Police Officer and Agency Liability
Objectively reasonable force
Definition of Intervention
The act of attempting to prevent or attempting to stop the inappropriate or unlawful behavior of another.
During a high-stress situation such as making an arrest, peace officers may experience emotional reactions towards the subject. As a result...
what is they may use unreasonable force without realizing what they are doing.
Although peace officers are legally and ethically required to intervene when they observe inappropriate behavior by a fellow officer,
personal and psychological reasons may prevent them from intervening.
Use of force objective
What is for the use of force by peace officers in any situation is to gain or maintain control of an individual and the situation.
Forms in which intervention can take place
Strongly caution the other officer
Physically restrain the other officer
Immediately report the incident to a supervisor or superior officer
There are three common delayed intervention techniques.
What are they:
-Discussion
-Admonishment
-Training
Peace officers may fail to take action when a fellow officer is behaving inappropriately because of several factors. What are those factors
what is
-transfer of responsibility
-rationalization
- self doubt
-normalization
-fear
Reasonable force
What is An officer will be found to have used unreasonable force when the type, degree, or duration of the force which was used is found to have been greater than that which was objectively reasonable under the totality of the circumstances confronting the officer at the time that the force was used.
Necessity for Intervention
What is
- Required by law
- It is morally and ethically correct
- Personal integrity demands it
- the community expects it
- procedural justice tenets are fulfilled
- it enhances officer safety
- it preserves professionalism and supports the law enforcement mission
- it strengthens public confidence and trust in the law enforcement profession and the individual agency involved.
There are three common immediate intervention techniques listed, what are they
Verbal
Physical touch
Restraint
two types of factors, what are they
Personal factors
Psychological factors
Consequences of Unreasonable force
What is
- Administrative or agency action
- Civil lawsuits
- Civil rights violation
- Community distrust
- Criminal action
- Moral impact
Fourth Amendment protections
The united states constitution protects individuals from unlawful actions of peace officers.
Intervention may involve the application of techniques for restoring or maintaining professional control. In some situations,
situations, it may be necessary to intervene immediately.
Consequences of not intervening
Increased stress
embarrassment
civil/criminal action
disciplinary action
loss of career
loss of public trust and respect
loss of trust and respect from fellow officers