Use of Force or Deadly Force

Transcription

1 A lesson by Street Law, Inc. Use of Force or Deadly Force Overview In this lesson, students will examine the laws regarding the use of force and deadly force by community members and members of law enforcement. Students will apply those laws to a number of different scenarios to determine whether they believe the use of force was lawful. We strongly encourage teachers to partner with a police officer to co-teach this lesson. A police officer will help students better understand the decisions police and members of the community must make when faced with a violent situation. This lesson is part of Street Law s curriculum set on Teaching About Policing and the Rule of Law. You can download the set at Outcomes As a result of this lesson, students will be able to 1. Define the terms reasonable, imminent, and objective ; 2. Apply the definition of reasonable to the legal standards for the use of force; 3. Analyze different scenarios to determine if the use of deadly force was reasonable; 4. Examine Stand Your Ground/Castle Doctrine laws and discuss the fairness of those statutes; and 5. Evaluate existing laws regarding the use of force or deadly force to determine whether they are fair and effective. 75 minutes 1. What is Reasonable? (10 minutes) 2. Use of Deadly Force? (25 minutes) 3. Revisit Use of Deadly Force? (30 minutes) 4. Debrief (10 minutes) Materials Needed Board/flip chart Chalk/markers A computer with internet connection, sound, and projector to show video clips Street Law, Inc. 1

2 Handouts Handout 1 What is Reasonable? Handout 2 Use of Deadly Force? Handout 3 Law Regarding Use of Force or Deadly Force Preparing To Teach This lesson is designed to be taught with a community police or school resource officer. Invite an officer to co-teach the lesson with you. Explain that he or she will not be lecturing, but will be helping to coach students through some role-plays. Send him or her the lesson plan in advance and discuss how you will work together to teach it. Please refer to Street Law s Effective Use of Community Resource People handout for additional information. Copy handouts for students. Post the lesson outcomes. Visit this website to learn about the specific laws (duty to retreat/stand your ground) in your state: For more information on the U.S. Supreme Court case governing use of force and deadly force by law enforcement please see: Graham v. Connor, 490 U.S. 386 (1989), Write the following definitions* of the word reasonable on the board but keep it covered until the lesson plan calls for it. (1) having sound judgment; fair and sensible (2) as much as is appropriate or fair; moderate * Put the following chart on the board but please keep it covered until the lesson plan calls for it: Scenario # Reasonable Unreasonable Street Law, Inc. 2

3 Set up the video to show in step 21, bullet 1. It is available at Cue the video to 2:04. It is important to cue the video to this point as the previous scenario shown in the video is quite graphic. Your Community Use your community police or school resource officer as a source for guidance on local and state laws. For more information on locating state and local laws, visit the Library of Congress Guide to Law Online: This icon signals the involvement of the police officer in the lesson. Web Resources If you wish to broaden your understanding of the material in this lesson, these resources may be helpful: NOLO provides additional information on legal defenses including self-defense: The United States Department of Justice Office on Community Policing has several resources of interest, including the 2015 President s Task Force On 21st Century Policing Final Report at: ACLU has a site on excessive use of force by police: Street Law, Inc. 3

4 What is Reasonable? (10 minutes) 1) Introduce the police officer and tell the students that today s focus is on the use of force or deadly force. 2) Distribute Handout 1 What is Reasonable? Ask for a student volunteer to read the instructions aloud. 3) Have students work independently to write what the word reasonable means to them. Give students about three minutes to complete this task. 4) Ask student volunteers to read their answers. When the students have had an opportunity to share their responses uncover the dictionary definition of reasonable. 5) Ask the police officer to share his or her thoughts about the meaning of reasonable. 6) Ask students how their answers compare to the dictionary definition. Explain to students that the word reasonable plays a very important role in determining the legality of the use of force, especially the use of deadly force by both law enforcement and members of the community. Use of Deadly Force? (25 minutes) 7) Distribute Handout 2 Use of Deadly Force? Ask a student volunteer to read the instructions aloud. 8) Have students work in pairs to examine the eight hypothetical situations and to decide whether they believe that the use of deadly force was reasonable or unreasonable. Give students 10 minutes to complete this task. 9) You and the police officer should circulate among the pairs while they discuss the scenarios to make sure they are on task and to answer any questions they may have. 10) While the pairs are discussing, uncover the chart you previously wrote on the board/flip chart. 11) Have one representative from each pair come to the board and write check marks in either the REASONABLE or the UNREASONABLE column for each scenario. Give students three minutes to complete this task. 12) Discuss the students responses Street Law, Inc. 4

