TLETA Week 2 Study Exam Questions & Answers.

TLETA Week 2 Study Exam Questions & Answers. The Rhetorical Triangle (Aristotle's Appeals) - CORRECT ANSWER •Ethos- credibility, trust •Logos- Consistency, logic •Pathos- emotions Chief Dolans Basis Rhetorical Continuum - CORRECT ANSWER •Ethos- authority, credibility, trust, worthy respect, fairness, and believable. Meet and greet (moment of truth) •logos- persuading by the use of reasoning, facts. Most important of all appeals. (Explain) •Pathos- appeals to a persons sense of identity, values. (Options) Take action and/or disengage. 3 types of people - CORRECT ANSWER 1. Agreeable- 80% 2. Challenging- 10% 3. Manipulator-5% Sgt. Dolans Dust em off rule - CORRECT ANSWER Following an interaction with a citizen, officers would be wise to explain. The reasons for the encounter in their actions serves to enhance legitimacy. Dr. George Thompson's 5 universal truths - CORRECT ANSWER 1. All people want to be treated with dignity and respect. 2. all people want to be asked rather than told to do something. 3. All people want to be told why they are being asked to do something. 4. People want to be given options rather than told. 5. All people want a second chance. Civil rights act of 1964 - CORRECT ANSWER Signed by President Johnson, prohibits discrimination on the basis of race, color, religion, sex, or national origin. (Brought Modernization to law enforcement) What are officers most often sued for? - CORRECT ANSWER -excessive force -false arrest Theories of liability - CORRECT ANSWER • civil state claims • Civil Federal claims- (1983 action, sues officer personally) • Government tort liability act-(GTLA, sues dept. not officer) •Administrative claims- POST etc... Ramifications of Improper Use of Force - CORRECT ANSWER -Fired from job -Criminally charged -Sued through civil court • Civil rights violations • Damages monetary -Decertified from POST Johnson vs. Glick (1972) - CORRECT ANSWER Shocks the conscience test - Relationship between force needed and used/injuries -Was the force applied maliciously and sadistically? -Does it shock the conscious of the normal person? Tennessee V. Garner (1974) - CORRECT ANSWER -Used deadly force on a 17-year-old for a purse with $10 in it. -Summary: • No amount of property is worth a human life; must be more • Use of force is a 4th Amendment seizure Graham V. Connor - CORRECT ANSWER -Graham is having strange behavior after being suspected of stealing. Goes into diabetic shock and is beaten. -This caused a change that said that all claims that law enforcement officials have used excessive force will be analyzed under the 4th Amendment's "objective reasonableness" (ORT). Graham factors - CORRECT ANSWER • Seriousness of the suspected offense or crime; • Level of threat or resistance presented by the subject. • Whether the subject was posing an immediate threat to LE or community; • Potential for injury to citizens, LEO, or subjects; •Risk or attempt by subject to escape; Result of Ferguson, MO - CORRECT ANSWER -Politicians more involved in law enforcement. -Media is much more critical; thus, steering society -Stopped access to military equipment by limiting the NDAA 1033 program -DOJ is more ready to get involved -Every use of force is questioned -Good candidates avoid law enforcement jobs -Officers find it more difficult to deal with citizens -Experienced officers retire out sooner When can Police use force? - CORRECT ANSWER 1. Defend of self 2. Defend of another's 3. To effect an arrest -Whether or not you were justified in the force used or the amount used; will depend on whether the force was objectively reasonable considering the situation. When can police use deadly force? - CORRECT ANSWER 1. Self defense to protect from losing our life or to protect against serious bodily injury. 2. Defense of another to protect them from losing their life or protecting against serious bodily injury 3. To stop a dangerous fleeing felon Deadly force (TCA § 39-11-620)(TCA § 40-7-108) - CORRECT ANSWER Force likely to cause serious bodily injury/ death What constitutes serious bodily injury? (TCA § 19-11-106) - CORRECT ANSWER substantial risk of death, protracted unconsciousness, extreme physical pain, protracted disfigurement, loss/ impairment of bodily function, broken bone of a 12 Y.O. and younger Dangerous Fleeing Felon - CORRECT ANSWER 1. Has/is going to cause serious bodily injury/ death 2. All other methods have been exhausted 3. And identify yourself as LEO if feasible (Choke holds are deadly force - LAST RESORT) Non-Deadly Use of Force - CORRECT ANSWER -Officers can only use the amount of force, or threaten force, reasonably necessary to: 1. accomplish the arrest of an individual suspected of a criminal act who is resisting or fleeing. 2. that amount of force reasonably required to defend themselves or another. Standards of Force by Categories of Persons - CORRECT ANSWER -Free person: Governed by 4th Amendment(ORT) -Pretrial detainees: 14th Amendment(ORT) -Convicted persons: 8th Amendment(Glick test) Reasonable??? - CORRECT ANSWER Was the force motivated by: -Genuine fear, - Imagined fear; or, -Emotions