CHAPTER SEVEN

1
CHAPTER SEVEN

• FORCE

2
Thomas Hobbes

• Natural right to use force to protect own
  interests
• Why do we have society?
• Who is the power to use force given to?

3
Entities with Limited Right to Use Force

• Examples
• Parents
• Schools
• Doctors
• What are they limited by?

4
Police and the Use of Force

• Very broad power
• When does the moral dilemma occur?

5
The Dirty Harry Problem

• How did Dirty Harry solve his cases?
• Process
• The dirty act will achieve a good end
• Only way to achieve the good end
• Will it work?
• Solutions to Dirty Harry problem
• Snappy Bureaucrats
• Bittners Peace
• Craftsman

6
The Craftsman

• Master of his trade
• Moral distinction between criminal law and
  procedure
• Using dirty means supported by department
• Not wrong unless punished

7
Tennessee v. Garner

• Facts
• Law
• Common law fleeing felon rule
• Apprehension by deadly force is a seizure
• Cannot use deadly force to prevent escape unless
  poses threat to officer or others
• So when can an officer use deadly force?

8
Hudson v. McMillian

• Facts
• Law
• Test for excessive force
• Good-faith effort to maintain or restore order OR
  maliciously and sadistically used to cause harm?
• Injuries have to be more than de minimis

9
LAPD Policy on Use of Force

• Have to exhaust other means first
• Force reasonable and necessary
• Deadly force
• Protect self or others from immediate threat of
  death or serious injury
• Apprehend fleeing felon
• Who committed violent crime, AND
• Whose escape presents substantial risk of death
  or serious injury to others

10
LAPD Policy on Use of Force

• When cannot use deadly force
• Protect property
• Protect self from assault not likely to be
  serious
• Firing at moving vehicles
• Fleeing misdemeanant
• What if there are bystanders?
• May the officer shoot to kill?
• What about warning shots?

11
FORCE

• END CHAPTER SEVEN