5 For scenario # 1, ask a pair who answered REASONABLE to explain why they thought that this was an acceptable use of force. Then ask a pair who answered UNREASONABLE. Allow the students a brief time to discuss. For scenario #2, call on a REASONABLE and an UNREASONABLE pair as you did with scenario #1 and so on for all eight scenarios. 13) Ask students why they think different groups came to different conclusions about what was reasonable and what was unreasonable. How does that difference of opinion as to what is reasonable impact whether actions will be considered lawful or unlawful. 14) Explain to students that they will now examine the actual laws regarding use of force and then they will revisit each of the scenarios. Revisit Use of Deadly Force (30 minutes) 15) Distribute Handout 3 Law Regarding Use of Deadly Force and have student volunteers read the handout aloud. 16) Ask the police officer to help explain the laws. Be sure to explain the terms imminent and objective. 17) Also, the officer should make sure students understand the concept of using only as much force as is necessary to be out of imminent danger. 18) You or the police officer should explain whether your state has Stand Your Ground or Castle Doctrine laws. 19) Once you feel confident the students understand the legal standards for the use of force, ask the student pairs to revisit each of the hypothetical situations to see if they would change any of their answers. Give students 10 minutes to complete this task. 20) Again, you and the police officer should circulate among the pairs to answer questions. 21) When students are finished revisiting their answers to each of the hypotheticals, discuss each scenario focusing on whether any of the student pairs had changed their answer based on the legal standards that they read. Ask the police officer to help lead this discussion and assist with the students interpretation of the law. Scenario #1 Officer Milloy: This scenario goes with the first video clip. Before you play the clip, explain that the clip shows a reporter, who had been critical of law enforcement, in a police simulator experiencing the split second decisions police have to make. Play the clip (from 2:05 until 3:01). After they have watched it, ask students what 2015 Street Law, Inc. 5

6 they think Officer Milloy should have done in this scenario. According to the legal standard set forth in Graham v. Connor, if Officer Milloy had shot the suspect as in the written example, his actions would be considered objectively reasonable and therefore legal. Scenario #2 Ms. Ubanski: Many students will feel that Ms. Ubanski s actions are completely justified. However, in most states (without a Stand Your Ground/Castle Doctrine law) she cannot legally claim that she acted in self-defense. When Ms. Ubanski fired the gun, the intruder was already fleeing. The intruder no longer presented a direct threat to her. In most cases, deadly force cannot be used to defend property. However, in such circumstances, prosecutors are reluctant to prosecute and juries are reluctant to convict. Some people argue that the experience of a burglary is so traumatic that it is hard to rationally distinguish whether you or your loved ones are in danger or just the property in your home is at risk. In a state with a Stand Your Ground/Castle Doctrine law, her actions would most likely be considered legal. Scenario #3 Mr. Johnson: This scenario involves the defense of a third party (or other person.) If Mr. Johnson reasonably believed that the woman was in imminent danger of serious bodily harm, then his actions were justified. It is pretty clear his actions were justified in this scenario. Scenario #4 Mr. Goetz: This scenario was loosely based on a very controversial 1984 incident on a NYC subway. At the time, some individuals hailed Mr. Goetz as a hero, fighting back against street crime. Others thought his use of force was totally unreasonable and therefore unlawful. Although he was prosecuted, the jury did not find him guilty of the most serious charges (only the weapons charge). Remind students that part of the examination of reasonableness in this scenario includes the rampant violent crime that existed in New York City at that time. A jury might not arrive at the same conclusion today since the crime rate is now dramatically lower in NYC. An original article was recently reprinted by the New York Daily News and can be found at: Scenario #5 Officer Wilton: This scenario is based on the shooting death of Michael Brown by police officer Darren Wilson in Ferguson, Missouri. The grand jury refused to indict Officer Wilson and the United States Department of Justice cleared him of any civil rights violations. Demonstrations erupted nationwide claiming Officer Wilson s use of deadly force was excessive and therefore unlawful. Using the legal standard from Graham v. Connor, we must examine the whether Officer Wilson s actions were objectively reasonable under the circumstances. In the Department of Justice s report about the case and their conclusion that no civil rights violations had occurred, they found that no credible witnesses existed to contradict Officer Wilson s story that Brown was lunging toward him with his hand reaching towards his waistband, which is why they found Officer Wilson s 2015 Street Law, Inc. 6

