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Justice Administration Police, Courts, and Corrections Management

Ninth Edition

Chapter 6

Police Issues and Practices

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Police Shootings: Conundrum and Controversy-America’s Angst

End of 2015 over 1,000 people had been killed by law enforcement in the U.S.

Incidents that involve minority group members heighten the tension and lead to charges of racism.

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Wanted: A National Use-of-Force Database

Concern exists regarding the transparency regarding police shootings.

2015 President’s Task Force on Policing recommended comprehensive, clear, and concise policies on use of force.

FBI announced by early 2017 it would launch a pilot program to collect data on police shootings.

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Cry Heard Round the Country

Two ramifications from the police shootings:

Examination of police methods

Greater police transparency

Body-worn cameras

Legal issues

Storage and related costs

Personnel considerations

Policies and procedures concerning the equipment

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De-escalating Crisis: No “Line in the Sand”

De-escalation training for officers

May be under utilized

May be beneficial when dealing with the mentally ill.

Proportionality-is that particular use of force particular to the totality of the circumstances.

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Managing the Use of Force Power to Be Used Judiciously

Use of force is the amount of effort required by police or other criminal justice functionary to compel compliance by an unwilling subject.

Police are the only element (besides military) who are allowed to use force against its citizens.

Quid pro quo that it is used judiciously, only when necessary, and as a last resort.

Determining what is “objectively reasonable” is not easy.

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A Typology of Abuse of Authority

Carter provided a typology of abuse of authority, which includes:

Physical abuse/excessive force

Verbal/psychological abuse

Legal abuse/violations of civil rights

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Use-of-Force Continuums

Continuums can be depicted as a simple staircase or ladder to a more elaborate wheel or matrix.

A simple linear use-of-force continuum might contain the following five escalating steps:

Officer presence/verbal direction

Touch control

Empty-hand tactics and chemical agents

Hand-held impact weapons

Lethal force

Today many police executives and researchers are uncomfortable with this depiction of the force continuum.

A new approach, DRRM, combines a use-of-force continuum with the behaviors of suspects.

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FIGURE 6-1 Dynamic Resistance Response Model

Source: From Charles Joyner and Chad Basile, “The Dynamic Resistance Response Model,” FBI Law Enforcement Bulletin, September 2007, p. 19.

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9

Does a Particular “Type” of Officer Use More Force?

Findings by Brandl and Stroshine:

High-rate of arresting by an officer are significantly more likely to be involved in force incidents.

A few officers account for a large proportion of all force incidents.

Officers working evening and night shifts are more likely to be involved in force incidents.

Male officer are more likely to be involved in force incidents.

No significant differences among officers in the type of force used.

White officers are more likely than minority officers to be involved in force incidents.

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Use of Force on Persons with Mental Disorders

Studies show that it is primarily when people are under the influence of drugs—rather than mental illness or alcohol—that police must use force.

Officers need to be trained in communicating and verbally deescalating incidents with people who are mentally disordered.

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Vehicular Pursuits (1 of 2)

Police attempts to apprehend someone in a fleeing vehicle who has indicated he or she does not intend to stop or yield.

Several hundred people are killed each year during police pursuits.

Chief executives must insure that proper policies and procedures exist.

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Vehicular Pursuits (2 of 2)

Factors to be considered by the courts in evaluating pursuit liability include the following:

The reason for the pursuit

Driving conditions

The use of police warning devices

Excessive speed

Officers demonstrating due regard for others

The use of deadly force

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Early Intervention System: Identifying Problem Employees

Early Intervention System (EIS) is a computer database police management tool designed to identify officers whose behavior is problematic.

Focus to help employee by providing intervention in a voluntary and non-disciplinary format.

Increases agency accountability.

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Civilian Review Boards: Blessing or Curse?

Civilian Review Boards (CRB)

Correspond with community policing

Supposed provide independent and transparent oversight of policing.

Over 200 CRB

Debate that CRB’s are beneficial or not.

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Fostering Constitutional Policing: Use of the Consent Decree

1994 Violent Crime Control and Law Enforcement Act which gives the U.S. DOJ Civil Rights Division authority to investigate state and local law enforcement agencies that it believes have unconstitutional policies or practices of conduct.

DOJ is allowed to sue.

Consent decrees have been critical in compelling change

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New Approaches to "Active Shooters"

Active shooter:

An individual who is actively engaged in killing or attempting to kill people in a confined and populated area

New protocol calls for police to react swiftly.

Responding officers are being trained to rush toward gunfire and, if necessary, even step over victims in order to stop the active shooter before more lives are lost.

Enter the scene in formation and confront the shooters ASAP.

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Officer Wellness and Safety An “Uneasy” Time

Police administrators must be concerned with the health and well-being of their employees.

Changes in the agency's culture might be required.

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Occupational Hazards: The Issues

Officers feloniously killed has declined from the 1970s.

But it is still greater that the working population.

There has been a shocking increase in felonious assaults on officers.

Officers are also at risk for early death due to heart attacks and other health related problems

Higher rate of PTSD

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A Wellness and Safety Plan

Police leaders must provide safety and wellness practices.

Proactive or Reactive

Steps include:

Identify and analyze issues

Establish goals and objectives

Develop strategies

Consider key messages, branding, and design

Identify a budget and resources

Establish evaluations and measurements

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Need for Training, Policy, Technology

Ongoing training is important.

Balancing of risks

Tactical training is also important

Classroom, range driving, and weapons

Discuss policy changes at roll call because policies are not always read

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Selected Case Studies

Fort Worth Alcohol Awareness

Columbus Police Work to Prevent Injury

Sacramento Police Focus on Health and Wellness

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Copyright

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