NCJ Number
145193
Journal
Police and Security News Volume: 9 Issue: 5 Dated: (September-October 1993) Pages: 16,22-24,28
Date Published
1993
Length
5 pages
Annotation
The physical outcome of the force used by a police officer most often will determine whether or not the force was deadly or nondeadly, regardless of whether firearms were used.
Abstract
The Model Penal Code defines deadly force as force used with the purpose of causing or known to create a substantial risk of causing death or serious bodily harm. Plaintiffs' lawyers are increasingly arguing that serious physical injury to any joint by a baton or armbar is the application of deadly force. The person need not die for the police officer to have used deadly force. Among the factors the jury considers are whether the victim suffered extreme physical pain; protracted loss or impairment of the function of a bodily member, organ, or mental faculty; protracted unconsciousness; and significant or substantial internal damage. The crucial element in the use of any force is whether it was necessary and objectively reasonable based on the totality of the circumstances. Therefore, police trainers must ensure that police officers know that deadly force can be applied with more than a handgun.