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 at all — a private guard's use of force is dealt with entirely through civil damages suits and BSIS licence discipline, not through the criminal courts

b.Trespass under §602 only, on the theory that the guard's wrong was exceeding the owner's permission to be there, and that the death is then treated as an accident of that trespass

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 citation only, since the Penal Code treats a death arising out of a detention that began lawfully as an administrative matter for BSIS rather than a criminal one for the guard

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 law

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If excessive force or improper restraint causes death, the guard's potential criminal exposure can include:

Explanation

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