Use of Force Continuum: Five Resistance Levels and Matched Force Options
Key Takeaways
- The NJ use of force continuum matches five subject-resistance levels to authorized force options, from cooperative subject to active assailant.
- A cooperative subject warrants presence and verbal commands only; a passive resistor (non-compliant, no physical resistance) warrants soft empty-hand compliance holds.
- An active resistor (physical effort to avoid control) authorizes hard empty-hand control, OC spray, and conducted electrical weapons (CEW/Taser).
- A threatening assailant (imminent threat of bodily harm) authorizes intermediate force including baton and impact weapons; an active assailant (causing/attempting serious harm) authorizes deadly force.
- Officers must use the lowest reasonable force option and may escalate or de-escalate as resistance changes — the continuum is not a rigid ladder.
The Five-Level NJ Use of Force Continuum
The 2022 NJ AG Use of Force Policy organizes force options along a continuum that matches the subject's level of resistance to the authorized officer response. The continuum is the operational backbone of the policy — when the LEE gives you a fact pattern, you must identify the subject's resistance level, then identify which force options are authorized.
The Five Resistance Levels and Matched Force
| # | Subject Resistance Level | Subject Behavior | Authorized Officer Force |
|---|---|---|---|
| 1 | Cooperative Subject | Follows lawful commands; offers no resistance | Officer presence and verbal commands; no physical force |
| 2 | Passive Resistor | Non-compliant but uses no physical effort to resist (e.g., goes limp, links arms, refuses to move) | Soft empty-hand control: compliance holds, guiding, escorting, light pressure-point techniques |
| 3 | Active Resistor | Non-compliant and uses physical effort to avoid control (e.g., pulling away, tensing, pushing, fleeing on foot) | Hard empty-hand control (strikes, takedowns), OC spray (oleoresin capsicum), conducted electrical weapon (CEW/Taser) in probe or drive-stun mode |
| 4 | Threatening Assailant | Poses an imminent threat of bodily harm to the officer or another (e.g., aggressive posture, verbal threats with ability, brandishing a non-deadly weapon) | Intermediate force: baton, impact weapons, CEW; force sufficient to neutralize the threat but short of deadly force |
| 5 | Active Assailant | Actively causing or attempting to cause death or serious bodily injury (e.g., attacking with a deadly weapon, armed assault in progress) | Deadly force, when no reasonable alternative exists and the threat is imminent |
How to Read the Table
The continuum is resistance-driven, not officer-driven. The officer does not pick a force level and then find a justification — the subject's behavior determines which force options are authorized, and the officer must use the lowest reasonable option likely to overcome that resistance. If a passive resistor can be controlled with a compliance hold, the officer may not jump to OC spray even though OC is in a higher tier — that would violate proportionality and the last-resort principle.
The continuum is also bidirectional. As the subject's resistance increases (passive → active → threatening), the officer may escalate force. As resistance decreases, the officer must immediately de-escalate. An officer who continues baton strikes after an active resistor becomes compliant has crossed into excessive force.
Key Distinctions the LEE Tests
Passive vs Active Resistor. This is the most-tested continuum distinction. A passive resistor does not use physical effort to resist — they go limp, lock arms with protesters, sit down and refuse to move. The authorized response is soft empty-hand: compliance holds, guiding, escorting. An active resistor uses physical effort — pulling away, tensing muscles, pushing, running. The authorized response escalates to hard empty-hand, OC, and CEW. The LEE trap is to describe a limp protester and label the response as OC spray — that is excessive for a passive resistor.
Threatening vs Active Assailant. A threatening assailant poses an imminent threat of bodily harm (not necessarily deadly). The authorized response is intermediate force — baton, impact weapons. An active assailant is actively causing or attempting death or serious bodily injury. Only at this level is deadly force authorized, and only when no reasonable alternative exists and the threat is imminent. The LEE tests whether you can distinguish a threat of harm (intermediate force) from an imminent threat of death/SBI (deadly force).
Rules for Using Tools Within a Level
- OC Spray is authorized against active resistors and threatening assailants, not passive resistors. It is prohibited against a cooperative subject.
- CEW (Taser) is authorized against active resistors and threatening assailants. Officers must follow manufacturer training and agency policy on probe placement, drive-stun use, and duration cycles. Repeated or prolonged CEW applications require justification — cycling a CEW beyond what is necessary to gain control can be excessive.
- Baton / Impact Weapons are intermediate force, authorized against threatening assailants and active assailants. They are not authorized against passive resistors. Strikes to the head, neck, throat, spine, or groin are presumptively deadly force and require deadly-force justification.
- Soft Empty-Hand (compliance holds, guiding, escorting) is the ceiling for passive resistors. Hard empty-hand strikes against a passive resistor are disproportionate.
Escalation, De-escalation, and Reassessment
The continuum is a guide, not a rigid ladder. An officer is not required to try each lower level before a higher level if circumstances make that impracticable. If a subject suddenly produces a knife and lunges (active assailant), the officer need not first attempt verbal commands, then compliance holds, then OC — the subject's behavior has already reached the deadly-force tier. Conversely, when a threatening assailant drops the weapon and surrenders, the officer must immediately drop to verbal commands and soft control.
The LEE will test whether you understand that the continuum tracks the current resistance level, not the highest level reached in the encounter. A subject who was an active resistor but who is now compliant must be handled with cooperative-subject force — continued intermediate force is excessive.
A protester at a sit-in goes limp and refuses to stand. Officers must move her. What is the appropriate force level?
A subject pulls away from an officer attempting a handcuff and tenses his arms to avoid being controlled. Which resistance level and authorized force apply?
An active resistor suddenly produces a knife and moves toward the officer. What changes?