QuestionMay 26, 2025

2. When a police officer is charged with assault based on force used by the officer during a lawful arrest.how should the jury be instructed to evaluate the officer's claim that the force used was not excessive?Does the officer have to consider other options to the use of force, such as a duty to retreat? Is it relevant the victim was resisting arrest? To what extent? See Comm v. Asher, 31 N.E .3d 1055 (Mass. 2015).

2. When a police officer is charged with assault based on force used by the officer during a lawful arrest.how should the jury be instructed to evaluate the officer's claim that the force used was not excessive?Does the officer have to consider other options to the use of force, such as a duty to retreat? Is it relevant the victim was resisting arrest? To what extent? See Comm v. Asher, 31 N.E .3d 1055 (Mass. 2015).
2. When a police officer is charged with assault based on force used by the officer
during a lawful arrest.how should the jury be instructed to evaluate the officer's
claim that the force used was not excessive?Does the officer have to consider other
options to the use of force, such as a duty to retreat? Is it relevant the victim was
resisting arrest? To what extent? See Comm v. Asher, 31 N.E .3d 1055 (Mass. 2015).

Solution
4.2(283 votes)

Answer

Yes, the victim's resistance is relevant in determining the reasonableness of the officer's actions during the arrest. Explanation In evaluating an officer's claim of non-excessive force, the jury should consider whether the officer acted reasonably under the circumstances. The victim's resistance is relevant as it may justify a higher level of force; however, the officer must still assess alternatives to using force.

Explanation

In evaluating an officer's claim of non-excessive force, the jury should consider whether the officer acted reasonably under the circumstances. The victim's resistance is relevant as it may justify a higher level of force; however, the officer must still assess alternatives to using force.
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