2.2 Use of Force as-srf-b (Rev-A, Ch-1) 28apr08

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Use of Force and Deadly Force

Lesson Topic 2.2

Center for Security Forces

A-830-0018 (Rev-A, CH-1)

Armed Sentry/Security Reaction Force - Basic

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Classroom Policy

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Enabling Objectives

• DEFINE terms involved in the Navy Use of Force policy.

• STATE applicability and scope of Department of Defense directives governing the Use of Force and Deadly Force.

• EXPLAIN the difference between Passive and Active subject types to the Use of Force continuum.

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Enabling Objectives

• DISTINGUISH between the levels of the Use of Force continuum.

• DESCRIBE the Deadly Force Triangle and policy for use of firearms.

• DESCRIBE the relationship of Non-Lethal Weapons (NLW) to the Use of Force and Deadly Force continuum.

• DEFINE when deadly force is authorized.

• STATE definition of Deadly Force.

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Introduction

• In the arming of security force personnel comes the responsibility to employ lethal and non-lethal force.– The most significant decision an armed sentry or

security force member will make is whether to use force and what level force should be used.

– When force becomes necessary, it must be delivered in an effective and reasonable manner that falls within acceptable guidelines.• Use only the minimum force necessary!

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Terms & Definitions

• Force – To do violence.– To compel by physical or intellectual means.– To achieve or win by strength in struggle or

violence.

• Deadly Force– Force that a person uses causing, or that a

person knows or should know, would create a substantial risk of causing death or serious bodily harm.

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Terms & Definitions• Serious Bodily Harm

– Does not include minor injuries, such as a black eye or a bloody nose, but does include fractured or dislocated bones, deep cuts, torn members of the body, serious damage to the internal organs and other life-threatening injuries.

• Imminent– The determination of whether a particular threat or

danger is “imminent” is based on assessment of all circumstances known at the time.

• Imminent does not necessarily mean “immediate” or “instantaneous”.

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“Use of Force” DoD Directives

• CJCSI 3121.01B (Encl. “L”) – Standing Rules for the Use of Force for US Forces (SRUF)– Enclosure “L” of this instruction provides operational

guidance and establishes fundamental policies and procedures governing actions taken by DoD forces performing civil support missions and routine service functions (including AT/FP duties) within the U.S. territory (including US territorial waters).

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• SECNAVINST 5500.29C – Use of Deadly Force and the Carrying of Firearms by Personnel of the Department of the Navy in Conjunction with Law Enforcement, Security Duties and Personal Protection.– Applies to all DON military and civilian personnel or

contract security forces who carry firearms.

– Used to implement DoD Directive 5210.56 establishing the Use of Deadly Force policy for DoD military and civilian personnel performing law enforcement and security duties, and the arming of those personnel.

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• DoD Directive 5210.56 – Use of Force and the Carrying of firearms by DoD personnel Engaged in Law Enforcement and Security Duties.– Applies to all Military Departments, Defense Agencies,

and DoD Field Activities.

– Sets forth policy to limit and control the arming and carrying of firearms by DoD personnel.

– Establishes parameters and provides guidance for the arming of law enforcement and security personnel, and the Use of Force and Deadly Force.

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• DoD Directive 3000.3 – Policy for Non-Lethal Weapons.– Applies to all Military Departments, Defense

Agencies, and DoD Field Activities.– Sets forth policy that Non-Lethal weapons,

doctrine and concepts shall be designed to reinforce deterrence and expand the range of options available for the Use of Force.

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Mental Preparation

• Combat Mindset – Training of mental preparation is the foundation to a successful outcome in a conflict. – You must recognize the real dangers inherent

with armed or physical confrontations and the importance of being mentally prepared. • Always plan for worst-case scenario.

– Training prepares us to properly react to situations or violent confrontation, which may require the Use of Force up to, and including, Deadly Force.

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Mental Preparation

– Alertness – Remain focused on any possible threat to avoid surprise; always be prepared for worst case, and aware of what is around you (i.e., behind you).• Mentally prepared for a violent confrontation.• Looking for violent confrontation.• Expecting a violent confrontation.• Ready to react to a violent confrontation.

• Combat Mindset (Cont…)

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Mental Preparation

– Decisiveness – Determine a course of action and follow through with that decision. • Never hesitate when the “Use of Force” or “Deadly

Force” has been decided upon (Act/React).

– Aggressiveness – Once the decision is made for the “Use of Force”, don’t stop until you have gained control of the situation.


