Use of Force Flashcards
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Read the first 7 Use of Force flashcards as text
An Act 235-certified officer who uses excessive force may face which of the following consequences?
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.
When assessing threat capability, an officer must consider all of the following EXCEPT:
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.
A 'threat triangle' used in Act 235 training consists of which three elements?
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.
An officer fires their weapon and misses the intended target, striking a bystander. Under Act 235 doctrine, the officer:
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.
Which of the following actions by a suspect would MOST clearly escalate a situation to justify deadly force under Act 235?
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.
Under 18 Pa.C.S. § 505, Pennsylvania's self-defense statute, deadly force is NOT justified when:
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.
Act 235 training emphasizes that the decision to use deadly force should be based on:
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.