USE OF FORCE

1
USE OF FORCE

• DEADLY FORCE

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PURPOSE

• The purpose of this period of instruction is to
  familiarize the student with the use of force and
  its guidelines.

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TERMINAL OBJECTIVE

• In accordance with SECNAVINST 5500.29, and
  without the aid of references, determine the
  minimum force necessary to control the threat.

4
ENABLING OBJECTIVES

• In accordance with SECNAVINST 5500.29, and
  without the aid of references
• Define Deadly Force.
• State those circumstances in which deadly force
  is justified.
• Indicate the categories of escalation of force
  from the least severe to the most severe.

5
ENABLING OBJECTIVES (Cont.)

• Identify the factors which would deter the use of
  deadly force.
• Articulate when and how deadly force is justified.

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DEFINITION OF DEADLY FORCE

• Force that a person uses causing, or that a
  person knows or should know would create a
  substantial risk of causing, death or serious
  bodily harm.

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Serious Bodily Harm

• Does not include minor injuries, such as a black
  eye or bloody nose, but does include fractured or
  dislocated bones, deep cuts, torn members of the
  body, serious damage to the internal organs, and
  other life-threatening injuries. Serious bodily
  harm can be applied to a person in several stages
  of the ladder of force. Specifically, unarmed
  self-defense, impact weapons and small arms fire
  may result in serious bodily harm.

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Justification for the Use of Deadly Force

• Deadly force is justified only under conditions
  of extreme necessity and as a last resort when
  all lesser means have failed or cannot reasonably
  be employed. Deadly force is justified under one
  or more of the following circumstances

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The six circumstances that justify the use of
deadly force
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Self Defense and Defense of Others

• When deadly force reasonably appears to be
  necessary to protect law enforcement or security
  personnel who reasonably believe themselves or
  others to be in imminent
  danger of death or serious bodily harm.

11
Assets Involving National Security

• When deadly force reasonably appears necessary to
  prevent the actual theft or sabotage of assets
  vital to national security. DoD assets shall be
  specifically designated as "vital to national
  security" only when their loss, damage, or
  compromise would seriously jeopardize the
  fulfillment of a national defense mission.
  Examples include nuclear weapons nuclear
  command, control, and communications facilities
  and designated restricted areas containing
  strategic operational assets, sensitive codes, or
  special access programs.

12
Assets Not Involving National Security but
Inherently Dangerous to Others

• When deadly force reasonably appears to be
  necessary to prevent the actual theft or sabotage
  of resources, such as operable weapons or
  ammunition, that are inherently dangerous to
  others i.e., assets that, in the hands of an
  unauthorized individual, present a substantial
  potential danger of death or serious bodily harm
  to others. Examples include high risk portable
  and lethal missiles, rockets, arms, ammunition,
  explosives, chemical agents, and special nuclear
  material.

13
Serious Offenses Against Persons

• When deadly force reasonably appears necessary to
  prevent the commission of a serious offense
  involving violence and threatening death or
  serious bodily harm. Examples include murder,
  armed robbery, and aggravated assault.

14
Arrest or Apprehension

• When deadly force reasonably appears to be
  necessary to arrest, apprehend, or prevent the
  escape of a person who, there is probable cause
  to believe, has committed an offense of the
  nature specified.

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Escapes

• When deadly force has been specifically
  authorized by the Heads of the DoD components and
  reasonably appears to be necessary to prevent the
  escape of a prisoner, provided law enforcement or
  security personnel have probable cause to
  believe that the escaping prisoner poses a threat
  of serious bodily harm either to security
  personnel or others.

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DEADLY FORCE PRE-CONDITIONS

• Before using deadly force against another
  individual to prevent serious bodily harm or
  death to yourself or others, ALL of the following
  preconditions must be met (Opportunity,
  Capability, and Intent). Without all of the
  preconditions satisfied , you are applying
  excessive force and are subject to punishment
  under the UCMJ. Presence of these three
  preconditions authorizes the use of Deadly force,
  but does not mean it is justified or the only
  option you have.

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DEADLY FORCE PRE-CONDITIONS

• OPPORTUNITY - In order for a person to have the
  ability to inflict damage or serious bodily harm,
  he or she must be present or in place.

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DEADLY FORCE PRE-CONDITIONS

• CAPABLITIY - Capability would be present if the
  individual possesses the actual ability to
  inflict serious bodily injury/death.

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DEADLY FORCE PRE-CONDITIONS

• INTENT - A hostile or dangerous person must
  clearly indicate the INTENT to cause damage to
  protected resources, or bodily harm to others.
  Are they actually aiming a weapon or other
  dangerous object in a fashion that is capable of,
  and is obviously being used with the intention
  of, inflicting damage or serious bodily harm to
  persons.

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FORCE DEFINEDAND ESCALATION OF FORCE FOR PIER
SENTRY PERSONNEL
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Escalation of Force

• The escalation of force can be defined as taking
  means appropriate to the treat or equal to the
  threat. These methods must be used from the
  least severe to the most severe. The following
  is a list to categorize the steps of the
  escalation of force.

