USE OF FORCE/DEADLY FORCE



USE OF FORCE/DEADLY FORCE

TERMINAL LEARNING OBJECTIVE

In accordance with SECNAVINST 5500.29, OPNAVINST 5580.14C and without the aid of references, determine the minimum force necessary to control the threat.

ENABLING LEARNING OBJECTIVES

1. Define Deadly Force.

2. State those circumstances in which deadly force is justified.

3. Indicate the categories of escalation of force from the least severe to the most severe.

4. Identify the factors, which would deter the use of deadly force.

5. Articulate when and how deadly force is justified.

REQUIRED RESOURCE

1. Classroom.

2. Student Handout.

3. VCR and Associated Video Cassette.

INFORMATION

1. DEFINITIONS

a. 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.

b. Serious Bodily Harm. Does not include minor injuries, such as a black eye or a 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.

c. Force. The amount of verbal persuasion and/or physical gestures/contact needed to gain control over a person or to direct an individual.

2. JUSTIFICATION. 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:

a. 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.

b. 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.

c. 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.

d. 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.

e. 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 they have committed an offense of the nature specified in subsections 2a through 2d above.

f. 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.

3. DEADLY FORCE PRE-CONDITIONS. Before using deadly force against another individual to prevent serous bodily harm of death to yourself or others, all of the following pre-conditions must be met. Without all of the pre-conditions satisfied, you are applying excessive force and are subject to punishment under the UCMJ. Presence of these pre-conditions authorizes the use of deadly force:

a. 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.

b. CAPABILITY: Capability would be present if the individual possesses the actual ability to inflict serious bodily injury/death.

c. 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.

4. ESCALATION OF FORCE. The escalation of force can be defined as taking means appropriate to the threat or equal to the threat. These methods must be used from the least severe to the most severe. Escalation of force is broken down into eight categories. They are as follows:

a. Verbal Persuasion: Simply talking to an individual and persuading him/her by using your verbal skills. There are two basic levels of verbal persuasion:

(1) Light Control. Giving directions and advice to individuals that are not hostile.

(2) Heavy Control. Using voice reflection, giving warning orders or commands to hostile or suspected hostile individual(s).

***NOTE*** Verbal Persuasion should be used in combination with every level of force.

b. 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 plexus, groin, back of neck, hollow behind ear, kidney, tailbone, rib cage and spine.

c. Hand restraints: Hand cuffs and flex cuffs.

d. Oleoresin Capsicum (Pepper Spray): OC spray may be used by sentries to subdue a person if circumstances warrant it’s 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.

e. 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 it’s 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.

f. MWD: Release of the military working dog.

g. DoD approved non-lethal weapons: Shotgun beanbag rounds.

h. 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.

(1) When a sentry reaches this level of force, he/she has reached their last option for using force.

(2) The firearm is (possibly) the most severe level of force. The reason "possibly" is mentioned is 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.

(3) Drawing 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.

(4) Placing your hand on the weapon is a level of force, because you are gesturing a warning to the suspect.

(5) 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 firearm.

(6) 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.

(7) 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.

NOTE: Any use of physical force requires the immediate notification of your supervisor, and completion of required use of force forms.

5. Additional Consideration for the Use of Firearms:

a. Warning shots are prohibited.

b. 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.

c. Shots shall be fired only with due regard for the safety of innocent bystanders.

d. 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.

e. Firearms will not be fired from a moving vehicle at any time.

f. Only Government-owned and issued weapons and ammunition are authorized to be carried by DoD personnel while performing official duties.

g. All instances where negligence results in a firearm discharge, it will be immediately reported to the security officer for investigative assignment

6. REVIEW

a. Define Deadly Force.

b. State those circumstances in which deadly force is authorized.

c. Indicate the categories of escalation of force from the least severe to the most severe.

d. Identify the factors which would deter the use of deadly force.

e. What are the three pre-conditions for the use of force?

f. Articulate when and how deadly force is justified.

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