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U_seof forlg Standar.dsfor pSeceOf$cers D iby: SusanOuo.*^y,4r"rf$t Counrf Attomey Introduction T'bisitttelligence brie,f addresset; the legal standards applied by the courtsin useof forceclairns broughtby ment.irllyor emotionallydisturbed threats against law enforcementor correctionsdeputies. Duringtlie lastf(,w years the courtshave becorne increasingly concemed about law enforcementand conectionsoffict,:rs using for,:e to controlthe actions of emotionallyancl mentally disturbed arrestees and-inmates, Although the cr:ufts have not yetmandated that law enforcementagencies implement differentuse of li;rcepolicier; for dealingwith mentallyill arresteesor inmatesthan the policiesused for de-alinggenerally with arrest,:resor inmates, the courts have indicated that the mentdl state of thethreat is oneof ths factorsthat must tre considered under a totalityof tlie circumstancestest, Forpurposes of this menlo,tlueats have been categorized b),thlee stages in thecriminal justice pr{)cess each of whichcarries its own respectil'r:constitutional rights: (l) thethleat on thestreet in an arrestsiruation, (2) the threatin custodypost-anest, but pre-a.r:raignment, and (3) thetlueat post-an'aignrnent, either pre-or post conviction.Gene,r6lly, the saLme legal standard applies on the streetand during post-arrest, pre- anaignmentcustody, that is, lawful forceis thatforce which is objectivelyreasonable fl'om the peace officer'sperspective at thetime the forceis use<l.. In thepost-arraignment stage, Iawful forceis that forcethal. does n< t sliockthe conscience and is not rnaliciousor sadistic,but ratheris usedin a good faitheffort to ma;rintainorder ancl restore discipline. Receirtc0urt decisions make it cleartliat onelbctor affecting the courts'decisions regarding whetherthe use of forceis otrjectivelyreasonable is whetherthe peace officer knew or shouldhave knolvnthat the lhreat wasrnentally or emotionallydisturbed at thetirne the force was used and whetherin light r:1'thatknowledge, the peaceofficer should have taken different actions.
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