| Use of Force (2107) |
Lesson 1 and 2 - Laws and the Understanding of the Use of Force |
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Learning Objectives for Lesson One 1.0 The student will obtain a thorough understanding and knowledge of the statutory laws related to the use of force.Learning Objectives for Lesson Two: 2.1 The student will be able to identify definitions relating to the use of force. 2.2 The student will be able to identify psychological aspects of the use of force. 2.3 The student will be able to identify factors to consider when determining the need to use force when effecting an arrest. 2.4 The student will be able to identify important aspects of training as they relate to use of force. 2.5 The student will be able to identify the seven most common types of incidents in which peace officers will be shot by civilians. 2.6 The student will be able to identify the seven most common types of incidents in which peace officers are most likely to shoot a civilian. 2.7 The student will be able to identify the most frequent types of resistance encountered by law enforcement officers. 2.8 The student will be able to identify factors that affect an agency's justifiable homicide rate (JHR). 2.9 The student will be able to identify moral considerations or forces affecting an officer's decision to use deadly force. 2.10 The student will be able to identify the reasons for various administrative mechanisms developed to reduce avoidable shootings. In order to understand the statutory authority for the use of force, you must refer to Section 17 of the Basic Peace Officer Course and the sections cited below in the Texas Penal Code and Texas Code of Criminal Procedure.
Before you continue in this course, be sure you review the above listed sections and articles. Force (as a noun), as defined in Webster's, is strength or energy to bear - cause of motion or change - active power; moral or mental strength, capacity to persuade or convince. Violence, compulsion, or constraint exerted upon person or thing. The quality of conveying impressions intensely in writing or speech. Force (as a verb), as defined in Webster's, is to do violence to . . . to compel by physical, moral, or intellectual means. To make or cause through natural or logical necessity. To achieve or win by strength in struggle or violence. Synonyms - compel, coerce, constrain, oblige. Deadly force is that which is intended or known by the actor to cause, or in the manner of its use or intended use is capable to causing death or serious bodily injury. Reasonable or necessary force: The minimum amount of lawful aggression sufficient to achieve a legitimate law enforcement objective. LAW ENFORCEMENT ROLE IN ARREST In physical arrest, the police role is essentially defensive. A definition of defensive is "a serving to protect," "devoted to resisting or preventing aggression or attack."It is not aggression when an officer takes the initiative to confront a law violator. The officer's act is not one of hostility, it is one designed to defend and protect the community from criminality. Most of an officer's problems grow out of the use of necessary force employed against a combative but unarmed law violator. An officer needs a range of decision-making tools that permits use of exactly that degree of control which constitutes necessary force. Concept of Control Control is that degree of influence the officer must exert over the violator to take him or her safely into custody. Control is a "two-way street." An officer must be in complete self-control to be able to control a violator. Self-control alone will be one of the greatest assets in dealing with a law violator. Self-control results from the development of confidence in one's skills. Self-control is achieved through training and practice both on the job and off. The objective of using control is to elicit cooperation from the violator. Some "tools" for the officer to maintain a psychological and physical edge:
Compensating behavior may take one of the following forms:
An officer must learn to control personal emotions. USE OF FORCE In every arrest situation the officer must be firm and be prepared to protect himself and others. Force must be controlled and used wisely with a purpose. Only the minimum amount of force necessary to effect the arrest should be used. An officer should consider the following factors when assessing the need to use force:
MENTAL PREPARATION An officer must prepare mentally for the use of weapons or having weapons used against him. An officer must be prepared, based on training and experience, to react instantly to violent acts by persons who may have little regard for the value of life. TRAINING Through training and knowledge of the laws pertaining to use of force, the officer attains:
Civil liability. The following study is of Chicago Police Department shooting:OFFICERS' INITIAL PERCEPTIONS OF INCIDENTS IN WHICH CIVILIANS SHOT POLICE IN CHICAGO, 1974- 1978. Incident Incidents in which civilians shot police
* - not ascertained = 1 Study of Chicago Police Department Shootings, which is consistent with other research, found the following: OFFICERS' INITIAL PERCEPTION OF TYPE OF INCIDENTS IN WHICH POLICE SHOT CIVILIANS IN CHICAGO, 1974 - 1978 Incident Incidents in which civilians shot police
a - not ascertained = 2 incidents b - does not total 100% due to rounding One-fourth of these shootings occurred off-duty. A task analysis study conducted in Ohio classified the following types of resistance encountered by officers in those cases in which they were resisted. Multiple types of resistance occurred in many cases.
