BSCC - Board of State and Community Corrections Use of Force Principles Questions and Answers — Questions and Answers
Question 1: According to the legal standard established in Graham v. Connor, the appropriateness of a correctional officer's use of force is judged from the perspective of:
- The subjective intent of the officer at the time.
- A reasonable officer on the scene, in light of the facts and circumstances. (Correct answer)
- The inmate against whom force was used.
- A panel of senior correctional administrators after a full investigation.
Correct answer: A reasonable officer on the scene, in light of the facts and circumstances.
The landmark U.S. Supreme Court case Graham v. Connor established the 'objective reasonableness' standard. This standard requires that the use of force be evaluated from the perspective of a reasonable officer on the scene at the time of the incident, considering the totality of the circumstances, rather than with 20/20 hindsight.
Question 2: An inmate in the dayroom is verbally refusing a lawful order to return to their cell. The inmate is not making any threats or aggressive movements. Which of the following principles should primarily guide the officer's initial response?
- Immediate use of physical force to ensure compliance.
- Application of the maximum force allowable to deter future insubordination.
- Utilization of de-escalation techniques and verbal persuasion. (Correct answer)
- Display of a less-lethal weapon to show authority.
Correct answer: Utilization of de-escalation techniques and verbal persuasion.
California Penal Code and BSCC principles emphasize that officers should use de-escalation techniques and other available resources when safe and feasible. Since the inmate is only verbally non-compliant and poses no immediate threat, the initial response should focus on gaining voluntary compliance through communication, not immediate physical force.
Question 3: Under California Penal Code § 835a, a peace officer is justified in using deadly force upon another person ONLY when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary to:
- Prevent the escape of any fleeing felon.
- Subdue a verbally abusive and resistant individual.
- Protect property from significant damage.
- Defend against an imminent threat of death or serious bodily injury. (Correct answer)
Correct answer: Defend against an imminent threat of death or serious bodily injury.
Penal Code § 835a, as amended by AB 392, explicitly states that deadly force is justified only when necessary to defend against an imminent threat of death or serious bodily injury to the officer or another person.
Question 4: Which of the following is considered 'unnecessary force' according to California Code of Regulations, Title 15?
- The use of more force than is objectively reasonable to accomplish a lawful purpose.
- The use of force when none is required or appropriate. (Correct answer)
- Force used to respond without delay to an imminent threat.
- Force that an objective, trained officer would consider reasonable.
Correct answer: The use of force when none is required or appropriate.
California Code of Regulations, Title 15, Section 3268 defines 'unnecessary force' as the use of force when none is required or appropriate. 'Excessive force' is defined as using more force than is objectively reasonable.
Question 5: An officer observes two inmates suddenly begin to fight in a housing unit. After the officers successfully separate and restrain the inmates using physical force, what is a critical, mandatory next step according to BSCC and CDCR policy?
- Immediately return the inmates to the general population.
- Allow the inmates to resolve their conflict verbally.
- Report the use of force to a supervisor and complete all required documentation. (Correct answer)
- Confiscate the inmates' personal property as punishment.
Correct answer: Report the use of force to a supervisor and complete all required documentation.
California Code of Regulations, Title 15, Section 3268.1 mandates that any employee who uses or observes a use of force must report it to a supervisor as soon as practical and submit the appropriate documentation before being relieved from duty. This ensures proper review and accountability.
Question 6: The 'totality of the circumstances' is a key concept in evaluating the use of force. Which of the following factors would NOT be considered part of this analysis?
- The severity of the inmate's offense or rule violation.
- Whether the inmate posed an imminent threat to the safety of officers or others.
- The officer's personal feelings about the inmate involved. (Correct answer)
- Whether the inmate was actively resisting control or attempting to escape.
Correct answer: The officer's personal feelings about the inmate involved.
The 'objective reasonableness' standard, based on the totality of the circumstances, requires an evaluation of the facts without regard to an officer's underlying intent or motivation. Factors like the threat level, severity of the crime, and resistance are relevant. The officer's personal feelings are subjective and not part of the objective analysis.
BSCC - Board of State and Community Corrections Use of Force Principles Questions and Answers
According to the legal standard established in Graham v.
Connor, the appropriateness of a correctional officer's use of force is judged from the perspective of: