BE SURE YOU HAVE WATCHED: Use of Force: Graham v. Connor and Less Lethal Force
BE SURE YOU UNDERSTAND: The criteria that determines reasonableness of use of force and use of the wrong weapon.
BACKGROUND: Police have the legitimate right to use force in the course of their jobs: in order to detain or arrest an individual who is resisting or attempting to flee, but also in protection of themselves, their fellow officers, and the public at large. That police can rightly use force understandably muddies the waters when it comes to deciding if force is excessive. But it’s a very unique situation when an officer plans to use force of one kind and makes the mistake of using force of another kind, such as the instances where an officer used their firearm instead of their taser. ALL of us make mistakes, on the job and off, so the same is true of the police. But, as our worksheet focuses on, the central legal question when the wrong weapon is used is was it a reasonable mistake for an officer to have made.
INSTRUCTIONS: The factors that determine reasonableness for using the wrong weapon and use of force in general are provided in lecture and this information should form the basis for your answers. You’ll apply these factors to the included scenario. After going through each factor to decide whether the use of the wrong weapon was reasonable, you will make and defend your final decision. You will also decide whether the use of force in and of itself was reasonable according to the Graham determinants.
REMINDER #1: You must type in your responses on the document; and submit the file in its original .docx format. Be sure to delete out the Italics below the questions.
REMINDER #2: ALL answers require in text citation to one of the lectures above — lecture name and timestamp from the video are required. Remember our mantra: No shoes, no citation, no credit!