7 actions objectively reasonable. The report can be found at: Scenario #6 Mr. Peters: This scenario is loosely based on an actual case. Sixteen-yearold Yoshi Hattori, an exchange student from Japan, knocked on the door of a suburban house to ask the residents is they knew the location of a Halloween party. The woman who answered was frightened by his appearance (he was dressed in a disco costume) and told her husband to get their gun. Her husband, Rodney Peairs, went outside with the gun. Hattori approached him, not understanding Mr. Peairs instruction to stop moving. Mr. Peairs, feeling threatened, shot and killed Hattori. He was charged with manslaughter, claimed self-defense and was found not guilty. If he reasonably believed his life or the life and safety of his family was immediately threatened then his actions were a legal use of deadly force. In states with Stand Your Ground/Castle Doctrine Laws, his actions would generally be considered lawful. Scenario #7 Mr. Jeffries: Mr. Jeffries actions in this scenario were definitely unlawful. First, Mr. Roberts threat to Mr. Jeffries was no longer imminent. He could have called police or told security at the club about the threats. He could simply have left. Second, even if Mr. Jeffries had shot Mr. Roberts while the argument was taking place in the club, it would be questionable whether his actions were reasonable. Verbal threats alone do not generally rise to the level of imminent danger of serious bodily harm. A jury would have to decide whether pointing to a weapon creates that danger. Scenario #8 Mr. Williams: These types of devices are generally unlawful. They are unreasonably risky to members of the community. Use of deadly force is usually prohibited in defense of property. Even in states with Stand Your Ground or Castle Doctrine laws, the person defending their property generally must be present. Debrief (10 minutes) 22) Ask students, now that they have examined a number of different scenarios, whether they think the current laws regarding use of force or deadly force are fair legal standards? If not, what would they change? If they think any laws should be changed, what steps can they take? Who makes decisions about these laws? 23) Ask students, do you think the laws regarding the use of force or deadly force should be the same for law enforcement and community members? If they answer no, how should they be different? 24) Ask students whether today s exercise helped them to better understand current events dealing with use of force? Why or why not? 2015 Street Law, Inc. 7

8 25) Thank the police officer and the students for their participation Street Law, Inc. 8

9 Handout 1 What is Reasonable? Please write your own definition of the word reasonable. This definition does not need to be in sentences. It can be a series of words that come to mind when you think of reasonable Street Law, Inc. Page 1 of 1

10 Handout 2 Use of Deadly Force? Examine the following situations. Decide whether you think the use of force was reasonable or unreasonable. Explain your decisions. 1. Officer Milloy arrives at the scene of a burglary. He observes a man running away from the scene holding something in his hand. Officer Milloy has both pepper spray and a revolver. He follows the alleged burglar and tries to talk to him. The man charges at him holding a screwdriver. Officer Milloy shoots and kills him. 2. Ms. Ubanski keeps a gun in her home as protection against intruders. One evening, she hears a noise in the den and goes to investigate. Upon entering the room, she sees a man stealing her television. The burglar, seeing the gun runs for the window but Ms. Ubanski fires and kills him before he can escape. 3. Mr. Johnson is walking by a construction site when he hears screams. He runs into the site and sees a man trying to rape a young woman. He grabs a pipe lying on the ground and hits the man on the head, killing him. 4. Mr. Goetz is riding the subway. Four young men armed with screwdrivers approach him and ask him for some money. When he refuses they all move in closer to Mr. Goetz and begin to shove him. Mr. Goetz pulls a handgun out of his bag and shoots all four men, killing one of them Street Law, Inc. Page 1 of 2

