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New Jersey Section 2C:3-7 – Use of force in law enforcement

New Jersey Law on Use of Force by Law Enforcement

New Jersey has a specific law that governs the use of force by law enforcement officers. This law, Section 2C:3-7 of the New Jersey Code of Criminal Justice, outlines when officers can legally use force and what level of force is allowed in different situations.

Overview of the Law

The law states that officers can use force when making an arrest, preventing an escape, or defending themselves or others from bodily harm. The main principle is that officers can only use the amount of force that is immediately necessary to accomplish their lawful purpose.

Force can range from non-deadly tactics like grabbing or restraining a suspect to deadly force like firing a gun. Deadly force is only permitted when the officer reasonably believes it’s necessary to protect themselves or others from death or serious bodily harm.

Key Provisions

Here are some of the key provisions of the use of force law:

• Officers must identify themselves and state their intention to arrest or detain someone, unless it would be dangerous or futile to do so. This gives suspects a chance to comply before force is used.
• Officers can use non-deadly force to make an arrest if the suspect resists arrest or flees. Things like grabbing, restraining, or non-deadly weapons are allowed.
• Deadly force can only be used as an absolute last resort if non-deadly options won’t work. Officers must reasonably believe deadly force is immediately necessary to protect life.
• Officers must give a verbal warning before using deadly force, if feasible. This shows they exhausted other options first.
• Even when justified, officers can’t use more force than is reasonably necessary. The force has to match the threat.
• Officers are expected to minimize injury or risk to innocent bystanders when using any type of force.

Justification and Liability

The law provides a legal justification for officers who use reasonable force according to the rules above. However, officers can still face criminal charges or civil lawsuits if their use of force was found to be excessive or unnecessary.

Prosecutors would need to prove the officer knowingly violated the use of force rules and standards to bring criminal charges. Civil lawsuits have a lower burden of proof and officers could face liability if their actions are found to be negligent or reckless, even if no criminal charges are filed.

Officers who follow the rules and use the minimum force needed under the circumstances are protected from criminal prosecution and civil lawsuits. But officers who clearly exceed the bounds of the law risk losing that justification and immunity from liability.

Training and Reporting Requirements

To ensure proper understanding and application of the use of force rules, all New Jersey officers must receive regular training on the law and department policies. This involves classroom instruction, roleplaying scenarios, and range qualifications.

Officers are also required to promptly report any use of physical force to their supervisor. This creates a record in case the incident leads to an investigation or lawsuit. Many departments require detailed written reports anytime an officer displays a weapon or uses force beyond basic handcuffing or searching.

Real-World Examples

Here are some examples of how the use of force law applies in common police encounters:

• If a suspect resists being handcuffed during an arrest, the officer can use reasonable force like grabbing the suspect’s arms to gain compliance. But they couldn’t punch or beat the suspect solely for passive resistance.
• Officers are justified in using non-lethal weapons like batons or tasers to subdue an actively aggressive suspect who won’t comply with orders. But they couldn’t use those weapons on someone who is only verbally defiant.
• Shooting would be justified against a knife-wielding suspect who charges at an officer refusing to drop the weapon. But not if the suspect was stationary and could have been contained without deadly force.
• Firing at a fleeing suspect’s vehicle is prohibited unless it poses a direct deadly threat to officers or the public. Simply fleeing arrest, even at high speed, does not justify deadly force.

Recent Controversies

Police use of force has been under scrutiny in recent years after several high-profile incidents of officers using questionable or excessive force. This has led to a public debate over police training, transparency, and accountability.

Some of the incidents that sparked controversy in New Jersey include:

• The 2020 death of Maurice Gordon after being shot by a state trooper during a traffic stop on the Garden State Parkway. The shooting was ruled justified but remains controversial.
• A violent arrest captured on video in 2017 showing officers repeatedly punching a suspect who was not resisting. Several officers pleaded guilty to falsifying reports.
• The violent arrest and hospitalization of a nurse in 2017 after refusing to draw blood from an unconscious patient without a warrant. The city paid $650,000 to settle his lawsuit.
• The fatal shooting of Hasani Best in 2020 during a domestic dispute call. While ruled justified, critics questioned whether deadly force was necessary.

These incidents have led to calls for more deescalation training, body cameras, and use of force reporting to prevent unnecessary force. But police unions argue officers often have to make split-second decisions to protect themselves and the public from harm.

Conclusion

New Jersey’s use of force law aims to balance the need for officers to protect public safety with the rights of citizens to be free from excessive force. Proper training and accountability are crucial to ensure compliance. It’s a complex issue that depends heavily on the circumstances of each encounter. The public debate continues over how to best strike the right balance when officers are authorized to use force.