ACT 235 Use of Force 5 — Questions and Answers
Question 1: An Act 235-certified officer who uses excessive force may face which of the following consequences?
- Only civil liability through their employer's insurance
- Criminal charges, civil liability, and loss of Act 235 certification (Correct answer)
- Administrative reprimand only, since Act 235 provides immunity
- No liability if the employer authorized the use of force policy
Correct answer: Criminal charges, civil liability, and loss of Act 235 certification
Excessive force can result in criminal charges, civil lawsuits under 42 U.S.C. § 1983, and revocation of Act 235 certification.
Question 2: When assessing threat capability, an officer must consider all of the following EXCEPT:
- The suspect's apparent physical ability to carry out the threat
- Whether the suspect has a weapon or access to one
- The suspect's intent based on words and actions
- The suspect's employment status and financial situation (Correct answer)
Correct answer: The suspect's employment status and financial situation
Threat capability is assessed through ability, opportunity, and intent—employment or financial status are irrelevant to imminence of harm.
Question 3: A 'threat triangle' used in Act 235 training consists of which three elements?
- Intent, Opportunity, Ability (Correct answer)
- Motive, Means, Motive
- Resistance, Escape, Aggression
- Speed, Surprise, Violence of Action
Correct answer: Intent, Opportunity, Ability
The threat triangle requires that the subject have the Intent to harm, the Opportunity to do so, and the Ability (means) to cause harm.
Question 4: An officer fires their weapon and misses the intended target, striking a bystander. Under Act 235 doctrine, the officer:
- Bears no liability because the shot was directed at a valid threat
- May face civil and criminal liability for the unintended injury (Correct answer)
- Is protected by qualified immunity in all circumstances
- Is only liable if the employer's policy prohibited the use of force
Correct answer: May face civil and criminal liability for the unintended injury
Officers are legally responsible for every round they fire; striking an unintended bystander can result in civil and criminal liability regardless of the initial justification.
Question 5: Which of the following actions by a suspect would MOST clearly escalate a situation to justify deadly force under Act 235?
- Running away from the officer after shoplifting
- Advancing on the officer with a raised edged weapon while ignoring commands to stop (Correct answer)
- Refusing to show identification when asked
- Raising their voice and using profanity during a verbal confrontation
Correct answer: Advancing on the officer with a raised edged weapon while ignoring commands to stop
Advancing on an officer with an edged weapon while ignoring commands creates an imminent deadly threat that justifies a lethal force response.
Question 6: Under 18 Pa.C.S. § 505, Pennsylvania's self-defense statute, deadly force is NOT justified when:
- The actor provoked the use of force with the purpose of causing serious injury (Correct answer)
- The actor is protecting a third party from unlawful force
- The actor reasonably believes force is needed to prevent kidnapping
- The actor is in their home and the intruder has broken in
Correct answer: The actor provoked the use of force with the purpose of causing serious injury
Pennsylvania law denies the justification of self-defense when the actor was the initial aggressor who provoked the confrontation.
Question 7: Act 235 training emphasizes that the decision to use deadly force should be based on:
- The officer's gut instinct developed over years of experience
- An articulated, reasonable belief that the threat was imminent and deadly (Correct answer)
- Verbal authorization from a supervisor at the scene
- The number of witnesses present to corroborate the officer's account
Correct answer: An articulated, reasonable belief that the threat was imminent and deadly
Officers must be able to articulate specific, objective facts that support a reasonable belief that imminent deadly force was necessary.
ACT 235 Use of Force 5
An Act 235-certified officer who uses excessive force may face which of the following consequences?