Use of Deadly Force Flashcards

(8 cards)

1
Q

What is O.C.G.A 16-3-21 state?

A

> person justified in using force

> against others

> Protect self

> Protect others

> Prevent commission of forcible felony

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2
Q

What does the reasonable man doctrine state?

A

If any person having normal, reasonable, prudence
(judgment), would have done the same thing.

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3
Q

According to I 16-3-21, when do I shoot?

A

Protect myself from death or great bodily harm.

Protect a third party from death or great bodily, harm.

Prevent the commission of a forcible felony.

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4
Q

What does O.C.G.A 17-4-20(b) state?

A

When peace officers can use deadly Force to apprehend a suspected felon

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5
Q

According to 17-4-20(b) when can an officer use deadly Force?

A

> Suspect poses an immediate threat to officers or others

> Suspect possesses a deadly weapon

> Probable cause suspect committed a forcible felony

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6
Q

What is a key takeaway from Tennessee v. Garner?

A

> If a suspect poses no immediate threat of harm to the officer
or others, the harm resulting from a failure to immediately
capture him does not justify the use of deadly force.

> If a suspect poses no immediate threat of harm to the officer
or others, the harm resulting from a failure to immediately
capture him does not justify the use of deadly force.

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6
Q
A
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7
Q

According to Graham vs. Conner, what is the “REASONABLENESS” test?

A
  • The severity of the crime at issue.
  • Whether the suspect poses an immediate threat to the officer
    of others.
  • Whether the suspect is actively resisting arrest;
  • Or attempting to evade arrest by flight.
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