JUSTIFIABLE HOMICIDE RATE (JHR) The JHR is the rate of justifiable homicides per number of police officers. The JHR by police is related to the level of crime and violence in the community.Blacks are disproportionately represented as victims of justifiable homicide by the police when only total population is considered, but directly proportional when the total involvement in crime is considered. Departments with sufficient numbers of street supervisors providing tactical guidance and manpower support have a lower incidence of use of deadly force. Comprehensive administrative deadly force review policy and procedural controls seem to be related to a lower JHR. Agencies which require a .38 caliber weapon and ammunition experience a lower JHR than agencies which permit officers to carry larger weapons. State laws have less impact on the use of deadly force than do departmental guidelines. The majority of existing firearm training systems are deficient in:
When an agency chooses to have a stakeout unit without a management policy directive, its JHR is significantly greater than those agencies with a policy directive. Although the presence of a decoy unit has no statistically significant bearing on the JHR, the existence of a decoy unit with a policy directive seems to be associated with a reduction in JHR. The presence of a SWAT unit tends to decrease the shooting incidents and JHR. In-service crisis intervention training as opposed to pre-service training was associated with a low JHR. Agencies with simulator, stress, and physical exertion firearms training experience a higher JHR than agencies without such training. Marksmanship awards given to officers for proficiency in firearms training are associated with high JHR. In-service training in the principles of "officer survival" is correlated with a high JHR. Agencies that issue shotguns to their officers experience a higher JHR than agencies that do not issue such ancillary weapons. Firearms use incidents tend to decrease with the presence of a hostage negotiation unit. CONSIDERATIONS OR FORCES AFFECTING AN OFFICER'S DECISION TO USE DEADLY FORCE. Any shooting is influenced by the law; both statutory and case law.Administrative or departmental policy should be at least as restrictive as the law. In many cases, it will be more strict than legal restrictions. Informal organizational norms, which reflect law enforcements' informal culture, may or may not be more strict than legal or agency restrictions. Individual choice or conscience reflects the inner controls of the officer. The forces can be depicted by a model of concentric circles. VARIOUS ADMINISTRATIVE MECHANISMS DEVELOPED TO REDUCE AVOIDABLE SHOOTINGS Avoidable shootings are those which, while justifiable and lawful, could have been avoided by some reasonable effort on the part of the officer without additional danger to that officer and others.Written guidelines are based upon assumptions that: Avoidable shootings occur when officers lack specific guidelines defining when they may be permitted to use deadly force. Officers have difficulty implementing ambiguous abstract legal statutes and policy statements. If guidelines are made most specific, then inappropriate shootings will be reduced. Training requirements are based upon assumptions that: Avoidable shootings occur because untrained officers make errors in tactical, perceptual, or legal judgment. Officers can be trained to implement deadly force policies by making finer discriminations in situations and using tactics that make use of deadly force less likely. If officers are given realistic training, the probability of panic, tactical mistakes, etc., will be reduced. Intensive shooting review requirements are based upon assumptions that: Avoidable shootings occur because officers fail to use caution or act emotionally due to failure of the department to review and sanction avoidable shootings in the past. Officers are deterred by fear of consequences of investigation of shooting abuses. If level of sanction is increased, avoidable shootings due to lack of care, experience, and emotion will be reduced. Reduction of avoidable shootings positively affects the department's image within the community and the image the community has of officer's professionalism, and reflects the moral values of the administration. |
 © 2006 Shannon White |