Elements of Deadly Force Nevada Department of 致命力量的要素内华达州.pptVIP

Nevada Department of Corrections Use Of Force A.R. 405 What is Force? Force - Any violence, compulsion, or constraint physically exerted by any means upon or against a person Deadly Force – Any force that carries a substantial risk that will possibly result in death of a person Excessive Force – Any act of force in excess of what it takes to subdue a resisting inmate and/or to move a resisting inmate to a secure location When Force May Be Used To protect the safety of oneself or other from harm To prevent escape To prevent destruction of state property To compel compliance with lawful orders To prevent or quell a disturbance Liability 8th Amendment–Cruel and unusual punishment Civil Rights Action is filed when law enforcement personnel act or do something under color of law that deprives anyone of their constitutional rights or subject or causes one to be subjected to a wrong. Liability Violation of criminal code – not only can you face tort suit or civil rights suit, you can also be criminally charged as a law enforcement officer Good faith is an effective defense. Graham vs Conner: Force must be reasonable based on the totality of circumstances Nevada Law In keeping with the policy of the Department of Corrections prohibiting the use of excessive force, NRS 212.020 – “Inhumanity to Prisoners,” is noted as follows: Every jailer or person who shall be guilty of willful inhumanity or oppression to any prisoner under his care or custody shall be punished: 1) Where the prisoner suffers substantial bodily harm for such inhumanity or oppression, by imprisonment in the state Prison for not less than one year nor more than six years or by a fine of not more than $5,000.00 or both fine and imprisonment 2) Where no substantial bodily harm results, a gross misdemeanor. b. Whether or not the prisoner suffers substantial bodily harm, any public officer guilty of such willful inhumanity is guilty of a malfeasance of office. Elements of Deadly F