Excessive Force - Answer-force that is not objectively reasonable
/.Graham Factors - Answer-1. The severity of the crime
2. Whether the suspect poses an immediate threat to the safety of officers or others
3. Whether he is actively resisting arrest or
4. attempting to evade arrest by flight
/.Graham v. Connor (1989) - Answer--The Court ruled that "reasonableness "
concerning the use of force must be judged from the perspective of a reasonable officer
on the scene and take in account of split second decision making in reference to the
use of force.
-Objectively Reasonable standard
/.Force must be... - Answer-Objectively Reasonable
/.What standard is commonly used for use of force? - Answer-- 4th amendment
- which applies to use of force against subjects who have not been convicted of any
crime
/.Tennessee v. Garner - Answer-- Deadly force may not be used against an unarmed
and fleeing suspect unless necessary to prevent the escape and unless the officer has
probable cause to believe that the suspect poses a significant threat of death or serious
injury to the officers or others.
- The supreme court said that the use of deadly force constitutes a seizure
/.How must the Graham factors be considered? - Answer-Through the perspective of
the officer at the time the force was used and not through 20/20 hindsight.
/.The Reasonable Officer - Answer-the one, given the totality of circumstances, would
have acted in a similar manner or used similar judgment based on their training and
experience
/.Scott v. Harris - Answer--applied the 4th amendment and used the principles of
Tennessee v. Garner in vehicle pursuits and the means of deadly force are unrestricted.
- suspect was paralyzed as a result of a terminated vehicle pursuit by the officer
/.Objectively Reasonable Force - Answer-The amount of force appropriate under the
totality of the circumstances
/.16-3-20- Justification - Answer-The fact that a person's conduct is justified is a defense
to prosecution for any crime based on that conduct. The defense of justification can be
claimed:(1) When the person's conduct is justified under Code Section 16-3-21, 16-3-
23, 16-3-24, 16-3-25, or 16-3-26;(2) When the person's conduct is in reasonable