22
Physical Presence

• The mere presence of a squared away, armed sentry
  is a show of force. Many people get the idea
  that a squared away sentry on post is not someone
  to mess with. This is the most obvious and least
  severe in the escalation of force. It is also
  the only non-reactive use of force in the Ladder
  of Force. All other means of force require the
  sentry to react to a given situation.

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Verbal Persuasion

• Simply talking to an individual and persuading
  him/her by using your verbal skills. There are
  two basic levels of verbal persuasion
• Light Control Giving directions and advice to
  individuals that are not hostile.
• Heavy Control Giving warning orders, commands
  and questioning to hostile or possibly hostile
  individual(s).

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PHYSICAL CONFRONTATION

• Application of unarmed self-defense/apprehension
  techniques and take down holds. Primary strike
  zones(green) include shins, instep, Achilles
  tendon, upper arms, forearm, buttock, thigh and
  calf. Secondary strike zones (yellow) include
  collarbone, knee joint, shoulder blades, elbow,
  back of hand, upper arm, shoulder, upper abdomen.
  Final strike zones (red) include temple, ears,
  eyes, bridge of nose, upper lip, jaw, throat,
  solar pelxus, groin, back of neck, hollow behind
  the ear, kidney, tailbone, rib cage and spine.

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Hand Restraints

• Hand Cuffs and Flex Cuffs

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Aerosols - OC (Pepper Spray)

• OC spray may be used by sentries to subdue a
  person if circumstances warrant its use. Pepper
  spray should be used as a last resort in an
  altercation with a violent person. If they are
  used, treatment of the individual should be
  instituted as soon as possible.

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Impact Weapons

• ASP baton, PR-24, riot baton and etc may be used
  by sentries to subdue a subject or in self
  defense if such circumstances warrant its use.
  The baton may be used as a blocking device to
  ward off blows of an assailant or as a repelling
  device in crowd control situations. The baton
  must be considered a potentially deadly weapon.
  Also areas not to strike are groin, kidney
  spine, tailbone, upper solar plexus, and area
  above the stomach.

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Strike Zones

• Primary(Green) - includes shins, instep, Achilles
  tendon, upper arms, forearm, buttock, thigh, and
  calf.
• Secondary(Yellow) - includes collar bone, knee
  joint, shoulder blade, elbow, back of hand, upper
  arm, shoulder,etc.
• Final(Red) - includes temple, ears, eyes, bridge
  of nose, upper lip, jaw, throat, solar plexus,
  kidney, tail bone, etc.

29
Military Working Dog(MWD)

• Because of the training the MWD has received, it
  must be considered a weapon. At no time will you
  handle any MWD, but you need to know where in
  your ladder of force it belongs.

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DoD Approved Non-Lethal Weapons

• Shotgun beanbag rounds

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Firearms

• A firearm shall never be drawn unless its use is
  deemed necessary by the sentry and the situation
  which caused you to draw would be proper under
  the use of force guidelines. Firearms may be
  drawn and readied for use in situations where it
  is anticipated that they may actually be
  required.

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• When a sentry reaches this level of force, they
  have reached their last option for using force.
• The firearm is (possibly) the most severe level
  of force. The reason "possibly" is mentioned
  because of how you intend to use the firearm.
  Understand that firing of a weapon should only be
  used as a last resort. Firing the weapon is
  deadly force.

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• Drawing, chambering and presenting a weapon is a
  lower level of force. This isn't deadly force
  because you haven't fired the weapon but this
  display of force may have the desired affect of
  stopping the individual from continuing their
  actions.
• Placing your hand on the weapon is a level of
  force, because you are gesturing a warning to the
  suspect.

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• Taking the weapon off safe is another, because
  you are warning the suspect of your intent to use
  the weapon to control the situation. Do not get
  caught up in the situation by giving them the
  impression you may be hesitant in the use of a
  fire arm.

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• A sentry that presents a weapon does not have to
  fire the weapon to control the situation. Verbal
  persuasion and weapons presentation may be all
  that is necessary to control the suspect.
• Understand that whether the suspect obeys your
  command or not, you are forcing the suspect to
  make the next move and escalate the use of force.

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• NOTEAny use of physical force requires the
  immediate notification of your supervisor, and
  completion of required use of force forms.

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Additional Considerations for the Use of Firearms

• Warning shots are prohibited.
• When a firearm is discharged, it will be fired
  with the intent of rendering the person(s) at
  whom it is discharged incapable of continuing the
  activity or course of behavior prompting the
  individual to shoot.
• Shots shall be fired only with due regard for the
  safety of innocent bystanders.
• In the case of holstered weapons, a weapon should
  not be removed from the holster unless there is
  reasonable expectation that use of the weapon may
  be necessary.

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REVIEW

• Define Deadly Force.
• Define the Justification of Deadly Force.
• State those circumstances in which deadly force
  is authorized.
• Indicate the categories of escalation of force
  from the least severe to the most severe.
• Identify the factors which would deter the use of
  deadly force.
• What are the Pre-conditions for the use of force.
• Articulate when and how deadly force is justified.