11 5. Officer Wilton was responding to a convenience store robbery when he encounters two men walking in the road. He observes that the men fit the description of the robbers. He stops the two men and scuffles with one of them such that his gun is discharged. The two men run away and Officer Wilton follows. Officer Wilton orders the two men to stop, they initially do but then one man starts walking toward Officer Wilton. Officer Wilton shoots and kills him. 6. Mr. Peters has a legally registered gun to protect his home against intruders and against the increasing crime in his neighborhood. One night, Takashi, a Japanese exchange student, walks up Mr. Peters driveway looking for a party. Takeshi thinks Mr. Peters is hosting the party and begins yelling and waving his arms. Mr. Peters get scared, retrieves his gun, and points it at Takeshi while yelling Freeze. Takeshi does not understand English very well and keeps walking toward Mr. Peters. Thinking he is an intruder, Mr. Peters shoots and kills Takeshi. 7. Mr. Jeffries is at a club and while he is dancing he accidentally spills a drink on Mr. Roberts. Mr. Roberts freaks out, points to a gun he has hidden in his waistband, and starts screaming that he is going to kill Mr. Jeffries when they leave the club. Mr. Jeffries leaves the club and waits outside for Mr. Roberts. Mr. Jeffries shoots and kills Mr. Roberts as he leaves the club. 8. Mr. Williams has had numerous thefts from one of his barns. To prevent future thefts, he sets up a loaded spring gun. Once the spring is set, if the door to the barn is opened, the gun shoots the intruder. Three nights after the spring gun is set, a person is shot and killed trying to steal from the farmer s barn Street Law, Inc. Page 2 of 2

12 Handout 3- Law Regarding Use of Force or Deadly Force Use of Force or Deadly Force by Community Members. 1. Self-Defense: Use of force is considered lawful if a reasonable person would believe they were in imminent danger of bodily harm. A person cannot use more force than appears to be necessary. Deadly force can usually only be used by a person who reasonably believes that there is an imminent danger of death or serious bodily injury. Once the threat has been eliminated a person may no longer use force against their attacker. 2. Defense of Other People: Use of force is considered lawful if a reasonable person fears that someone else is in imminent danger of bodily harm. Just as in self-defense, a person cannot use more force than is necessary to eliminate the threat or bodily harm. 3. Defense of Property: Deadly force is generally not considered reasonable when defending property. However, in states with Stand Your Ground/Castle Doctrine laws, deadly force may be permitted. 4. Duty to Retreat: Some states require victims to retreat (attempt to leave the situation) if it is safe to do so before resorting to the use of force particularly the use of deadly force in self-defense. 5. Stand Your Ground: Some states have laws stating you may stand your ground and have no duty to retreat before using force in self-defense. States that have these laws generally apply them equally in a person s home and on the street. 6. Castle Doctrine: Some states have laws stating a person has no duty to retreat from their home. These laws generally state that you may use deadly force if you are faced with an intruder in your home Street Law, Inc. Page 2 of 2

13 Use of Deadly Force by Law Enforcement The standard for the use of force by law enforcement is set out in a United States Supreme Court decision, Graham v. Connor (1989). The Court ruled that: 1. The question is whether the officers actions are objectively reasonable in light of the facts and circumstances confronting them. 2. The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight. 3. The calculus of reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments in circumstances that are tense, uncertain, and rapidly evolving about the amount of force that is necessary in a particular situation Street Law, Inc. Page 2 of 2