Unit-2_Lesson-6.pdf

Unit 2 Legal Lesson 6 Use of Force Lesson Goal You will be able to decide when and how to use force appropriately and how to avoid using excessive force. Think About This An inmate is refusing to go into his cell at lights out. The officer on duty repeatedly asks the inmate to go into his c...

Unit 2 Legal Lesson 6 Use of Force Lesson Goal You will be able to decide when and how to use force appropriately and how to avoid using excessive force. Think About This An inmate is refusing to go into his cell at lights out. The officer on duty repeatedly asks the inmate to go into his cell. Eventually, the inmate begins to personally insult the officer and his family. While the inmate has not made any aggressive movements, his voice is steadily rising. How would you handle this situation? Laws for Use of Force Chapters 776 and 944, F.S., govern all use of force by a correctional officer. Officers must refer to their agency’s policies and procedures in use of force situations. ✅ CO126.1. Understand reasonable force and how it is applied in a correctional setting To be considered justified, the use of force must be determined to be reasonable. Reasonable force is the type and amount of force that the officer reasonably believes necessary to overcome resistance. This is based on the totality of circumstances (all the factors known at the time) and the officer’s perception at the time of the event on what force is reasonably required. Resistance may take two forms: resistance to a verbal command and physical resistance. An example of resist- ing a spoken command is an inmate refusing to leave a cell after being commanded by the officer. Physical resistance may take many forms, including spitting or striking. In Graham v. Connor, 490 U.S. 386 (1989), the U.S. Supreme Court held that all law enforcement use of force cases are to be judged by an objective reasonableness standard based upon the Fourth Amendment. This means that the use of force is to be judged from the perspective of what a reason- able officer would do under the same circumstances without the benefit of hindsight. The Court clearly considered that officers are often required to make split-second and sometimes deadly decisions in circumstances that are “tense, uncertain, and rapidly evolving.” The Court concluded that the objective reasonableness test is not a precise or clear rule but requires careful review of the facts and circumstances of each case, including the severity of the crime, whether the suspect posed an immediate threat to the safety of officers or others, and whether the suspect was actively resisting arrest or attempting to evade arrest by flight. 34 / Florida Basic Recruit Training Program (CO): Volume 1 ✅ CO126.2. Know the questions you will need to answer in any use of force incident The objective reasonableness test requires the officer to answer two questions about the level of force used in any situation: 1) was the action reasonable and necessary, and 2) was the amount of force applied reasonable and necessary? ✅ CO126.3. Know the factors used in the objective reasonableness standard for use of force U.S. Supreme Court case Hudson v. McMillan 503 U.S. 1 (1992) established that intent determines reasonableness in use of force situations in correctional settings. The Court recognized that correc- tional officers have to maintain order and discipline within a correctional setting; however, officers must act in good faith, not for punishment or revenge, to raise a legal defense. Officers acting in a sadistic or malicious manner do not meet the reasonableness standard. Officer’s Duty to Protect Self and Others Correctional officers owe a duty of care to inmates, staff, visitors, and the general public. Officers may be required to act in defense of others in situations where the average person has no duty to intervene. ✅ CO126.4. Know when correctional officers can use force Defense of self or others could include the use of reasonably necessary physical force up to and including deadly force. Section 944.35, F.S., holds the following: (1)(a) An employee of the department [Department of Corrections]is authorized to apply physical force upon an inmate only when and to the extent that it reasonably appears necessary: 1. To defend himself or herself or another against such other imminent use of unlaw- ful force; 2. To prevent a person from escaping from a state correctional institution when the officer reasonably believes that person is lawfully detained in such institution; 3. To prevent damage to property; 4. To quell a disturbance; 5. To overcome physical resistance to a lawful command; or 6. To administer medical treatment only by or under the supervision of a physician or his or her designee and only: a. When treatment is necessary to protect the health of other persons, as in the case of contagious or venereal diseases; or b. When treatment is offered in satisfaction of a duty to protect the inmate against self-inflicted injury or death. Chapter 1 Introduction to Corrections / 35 Statutory Authority for the Use of Force to Prevent Escape Florida law provides for correctional officers to use reasonable force, including deadly force, to prevent the escape of inmates. Section 776.07, F.S., states: 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 prevent the escape from a penal institution of a person whom the officer reasonably believes to be lawfully detained in such institution under sentence for an offense or awaiting trial or commitment for an offense. This topic is also addressed in s. 944.35, F.S., for state correctional officers, and s. 944.105, F.S., for private correctional officers. This may include escape from a correctional facility, work squad, hospital, and other areas of extended supervision. An officer must have a reasonable belief that the inmate is escaping. Although you can use deadly force by statutory authority, this does not allow you to disregard your agency’s policies. The amount of force used by a correctional officer must always be reasonable and justifiable. Liabilities and Penalties for Excessive Use of Force When you are justified in using reasonable force, you will be protected from prosecution. However, if the amount of force used is judged to be excessive, you may face criminal, civil, and administra- tive penalties. Criminal, civil, and civil rights charges may be brought at both the state and federal levels depending on the violation. The nature of injuries will also determine the level of the charge. ✅ CO126.5. Know the liabilities and penalties for excessive use of force The liabilities and penalties that are attached to the officer and agency through the use of force can range from written reprimand to job loss or even incarceration. Liabilities Type of Penalties criminal job loss, incarceration civil job loss, payment of monetary damages civil rights job loss, incarceration, payment of monetary damages written reprimand, probation, suspension, job loss, revocation of administrative certification Excessive use of force can also result in negative community reaction and loss of trust in the profession. Liabilities and Penalties for Failure to Report Use of Force You must document all use of force in a timely and clear manner while following your agency’s policies and procedures as well as statute. Section 944.35, F.S., imposes penalties if an officer fails 36 / Florida Basic Recruit Training Program (CO): Volume 1 to document a use of force. If you use, witness, or have reason to believe force was used, you must report the incident. A reportable incident may be as simple as a hand placed on an inmate’s arm. Even if force is completely justifiable, failure to document and report the incident may lead to officer discipline. ✅ CO126.6. Know the liabilities and penalties for failure to report use of force You may be held criminally liable, such as if an inmate dies due to failure to report to the medical center, or civilly liable if you fail to perform a legal duty by inaction. Any person who coerces or threatens another person to alter testimony or a written report where force was used commits a felony. In addition, an officer may suffer administrative discipline from their agency or the CJSTC. Chapter 1 Introduction to Corrections / 37