Quiz What is the use of force continuum?

Final Exam When: Tuesday, 5/15 from 8am – 11am Where: here Format: Essay (pick 2 from list of questions) You can bring your notes and journal entries with you to answer the essay questions

Critical Incident Reporting Accountability necessitates that police have a written policy on a particular issues, a reporting requirement when police engage in particular actions, and that those reports be reviewed by supervisors. Interestingly, until relatively recently PDs did not do this for a number of important issues: high speed chases, firearms discharges, etc. The best example is use of force (UOF).

Police UOF: History 1960s race riots and racial disparities in police shootings Fyfe’s 1972 study of NYPD’s firearm policy Tennessee v Gardner (1985) – Replaced fleeing suspect standard with defense of life standard

T.O.P. 273 (NYPD 1972) 1. Only the minimum amount of force will be used which is consistent with the accomplishment of a mission. Every other reasonable means will be utilized for arrest, preventing, or terminating a felony or for the defense of oneself or another before a police officer resorts to the use of his firearm 2. A firearm shall not be discharged under circumstances where lives of innocent persons may be endangered 3. The firing of a warning shot is prohibited 4. The discharging of a firearm to summon assistance is prohibited, except where the officer’s safety is endangered 5. Discharging a firearm at or from a moving vehicle is prohibited

Prevailing UOF Standard An officer may use the minimum amount of force necessary for achieving a lawful purpose. A lawful purpose: Example from KC 1-Effect an arrest 2-Protect oneself or others from harm 3-Restain/subdue an individual 4-Bring an unlawful situation under control

Critical Incident Reporting Currently, reporting on critical incidents has broadened to a number of police actions: (1) Have become increasingly broadened and detailed (2) Attention has been given to how these incidents are reviewed (3) Review has also been broadened from the question of whether or not an officer violated the law or policy. (4) Reports have become part of analysis of broader behavior patterns (feed into EI system)

Administrative Rulemaking Model 1-Confining discretion: it cannot be eliminated, so we need to be specific about what officers can do and when (e.g. Defense of Life standard) 2-Structuring discretion: guide discretion with goals, policies, and general principles 3-Checking discretion: review by supervisors 4-Collateral contributions: (a) rules as value statements (b) rules as training tools

Controlling Police UOF What is force? (1) Confining force: Each agency should have a UOF policy, but important questions need to be addressed Defining force broadly conflicts with efficiency Consistency also an issue; force may be addressed in multiple policies, but may be different from one another.

Structuring Police UOF Physical Presence Verbal Response Physical control techniques Physical force Non-lethal weapon Lethal force Officer Response Compliance Non-Compliance Passive resistance Active resistance Aggressive resistance Threat to life Citizen Response

Controlling Police UOF Reporting Standard is to require reporting/review of any UOF incident Review: a number of issues Centralization vs decentralization Ensuring unbiased investigations: roll outs, police subculture, officers’ rights Investigative framework: broadened to not only include criminality determination Consistency in discipline: discipline matrix