Officer Created Jeopardy in Use-of-Force Analysis

This episode of the Guardian Mindset Podcast was recorded live as the opening keynote at the 2025 Use of Force Summit, setting the tone for a critical discussion on how modern courts, communities, and agencies evaluate police use of force. The episode examines the growing legal and operational focus on Officer Created Jeopardy and why decisions made well before force is used are now central to accountability, training, and liability. Drawing from emerging case law, including Barnes v. Felix, this session challenges law enforcement leaders, trainers, and officers to rethink how tactics, policy, and real-world practice must align under the Totality of the Circumstances standard—and the consequences when they do not. Continue your education at the DLG Learning Center with upcoming training programs . Key Takeaways Core Concept: Officer Created Jeopardy is a crucial concept affecting use of force analysis, emphasizing the need for accountability in police training and tactics. Legal Precedents: Cases like Barnes v. Felix highlight the importance of assessing all circumstances leading to force use, including officer behavior and decisions. Training and Practice: Agencies must ensure training translates effectively into practice; failure to do so can lead to litigation challenges and accountability issues. Totality of the Circumstances: This approach is gaining traction in courts, requiring a thorough examination of events before and after a force incident. Policy Updates: Policies surrounding use of force should be regularly updated to reflect current practices, especially in relation to mental health responses and traffic stops. Detailed Summary Officer Created Jeopardy The concept of Officer Created Jeopardy is gaining prominence in the analysis of police use of force. This principle suggests that officers must be held accountable for the risks they create through their actions leading up to an incident. Trainers are encouraged to ensure that the skills imparted to officers are effectively implemented in real situations. The accountability aspect of training has become increasingly significant, particularly in the context of litigation where officers’ decisions and adherence to training will be scrutinized. Legal Precedents and Their Implications The recent case of Barnes v. Felix illustrates the importance of evaluating the totality of circumstances surrounding a use of force incident. This legal framework requires courts to consider not only the immediate actions of officers but also the events that preceded those actions. This principle underscores the need for law enforcement agencies to assess their training programs rigorously and ensure they equip officers to handle situations effectively without escalating them unnecessarily. The emphasis on a holistic view of force incidents highlights the necessity for departments to focus on the tactics employed by officers prior to force application. Training and Policy Updates The discussion further stresses the importance of updating use of force policies to align with evolving legal standards and community expectations. Agencies should continuously review their training and operational policies, particularly in areas like mental health responses and emergency interventions, to ensure they are comprehensive and effective. As the legal landscape shifts, officers must be prepared to demonstrate adherence to these policies in high-pressure situations to avoid liability and uphold community trust. Future Considerations The evolving legal interpretations and expectations surrounding officer conduct call for proactive measures from law enforcement agencies. As discussions around duty to intervene and excessive force become more prominent, departments must cultivate a culture of accountability and rigorous training. Moreover, with emerging technologies like artificial intelligence in report writing, agencies should consider the implications of AI on officer accountability and legal perceptions, ensuring that human judgment remains central in assessing use of force incidents.