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Mental Preparation

– Speed of Action – Your actions should be deliberate, smooth, and fast; end the action before the subject (adversary) knows its over.

– Self Control – Stay focused, having a mental presence of mind to deal with one problem at a time. • If loss of control occurs; potential for loss of life is great.

• Aggressive force does not mean excessive force.

• Be calm, controlled and precise.


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Mental Preparation

– Determination – Is the ability to use power and resources without reservation to stop the threat.• Actions must be IAW rules for the “Use of Force”.

• Once force has been decided upon, don’t be kind, be tough and determined. Above all…

Be in control!


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= Total Vulnerability

= Nonspecific Alert

= Specific Alert

= Decision made to use Deadly Force

= Shutdown of Mental Faculties

Mental Preparation

• Five Levels of Mindset

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Mental Preparation

– White:• State of total vulnerability.

• Unaware of actions happening around you.

• Unprepared to act or react.

• Example – “Staring into headlights look”.

• Five Levels of Mindset (Cont…)

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Mental Preparation

– Yellow:• State of non-specific alert. • Aware and alert to everything around you.

» Environment. » Team Member(s).» Weapons awareness/retention.» Potential threats.


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Mental Preparation

– Orange:• State of specific threat. • Focus is on possible threat/something suspicious.

» Further evaluation necessary.

» Assess the potential impact on mission objective.

» Pay close attention to your temper/attitude.

» Develop plan of action within guidelines of the Use of Force continuum and implement.

• Once threat is resolved, return to yellow mindset.


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Mental Preparation

– Red:• Mentally prepared to use deadly force.

• Criteria for “Use of Deadly Force” has been met.

• LAST RESORT – USE OF DEADLY FORCE


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Mental Preparation

– Black:• The result of improper mental condition, causing

an individual to experience sensory overload.• Mental facilities shut down (not prepared).• Tunnel vision and audio exclusion; freezing up

and general disorientation occurs. • Not aware of the situation, or no longer in control

of the situation (loss of self-control).


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Mental Preparation

– Most important trait required to effectively employ the Use of Force continuum is Sound Judgment.• Capacity to assess situations or circumstances and draw

sound conclusions regarding the application of the “Use of Force” and/or “Deadly Force”.

– To properly select the necessary level of force required to compel compliance, members must:• Recognize their own mindset

• Categorize the type of subject

• Know the Use of Force continuum

• Judgment

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General Types of Subjects

• Personnel may encounter two general types of subjects:

– PASSIVE - Person does NOT physically resist.

– ACTIVE - Person who physically resists.

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• Passive Compliant – Will follow task directions.

– Subject is cooperative and complies.

– Likelihood of a physical response is low.

– Controlled through presence & verbalization.

• Passive Resistor– Will not follow task direction; non-responsive/uncooperative.

– Passively or defensively resists; but, shows no physical actions to interfere (i.e., dead weight/peaceful protest).

– May require physical contact to elicit compliance.

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• Active Resistor – Will not follow task direction.– Physically resists; but DOES NOT ATTACK.

• Active resistance and/or aggression. – Subject exhibits physical defiance and is

attempting to interfere with security force actions.• Inflicting pain or physical injury to security

force member without a weapon or object. » Bracing, pulling away, kicking, scratching, etc.

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General Types of Subjects• Active Aggressor

– Will not follow task direction; Physically Attacks.– Assault or Threat of Assault:

• Subject assumes a fighting stance and/or charges.

• Verbally/physically indicates intent to commit assault.

– Life Threatening Assault:• Commits an attack using an object/weapon.

• Commits an empty hand assault, wherein the security force member reasonably believes the assault will result in serious physical injury and/or death.

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Levels of Use of Force Continuum

M-9 PISTOL

M-16 RIFLE

SHOTGUNBATON

MWD

MACH TAKEDOWNTECHNIQUE

OC-SPRAY

EMPTY HAND

STRIKESESCORTS

HANDCUFFS

FLEXI-CUFFSPERSONAL COMMS SKILLS

UNIFORM

U.S. FLAG

6. DEADLY 6. DEADLY FORCEFORCE

5. INTERMEDIATE 5. INTERMEDIATE WEAPONWEAPON

4. HARD 4. HARD CONTROLCONTROL

1. PRESENCE1. PRESENCE

2. VERBAL 2. VERBAL COMMANDSCOMMANDS

PASSIVE PASSIVE SUBJECTSUBJECT

ACTIVE ACTIVE SUBJECTSUBJECT

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• Level 1 – Presence– Display of Authority – Interview stance

– Physical presence compels compliance (e.g., body language, demeanor, and manner of approach).

