Use-of-Force Continuum: Wisconsin Statutory Definitions
Training
Citation
First enacted and effective Feb. 29, 1980
Summary and Notes
The law allows officers to use force under the concept of "privilege." The same law that gives citizens the right to use force in self-defense, gives officers the right to use force to detain and arrest.
Relevant Excerpt
939.45 Privilege. The fact that the actor's conduct is privileged, although otherwise criminal, is a defense to prosecution for any crime based on that conduct. The defense of privilege can be claimed under any of the following circumstances:
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When the actor's conduct occurs under circumstances of coercion or necessity so as to be privileged under s. 939.46 or 939.47; or
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When the actor's conduct is in defense of persons or property under any of the circumstances described in s. 939.48 or 939.49; or
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When the actor's conduct is in good faith and is an apparently authorized and reasonable fulfillment of any duties of a public office; or
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When the actor's conduct is a reasonable accomplishment of a lawful arrest.
First enacted and effective Nov. 27, 1987
Each agency must make their own policy for use of force, which may be more restrictive than Wisconsin laws. There are a couple of cities in Wisconsin that implement the "8 Can't Wait" practices: Madison & Platteville.
Each person in charge of a law enforcement agency shall prepare in writing--and make available for public scrutiny--a policy or standard regulating the use of force by law enforcement officers in the performance of their duties.