Evaluating Police Uses of Force. Seth W. Stoughton

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href="#litres_trial_promo">Applying Tactical Concepts

       Conclusion

      6. Force Options: Tools, Techniques, and Weaponry

       Tools

       Techniques

       Weaponry

       Police Canines

       Police Vehicles

       Conclusion

      Conclusion

       Taking the “Totality of the Circumstances” Seriously

       From Resistance to Threat

       The Need for Better Information

       Summing Up

      Acknowledgments

      Appendix of State Laws

      Notes

      Index

      About the Authors

      List of Figures and Tables

      Figure 1.1. Simplified Spectrum of Reasonableness

      Figure 1.2. Analytical Spectrum of Reasonableness

      Figure 2.1. Lethal Police Shootings per 100,000 People (2015–2018)

      Table 3.1. Administrative Regulatory Considerations

      Figure 3.1. Conceptual Force Matrix

      Figure 3.2. Early Los Angeles Police Department Force Continuum

      Figure 3.3. Federal Law Enforcement Training Center (FLETC) Use-of-Force Model

      Figure 3.4. (Former) Florida Force Matrix

      Figure 3.5. Protective Safety Systems Transactional Use-of-Force Paradigm

      Figure 3.6. Queensland Police Service, Situational Use-of-Force Model (2016)

      Figure 3.7. Royal Canadian Mounted Police Incident Management Intervention Model

      Foreword

      With controversial police shootings capturing the attention of the nation, it has never been more important to understand when and how a police officer may use force. As a senior police executive, however, I experienced firsthand the difficulty of explaining the law and different policies regarding when an officer may use physical force against a suspect.

      There are 18,000 different police agencies in the United States, each following different administrative policies, operating within different judicial districts, and serving different communities with varying expectations. This has resulted in a patchwork of legal interpretations, policies, and community standards that often conflict and can cause significant confusion among police professionals and the public.

      Law enforcement experts Seth Stoughton, Geoffrey Alpert, and Jeff Noble provide a comprehensive explanation of the many factors that surround a police officer’s decision to use physical force and provide useful guidance on how to navigate the complexities of the law and policy in police uses of force. In these pages, they use their diverse experiences as leading police researchers, accomplished authors, and former police officers to simplify the complex concepts into understandable and useful explanations of when and how an officer may use force to apprehend a suspect, to defend themselves, or to defend others.

      I have had many spirited debates with these learned gentlemen and greatly value their important insights about the gaps and contradictions in the law. Unlike most books on uses of force, they go beyond the typical constitutional analysis and discuss the impact of dozens of state laws and thousands of administrative policies that influence the subject. Most importantly, they address how community expectations often differ, and even conflict, with what the law allows and policies define as permissible.

      Deciding whether to use physical force is among the most serious and consequential decisions a police officer can make. The decisions are often made during intense and uncertain circumstances. They are also captured on video for the world to see and pass judgment on, often with little or no understanding of the law governing these interactions or the policies that guide officers’ decisions. This important book, long overdue, will help police executives, legal professionals, researchers, and the public understand, assess, and have the ability to explain when and how a police officer may use force to protect the communities they serve.

      Introduction

      What does a police officer in the United States look like? There is no way for us to foresee, as we write this months or years before you read it, the details of the officer you’re imagining right now. They may be tall or short, male or female, white or black, uniformed or in plainclothes; there are an infinite number of variations. Yet we can confidently predict that the officer you’re picturing is armed.1 At a minimum, they have a handgun, but they may be wearing a duty belt or tactical vest outfitted with pepper spray, a baton, or a TASER; they may be carrying a shotgun, a rifle, or a transparent shield and a riot baton. You may even have pictured an officer using force, mentally replaying one of the many videos of police shootings or other uses of force that have been prominently featured in the news.

      The fact—and we are confident enough in our predictions to call it a fact—that you pictured an armed officer demonstrates what academics and officers themselves have long recognized: the use of physical force is inherent in and inseparable from modern policing.2 How could it be otherwise? Society invests officers with the legal authority to invade privacy and to restrict freedom, to deprive people of their basic liberties. Predictably, people do not always respond well to being deprived

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