Utah Unreasonable or Excessive Force--Standard is a legal standard which outlines the acceptable level of force that police officers may use when dealing with a suspect. It defines the line between reasonable and excessive force, and provides guidance for officers in the field. The standard states that officers may only use a level of force that is proportionate to the level of resistance they are met with. It also stipulates that officers should avoid using force if it can be avoided, and should de-escalate a situation if possible. There are three types of Utah Unreasonable or Excessive Force--Standard: deadly force, less-than-lethal force, and non-lethal force. Deadly force is the most extreme level of force that police officers can use, and it can only be used when an officer has a reasonable belief that the suspect poses an imminent threat of serious physical harm or death to the officers or to others. Less-than-lethal force is a step-down from deadly force, and is typically used when a suspect is considered to be a threat, but is not considered to be an imminent threat of serious physical harm or death. Examples of less-than-lethal force include the use of pepper spray, stun guns, or batons. Non-lethal force is the lowest level of force that officers can use, and it typically involves techniques such as verbal warnings or physical restraint.
Utah Unreasonable or Excessive Force--Standard
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FAQ
Excessive force is a type of police brutality that refers to the use of force beyond what a reasonable police officer uses to question or apprehend a person. Officers should use the minimum amount of force necessary to safely contain a situation.
The five categories include Level One or Verbal, Level Two or Weaponless, Level Three or Less Lethal Weaponry, Level Four or Lethal Force (Defensive), and Level Five or Lethal Force (Offensive).
The Graham factors are 1) the severity of the crime at issue 2) the threat to the safety of officers or others, and 3) whether the suspect is actively resisting or attempting to evade arrest by flight.
An individual is not justified in using force under the circumstances specified in Subsection (2) if the individual: (i) initially provokes the use of force against another individual with the intent to use force as an excuse to inflict bodily harm upon the other individual; (ii)
The principle of necessity. The principle of necessity has three interrelated elements: the duty to use non-violent means wherever possible; the duty to use force only for a legitimate law enforcement purpose; and the duty to use only the minimum necessary force that is reasonable in the prevailing circumstances.
Law enforcement officer use of deadly force. "Deadly force" means force that creates or is likely to create, or that the individual using the force intends to create, a substantial likelihood of death or serious bodily injury to an individual.
In order to establish that defendant used excessive force, plaintiff must prove both of the following by a preponderance of the evidence: First: Defendant intentionally committed certain acts. Second: Those acts violated plaintiff's Fourth Amendment right not to be subjected to excessive force.
No person shall be convicted unless by verdict of a jury, or upon a plea of guilty or no contest, or upon a judgment of a court when trial by jury has been waived or, in case of an infraction, upon a judgment by a magistrate.