– Uniform appearance (armed watch-stander).

– Warship presence (U.S. Flag)

– Non-verbal communications skill.

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• Level 2 – Verbal Commands – Voice commands given by an individual in an

attempt to control a situation.

(e.g., personal communication skills). – Always include Consequences for non-

compliant personnel with instructions.

(i.e., “If you don’t …, I will be forced to …”)– Be reasonable in your commands.– Use a clear, authoritative voice.– Commands should be easily understood.

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• Level 3 – Soft Control (Restraining/Detaining)

– Soft Control Techniques are intended to bring a subject under control with a low probability of causing soft or connective tissue damage, lacerations of the skin, or bone fractures.

– Examples may include:• Laying hands on a subject to gain control; an escort

position or control hold (joint manipulation).

• Application of restraints; flexi-cuffs, leg restraints, and steel handcuffs.

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• Level 4 – Hard Control (Compliance Techniques)

– Hard Control techniques are intended to bring a subject under control with a probability of causing soft or connective tissue damage, lacerations of the skin or bone fractures.

– Examples may include:• OC-Spray, MACH takedown techniques and/or empty

hand punches, strikes, kicks, etc.

• May involve an intermediate weapon in control type configuration (i.e., MACH Baton Technique).

» NOT as an impact weapon!

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• Level 5 – Intermediate Weapons – Intermediate weapon techniques are intended to

bring a subject under control with a high probability of causing soft or connective tissue damage, lacerations of the skin or bone fractures.

– Examples may include: • Expandable Baton

• Military Working Dog (MWD)

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• Level 6 – Deadly Force

INTENT

12 Ga Shotgun

M-9 Pistol

Last Resort!

OPPO

RTU

NIT

YCAPABIL

TY

1 2

3

M-16 Rifle

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Deadly Force Triangle

• For the use of deadly force to be appropriate, three conditions must exist:

– Opportunity

– Capability

– Intent

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• Capability – The ability or means to inflict death or serious bodily harm, or the “hands-on” ability to place or attach explosives on vital assets, or High Value Assets (HVA). – A hostile, dangerous or suspicious person possess

the actual ability to inflict death or serious bodily harm to another person; such as…

GUN KNIFE CLUB – Or, an object which can be utilized in a manner

resulting in death or serious bodily harm to personnel, or damage to vital assets.

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• Opportunity – Is established when a weapon or explosive device is in effective range to cause death or serious bodily harm to DoD personnel or designated assets; i.e.,– U.S. Navy personnel, another service member or

High Value Asset (HVA) is in the effective range of a weapon, weapon system, or IED.

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Deadly Force Triangle• Intent – Demonstrated through aggressive actions or lack

of compliance the desire or willingness to cause death, serious bodily harm or damage to vital assets; i.e.,– A hostile, dangerous, or suspicious person demonstrates

through aggressive actions or display of a weapon in a threatening manner the willingness to cause death or serious bodily harm.

– Indicators that may help in determining hostile intent;• Intelligence reports• Failure to respond or react to hails/warnings• Evading Security Forces• Driving at high speed toward HVA or ECP• Displaying weapons

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Guidance for Carry & Use of Firearms

• Personnel shall NOT use, carry, or possess personal weapons while in performance of assigned duties.

• Government-owned weapons shall not be carried when in an off-duty status; – They shall NOT be kept in private residences.

– Weapons will only be stored in approved security containers or armories.

– Only ammunition obtained through Navy supply system shall be used in government-owned weapons.

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• Authority to arm personnel is vested in CO.– Personnel engaged in force protection and security duties

shall be armed & weapons shall be loaded.

• Weapons shall not be carried unloaded; except for safety reasons, while participating in training exercises, or as directed by the CO.

– Authorization to carry firearms shall be in writing.

• OPNAV Form 5512/2

– Must have NO conviction of Domestic Violence.

• Must complete DD Form 2760 to carry firearms.

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• In case of holstered weapons, a weapon should not be removed from the holster unless there is reasonable expectation that use of the weapon may be necessary.

NOTE: Drawing the weapon (although drawn with reasonable expectation of use) does not mean the individual MUST use the weapon.

