Use of ForceQuestion 78 of 200
If excessive force or improper restraint causes death, the guard's potential criminal exposure can include:
a.No criminal exposure — only civil
b.Trespass (§602) only
c.Voluntary manslaughter (§192(a)) or involuntary manslaughter (§192(b)); homicide charges may include murder (§187) where elements are met; civil liability also follows
d.An infraction ticket
Explanation
Death resulting from unlawful force triggers homicide analysis. Voluntary manslaughter (§192(a)) applies where there is an intentional but mitigated killing; involuntary manslaughter (§192(b)) covers death without malice from criminally negligent or unlawful acts. Where malice is shown, second-degree murder (§187) is possible. Several California in-custody deaths have produced exactly these charges against private security and law enforcement personnel. Options (a), (b), (d) dramatically understate the criminal exposure.
Law Reference: Cal. Penal Code §192; in-custody death case lawPractice all 200 questions free — no signup required.
Related questions on this topic
- The so-called '21-foot rule' (Tueller drill) is best understood as:
- When confronted by multiple non-compliant subjects, the guard's force decision should consider:
- If a guard's excessive force violates a subject's civil rights, the principal civil-liability theories include:
- 'Imminent' threat under §835a(c)(1) means:
- California self-defense law (PC §692-§694; CALCRIM 505) requires force be:
- Time, distance, and cover are critical de-escalation tools because they:
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