Nevada Department of Corrections Use Of Force A.R. 405 What is Force

Nevada Department of Corrections Use Of Force A.R. 405 What is Force www.phwiki.com

Nevada Department of Corrections Use Of Force A.R. 405 What is Force

Byrne, Hugo, Features Editor has reference to this Academic Journal, PHwiki organized this Journal 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 as long as ce that carries a substantial risk that will possibly result in death of a person Excessive Force – Any act of as long as ce in excess of what it takes to subdue a resisting inmate in addition to /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

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Liability 8th Amendment–Cruel in addition to unusual punishment Civil Rights Action is filed when law en as long as cement 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 en as long as cement 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 as long as ce, 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 as long as such inhumanity or oppression, by imprisonment in the state Prison as long as not less than one year nor more than six years or by a fine of not more than $5,000.00 or both fine in addition to 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 Force Ability or apparent ability Opportunity Imminent jeopardy Preclusion Ability or Apparent Ability Does the violator/inmate possess the ability or the apparent ability to kill you or a third party, or to cause you or a third party great bodily harm

Opportunity Does the violator/inmate have the opportunity to kill you or a third party, or cause you or a third party great bodily harm Imminent Jeopardy Has the violator/inmate placed you or a third party in imminent jeopardy Preclusion Have you reasonably exhausted all of your avenues of retreat at that time in addition to at that place Was there the feasibility or availability of alternative actions

Factors Considered when Reviewing Use of Force Was it applied in good faith Extent of the threat to the safety of staff in addition to inmates Need as long as application of as long as ce Relationship between the need in addition to the amount of as long as ce used Extent of injury inflicted Confrontational Continuum Officer-Subject Factors Age Sex Size Skill Level Multiple Officers Special Circumstances Multiple Subjects Close Proximity to Firearm Relative Strength Special Knowledge Special ability Injury or exhaustion Ground Disability Imminent Danger Distance from subject Availability of other options Use of Force Continuum 1. Officer Presence 2. Verbal Comm in addition to s 3. Control in addition to Restraint 4. Chemical Agents 5. Temporary Incapacitation 6. Deadly Force

Circle Continuum Officer Verbal Control Restraint Chemical Agent Temporary Incapacitation Deadly Presence If in doubt If doubt exists in the Department’s peace officer’s or designated employee’s mind as to whether they should discharge the weapon/firearm under the circumstances that have been outlined, they should conclude that they WILL NOT discharge the weapon/firearm

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Byrne, Hugo Features Editor

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