– Anytime your weapon is drawn, it must be document and reported IAW the unit’s “Rules, Regulations, and Procedures (RRP).

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• When a firearm is discharged, it will be fired with the intent of rendering the person(s), at whom it is discharged, incapable of continuing the activity or course of behavior prompting the individual to shoot.

• Shots shall be fired only with regard for the safety of innocent bystanders.– Shots will NOT be fired if likely to significantly

increase the danger to innocent bystanders.

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– Warning shots are not authorized within U.S. Territory (including territorial waters); EXCEPT…

• In the appropriate exercise of force protection of U.S. Navy & Naval Service Vessels.

» Unit commanders or designated tactical weapons release authority shall establish procedures for weapons employment, to include warning shots.

» The CO, giving consideration to avoid fratricide & collateral damage, will designate gun mounts or posts authorized to fire warning shots.

• Warning Shots

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• Training requirements for personnel required to be armed in the performance of security and law enforcement duties.– Weapons qualified IAW OPNAV 3591.1E– Non-Lethal Weapons – Use of Force and Deadly Force – Rules of Engagement (ROE)

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Guidance on “Use of Non-Deadly Force”

• Force is to be used only as a last resort;– Force used should be the minimum necessary to

compel compliance.• The use of force must be reasonable in intensity,

duration and magnitude based on the totality of circumstances to counter the threat.– Escalation of force must be consistent with the

lowest level of force required to control a situation.– Use force only when it is necessary to effectively

discharge or execute assigned duties.

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Guidance on “Use of Non-Deadly Force”

• Use of force must be applied in a progressive and sequential manner where possible.– You need not attempt to gain control over an

individual by use of the lowest level of force when reason dictates otherwise, and you can articulate that a higher level of force is reasonable.

– Skipping steps within the continuum may be appropriate given the resistance or circumstances.

• De-Escalation – When time and circumstances permit; individual should be warned and given the opportunity to withdraw or cease the threatening action.

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Relationship of NLW to Deadly Force

• NLW capabilities provide “the lesser means” that could be considered prior to using deadly force.– Traditionally, military power to resolve crisis has

involved the Use of Deadly Force or implicit threat of the Use of Deadly Force.

– A military force armed only with traditional weapons has only two options for enforcing compliance; threatening deadly force and applying deadly force.

• This limitation creates a critical vulnerability that belligerents may quickly discern & use to their advantage.

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• Non-Lethal capabilities provide a wider range of options that augment, but do not replace traditional means of deadly force.– The option to resort to deadly force must always remain

available when believed appropriate to the situation.

• The use of NLW does not mean that there is no chance of producing fatalities or permanent injuries. – This mindset must be avoided; fatalities and permanent

injuries can always occur anytime when employing Non-Lethal Weapons or self-defense tactics.

– Use of NLW is not required to have a ZERO probability of producing fatalities or permanent injuries.


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– When “Use of Force” is necessary to control a situation; • The nature, duration, and scope of the

engagement should not exceed that which is required to decisively counter the hostile act or the demonstrated hostile intent, and continue protection of U.S. forces or other protected personnel/property.

• Use Proportional Force


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Guidance on “Use of Deadly Force”

• Deadly force:

– Is justified only under conditions of extreme necessity, and when lesser means have been exhausted, are unavailable, or can NOT be reasonably employed.

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Guidance on Use of Deadly Force

– Self-Defense and Defense of Others. – Assets Vital to National Security. – Assets NOT Involving National Security but

Inherently Dangerous to Others.– Serious Offenses Against Persons. – National Critical Infrastructure

• Protect Public Health or Safety.

– Escape. – Arrest or Apprehension.

• Deadly Force-Conditions:

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Review and Summary

• Terms Related to Use of Force/Deadly Force

• “Use of Force” DoD Directives

• Mental Preparation – Mindset– Five levels of mindset – Judgment

• General Types of Subjects (Passive/Active)

• Levels of the “Use of Force Continuum”

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Review and Summary

• Deadly Force Triangle – Capability– Opportunity– Intent

• Guidance for Carrying and Use of Firearms• Guidance on “Use of Non-Deadly Force” • Relationship of NLW to Deadly Force • Guidance on “Use of Deadly Force”

– Deadly Force-Conditions

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Questions

2.2 Use of Force as-srf-b (Rev-A, Ch-1) 28apr08

Documents

deadly force force

use of force continuum

use of deadly force

level force

deadly force continuum

navy use of force policy

deadly force triangle

security force member