</p> Signup and view all the answers

    Instead of driving themselves involved officers should be provided transportation?

    <p>True</p> Signup and view all the answers

    If returning immediately to the department is not practical, they should be allowed to choose another appropriately private and safe, remote location.

    <p>True</p> Signup and view all the answers

    _______will be the initial contact with involved deputies and gather necessary information regarding what happened during the incident?

    <p>on-scene supervisor</p> Signup and view all the answers

    Consider both the deputy’s _________ ____________ when deciding if and when the deputies are to return to the scene.

    <p>preferences and the integrity of the investigation</p> Signup and view all the answers

    The supervisor or peer deputy will ensure a _________________ of the involved deputies’ firearm until it can be replaced by the Training OIC or designee.

    <p>constant chain of custody</p> Signup and view all the answers

    Any involved firearm will be maintained in its current state and will not be cleared or reloaded by the involved deputy or anyone other than the ?

    <p>Training OIC or designee, or assigned Crime Scene Unit</p> Signup and view all the answers

    Following a shooting incident, deputies may feel vulnerable if unarmed, especially when they are in uniform. If a deputy’s firearm has been taken as evidence, a replacement weapon should be immediately provided as a sign of support, confidence, and trust, unless?

    <p>There is an objective basis for questioning the deputy’s fitness for duty</p> Signup and view all the answers

    The supervisor will _____________ if needed for the deputy or his family. These actions will be documented in _______?

    <p>place the deputy on administrative leave and request a victim advocate</p> Signup and view all the answers

    Which incidents must an individual or committee conduct an annual administrative review and analysis of, and submit a written report to the Sheriff?

    <p>Discharge of a firearm other than for training</p> Signup and view all the answers

    All deputies shall receive training, ____________, on this agency’s use of force policy and related legal updates.

    <p>at least annually</p> Signup and view all the answers

    Study Notes

    Justifiable Use of Force

    • A person may use or threaten to use non-deadly force if they reasonably believe it's necessary for self-defense or defense of others.
    • Justification for the use of deadly force requires a reasonable belief that such force is necessary to prevent imminent death or great bodily harm.
    • Individuals must retreat if safe to do so before using or threatening force; however, there is no duty to retreat when using deadly force if the person is in a lawful place and not engaged in criminal activity.
    • A presumption of reasonable fear exists if a person is using or threatening defensive force against imminent threats.
    • The presumption does not apply if the person provoked the situation.

    Definitions and Context

    • "Dwelling" is defined in Chapter 776, indicating the legal context of use of force in specific property settings.
    • A 'vehicle' is also defined within Chapter 776 for clarity in application during use of force scenarios.
    • Use of deadly force in defense of property is only justified under limited circumstances.

    Law Enforcement Guidelines

    • Law enforcement officers are justified in using reasonable force necessary to prevent escape of an arrested individual.
    • Officers must use only necessary force based on circumstances—excessive force is not permissible.
    • A deputy has a responsibility to intervene against excessive force when safe and reasonable.

    Reporting and Accountability

    • An offense report and/or video documentation must be gathered following any incident involving use of force.
    • Serious incidents warrant immediate notification of the Officer in Charge (OIC) of Investigations or designee.
    • A preliminary written review of serious incidents must be completed within a specified time frame.

    Use of Deadly Force Protocols

    • Any use of deadly force resulting in serious injury or death requires a thorough documentation process.
    • Deadly force situations necessitate that involved deputies be accompanied and not isolated; transportation should be managed appropriately.
    • Firearms taken as evidence must be maintained carefully, requiring immediate replacement for involved deputies to ensure their safety and confidence.

    Training and Reviews

    • Annual administrative reviews are mandatory for incidents of significant use of force, requiring comprehensive documentation and submission to the Sheriff.
    • Deputies are required to complete training on the agency's use of force policy, including legal updates.

    Situational Awareness and Reasonableness

    • The evaluation of force must consider what a reasonable person would perceive in the same situation.
    • Actions taken by deputies must align with the immediate circumstances they face, ensuring justification of their choices in the use of force.

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    Description

    This quiz covers the essential aspects of the FSS chapter regarding the justifiable use of force. Participants will test their understanding of legal standards, principles, and applications surrounding this critical area of law enforcement. Enhance your knowledge and prepare to apply these concepts in real-world situations.

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