The higher levels of the police UOFC includes "heavy hands" such as physical restraints and holds, or hand strikes if necessary to gain compliance or subdue a subject (Schmalleger 2001).
If escalation is still necessary, police officers may employ a baton or collapsible "asp" authorized for their use by their agencies, or electric tasers and other pain-inducing or physically incapacitating but non-lethal forms of physical force such as rubber bullets and "pepper balls" in place of standard (i.e. lethal) ammunition. Ultimately, where no lower level of force on the UOFC is sufficient to effect an arrest or protect others from danger posed by subjects, police officers are authorized to employ deadly force, such as their duty firearms (Schmalleger 2001). In general principle, the UOFC also applies to citizens, though not in the degree to which it dictates specific responses to physical attack or resistance to lawful citizen's arrest as recognized in the jurisdiction.
Defense of Others and Liability for Mistake:
Unlike police officers, citizens are not trained in multiple levels of force; consequently, they are not required to escalate their self-defense efforts as precisely and they are more easily able to justify erring on the side of their own physical safety (McCauley, 2005). Nevertheless, citizens are no less obligated to respond with a level of force that is objectively considered appropriate, given the circumstances and the reasonable state of mind of the initial victim. Private citizens may extend the right to self-defense to include the defense of others, provided their actions are justified by the other elements that determine the rightfulness of their own defense: the reasonableness of their state of mind and belief, the appropriateness of the level of force used, and the distinction between genuine defense and retaliation.
Different jurisdictions employ different standards to justify the defender's state of mind and some require the victim and the defender to be related to each other. Finally, some jurisdictions immunize the defender of another who is actually mistaken in his belief as to the need for his intervention, provided that the mistake was reasonable and made honestly and that the force used would have been justified had the situation been what the defender believed; other jurisdictions hold the defender accountable for his actions regardless of motive...
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now