Appendix A: Glossary

Actus Reus. The act or omission that violates the law.

Bail Bond Surety. A person who executes a bail bond as a surety or co- surety for another person; or for compensation deposits cash to ensure the appearance in court of a person accused of a crime.

Baton. A type of club. These come in multiple varieties including expandable which can collapse into itself and side handled which has different grips that allow for different movements.

Civil Liability. Being held responsible for payment of damages or other court-enforcement in a lawsuit.

Code of Criminal Procedure. The set of rules governing the series of proceedings through which the government enforces substantive criminal law. Municipalities, states, and the federal government each have their own criminal codes, defining types of conduct that constitute crimes.

Company License. A license issued by the department that entitles a person to operate as a security services contractor or investigations company.

Control. Degree of influence you must exert over another (violator) to safely take the person into custody. Criminal Liability. Being held legally responsible for committing a criminal offense.

Criminal Negligence. With respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

Deadly Force. Force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury. Deadly force does not only mean that you are shooting someone or striking the person to kill them. Deadly force, according to the law, can be striking someone with a fist in the face and breaking his nose, kicking to the groin, kicking to the knee, etc. Most strikes to targets that are not major muscle groups can lead to breaks and serious/permanent injury and are considered to be deadly force.

Department of Public Safety. An agency of the state to enforce the laws protecting the public safety and provide for the prevention and detection of crime.

Hard Empty Hand Control. To control active aggression, counterstrikes and restraints may be used. Examples are empty hand strikes and kicks. These techniques may result in minor injury including bruising, lacerations and contusions. Targets should be major muscle groups.

Hard Intermediate Weapons. Typically an ASP (expandable baton), straight stick, or PR-24 (side handled stick).

Intentionally. With respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.

Knowingly. With respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.

License. The whole or a part of a state agency permit, certificate, approval, registration, or similar form of permission required by law.

Licensing. A state agency process relating to the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.

Mens Rea. The guilty state of mind, the intention to commit an offense.

OC (Pepper) Spray. Pepper spray is an inflammatory. It results in the burning sensation and a closing of the eyes, inflaming muscle membranes, and burning sensation of the skin, and a sensation of not being able to breathe.

Party. A person or state agency named or admitted as a party.

Person. An individual, partnership, corporation, association, governmental subdivision, or public or private organization that is not a state agency.

Presence of Mind. The ability to remain calm and take quick, sensible action.

Reasonable Means. Having sound judgment; fair and sensible; as much as is appropriate or fair; moderate.

Recklessly. With respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

Rule. A state agency statement of general applicability that implements, interprets, or prescribes law or policy; or describes the procedure or practice requirements of a state agency

Situational Awareness. A foundation for successful decision-making across a broad range of situations viewed as “a state of knowledge.”

State Agency. A state officer, board, commission, or department with statewide jurisdiction that makes rules or determines contested cases. The term includes the State Office of Administrative Hearings for the purpose of determining contested cases.

Stun Gun. An electroshock weapon is a less-lethal weapon that utilizes an electric shock to incapacitate a target by either temporarily disrupting voluntary muscle control and/or through pain compliance. There are several different types of electroshock weapons.

Tactical Advantage. An action or plan which is intended to help someone achieve what they want in a particular situation.

Two-Way Radio. A radio that can both transmit and receive.

Use of Force Model. A standard that provides law enforcement officers and civilians with guidelines as to how much force may be used against a resisting subject in a given situation.