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The Relevance of Assertive and Defensive Force: Applicability of Other State Laws

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When applying state law to evaluate an officer’s use of force, the characterization of that force as assertive or defensive is a relevant consideration. Assertive force refers to actions taken against a subject who is noncompliant or resisting, but whose resistance does not threaten the physical safety of the officer or others. Assertive force refers to situations in which an officer initiates violent action (typically as a response to a subject’s failure to comply with orders or with nonviolent resistance). Defensive force, in contrast, refers to actions taken against a subject who has initiated violence by physically threatening the officer or others.

Evaluating Police Uses of Force

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