Police Use of Force

The Practical, the Tactical, and the LawPolice Use of ForceAdam BroussardAcademic Showcase 2013What are we doing?What is force as related to police work?How often do police officers use force to effect an arrest?How does the public perceive this?What is the public perceptions about safety?How does this affect police work?What does the USSC say on the matter?How does that affect police work?

Problem of Public PerceptionDoes the public feel safe with the police as they are?Does the public feel that crime is on the rise?Do you feel the police are causing more harm to do their job?Does the public trust police to be fair and uphold the law, to use as little force as possible?Are the police becoming more militarized or more military in nature?

Questions:How often do you think police have to use more than a request to place someone under arrest?How do you think they SHOULD use force?Do you think crime is on the rise in our nation?Are we becoming a more violent nation?Audience involvementengagementdo they share problematic public perceptions?5MSP uniforms C.1950s

New bdu uniforms

Statistics homicides in the Us by year1980 22,2501985 19,9801990 24,7001995 21,6102000 15,5862005 16,7402010 14,772

(FBI 2011)What is..ForceForce is defined as anything outside of the officers presence and authority use to effect an arrest or otherwise carry out their dutiesLethal forceAny force or device that is likely to cause a fatality (i.e. gunfire)Less-than-lethal forceAny technique or device that is not designed or likely to kill the target, but death is possible. (e.g. rubber bullets)(Gaines 2011)The Continuum of forceVerbal Commands

Soft Empty Hand techniquesCome-alongs, guiding, open hand stop

Compliance TechniquesArm bars, joint locks, pin techniques

Intermediate weapons/less-lethalPepper spray, batons, TASERs

Lethal force(Gaines 2011; Garner and Maxwell 2005)Use of force in 7,512 surveyed arrests(Garner and Maxwell 2005)How much?12The 2%(Garner and Maxwell 2005)controversyThe use of force is guided by standards set by accrediting bodies, such as The Commission on Accreditation for Law Enforcement Agencies (CALEA)Some departments will have different standards or protocols, as required by the communities in which they operate (local culture), or differing statutes between states.ThenPolice used rubber bullets, tear gas, and water cannons on protesters in the riots of the 60s.Because police departments were not equipped to handle large riots, the military was often deployedKent State saw students being fired upon by National Guard troops

NowDepartments are placing SWAT units on patrolStudents protesting high tuition are being pepper sprayed from a dispenser that looks like a fire extinguisher, a high volume device.More and more departments are opting for a more military appearance to their officers

Where do we draw the line?There is a distinction between excessive force, and unlawful force or abuse.We must keep in mind that in many cases, officers are forced to make split-second decisionsThey are then judged in hindsight, and with much more evidence than they may have had on hand.

What is excessive?More force than necessary

Not necessarily criminal

Possible heat of moment action

Often judged via hindsight(Gaines 2011)Amadou DialloGuinean immigrant killed by NYPD SCU on 4 Feb 1999Police were searching for an armed rape suspect, whose description Diallo matchedPolice loudly identified themselves, and saw Diallo running up the steps into his buildingThey observed him pull a small object from his jacket, believed it to be a weaponDiallo was backlit by a small bulb, the only light in the stairwayPolice opened fire, firing 41 rounds in total(Borgida and Fiske 2007)Unlawful/extralegal forceForce used in a criminal mannerNot necessary to effect arrestCan also include unlawful arrestFew recent incidents, on the declineProven cases of violence extreme

(Cole 2011; Gaines 2011)Abner louimaPolice responded to a service call related to a fight at a nightclubOne officer, Justin Volpe, claimed to have been assaulted by LouimaLouima was arrested for disorderly conduct, obstruction, and resisting arrestDuring the ride to the station, the officers in the car stopped multiple times to pull Louima from the vehicle and beat himAt the station, Louima was strip-searched and placed in a cell, and attacked againVolpe then brought Louima into a nearby bathroom and sexually assaulted him with a plungerVolpe was later convicted on several counts, including civil rights violations and assault

(Hinojosa 1997)Tennessee v GarnerPolice responded to a burglary call at nightOfficer saw Garner, the suspect, fleeing the sceneTN law at the time permitted the use of deadly force to stop a fleeing felonGarner was shot and killed.15 years old at the time, was found in possession of a ring and $10 in cash.Struck down Tennessees statute allowing officers to use lethal force against fleeing suspect. Put in place requirement that in order to use lethal force the suspect has to present a threat

(Tennessee v Garner 1985)Graham v. ConnorGraham was a diabetic who stopped a store for some juice, left empty-handedOfficer followed Graham, believing he was planning a robberyOfficer saw Graham exit the vehicle and pass out.Attempted to explain his condition to the officer, was handcuffed and thrown into police carSuffered injuries, including a broken foot.Reasonableness standard regarding use of force(Graham v Connor 1989)Effect of Cases on Police OperationsPolice have had to better develop communication skillsPolice have to develop better judgment skillsMore departments are wanting college graduates for police officers(Sussman 2012; Pittman 2012)