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1//Use of Force Cases

Please brief
your assigned case
:

(a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)

(b) Issues (what is in dispute)

(d) Rationale (reasons for the holding)

1. Graham v. Connor — This is the essential use of force rubric in the country.

https://www.correctionsone.com/law-and-legislation/articles/238338187-Tier-Talk-Podcast-Breaking-down-use-of-force/

http://local12.com/news/local/thursday-at-6-a-life-or-death-play

2//Media Response: Use of Force Training for Civilians

Do you think exposing civilians to use of force scenarios and training helps society understand the decision making process officers engage in? Why or why not? Should critics of police use of force be made to participate in this type of training prior to analyzing police action?

Here are 15 use-of-force cases that every department and elected official must know, understand, use, and preach. The following are just the names and a quick one-line explanation. Do your homework with a thorough examination of each.

Click

https://www.policeone.com/use-of-force/articles/154676006-15-use-of-force-cases-every-cop-needs-to-know//

link to open resource.

https://www.youtube.com/watch?v=n1gk2uDM3P4&feature=youtu.be

Ethical Dilemmas and Decisions in Criminal Justice

Joycelyn M. Pollock

9th EDITION

Chapter 6
Police Discretion and Dilemmas

Chapter Objectives
Provide any evidence that exists that law enforcement officers perform their role in a discriminatory manner.
Present information concerning the prevalence of and factors associated with the use of force by police officers.
Enumerate predictors associated with the use of excessive force.
Present the ethical issues involved in proactive investigations.
Present the ethical issues involved in reactive investigations.

Discrimination
Occurs when a discretionary decision-maker treats a group or individual differently from others for no justifiable reason:
• Sexual orientation
• Race
• National origin
• Poor
• Other?

Forms of Discrimination
• Enforcing the law differentially
• Withholding the protection of the law

Greater disrespect
Greater use of force
Racial profiling
Greater use of pretext stops

manifested as:

Forms of Discrimination
Discrimination as Corruption
Racial discrimination in form of police discrimination against minorities
Discrimination that police may exercise in enforcement of law- (racial profiling)
Either as individuals or as result of department policy
Just like citizens, officers may have insensitivity towards cultural and language diversity
Alone does not amount to discrimination
May well affect police attitudes towards certain groups

A Racial Divide
Complaints correlated positively to the percentage of minorities in the population
Analysis? Discuss…
Some reports indicate lower-class African Americans and Hispanics have higher negative interactions with police.
Analysis? Discuss…
Residents (both black and white) are initially disrespectful to police 3x more than police are initially disrespectful to residents.
Analysis? Discuss…

Racial Profiling
Occurs when an officer uses racial characteristics during enforcement activities
Minorities are highly targeted based on the assumption that they are more likely to commit criminal acts.
Analysis? Discuss…

Racial Profiling

60%- White (5,812,591)
40%- Non-White (3,875,062)
478 total murders (W287/NW191)
186 total arson (W112/NW74)
9854 total aggravated assault (W5912/NW3942)

Racial Profiling
Total Population State Wide 9,687,653
60%- White (5,812,591)
40%- Non-White (3,875,062)
Does population dispersion matter?

Racial Profiling
“Walking While Black”

http://lawofficer.com/laws/walking-while-black/
“Driving While Black”

Argument that police traffic stops are predicated on race of driver
Numerous Supreme Court cases have addressed this issue
Investigatory Stops okay as long as race is not the ONLY factor- Whren v United States
Totality of the Circumstances to establish reasonable suspicion (not PC)- United States v Arvizu
Legitimized the use of race as a criterion in profiles- US v Martinez-Fuerte

Racial Profiling
“Stop and Frisk”
Terry v. Ohio (1968): if and when police observe unusual conduct by a person whom they believe to be dangerous and engage in criminal activity, an officer may “for the protection of himself and others in the area” conduct a limited search “to discover weapons that might be used against the officer”.
Pat-down Searches okay as long as they are used to guard against perceived risk-Knowles v Iowa
Reasonable suspicion (articulable)
NYPDs Stop and Frisk

FOX News debate

Stop-and-frisk policing in Pima County?
http://www.kvoa.com/story/33264613/stop-and-frisk-policing-in-pima-county

Racial Profiling

Police Use of Force
Dominant and contentious issue (RIGHT!)
Police are only authority empowered to use physical force (WRONG!)
Is to be used only as last resort (WRONG!)
General acceptance that police should be allowed to use force when necessary (WRONG!)
No consensus of how much force is unnecessary or excessive (WRONG!)
Incidents are rare occurrences (RIGHT!)

Police Use of Force
1999-44 million persons reported face-to-face contact with officers
1% reported use of force OR threats of use of force
2002—26000 complaints (police agencies over 100 members)
2080 discipline (8%)

Police Use of Force
Does the Truth Matter?

Police Brutality

Breaking down The Washington Post’s data on suspects killed by LE

https://www.policeone.com/Officer-Safety/articles/206224006-Breaking-down-The-Washington-Posts-data-on-suspects-killed-by-LE/
http://lawofficer.com/special-topics/make-up-your-mind/

Police Shootings of Blacks
Black men are disproportionately the victims of police shootings.
Blacks are disproportionately involved in violent crime.
Blacks are disproportionately more likely to assault police officers.
Police officers may perceive blacks as a greater threat.

Factors in the Use of Force
Excessive force occurs in less than 1% of interactions with public
Use of force occurs in 1.3 to 2.5% of all encounters
Friedrich’s 1980 study:
Characteristics of the target
Situational characteristics
Number of bystanders
Making an arrest vs. Making a contact
Characteristics of the officers
Age of Officer
Years of Experience
Level of education

Factors in the Use of Force
FBI provides guidance with four categories of threat to which it may be appropriate
A suspect is in possession of weapon or is attempting to gain access to a weapon
A suspect is armed and running to gain the advantage of cover
A suspect who is capable of inflicting death or serious injury, with or without a weapon demonstrates an intention to do so
A suspect is trying to escape a violent confrontation in which he or she has inflicted or attempted to inflict death or serious injury

Factors in the Use of Force
Studies have found suspects brandishing weapons more likely to be subjected to force
Others report mixed results
Dynamic nature of interactions well accepted
Citizen accounts stress over-zealous actions by police
Public ignorance extends to assuming a non-menacing suspect where weapons are not similar to police
Another issue of confusion for public is number of shots fired by police when using deadly force

Factors in Use of Force
Implicit Bias
Implicit associations about race become transplanted into bias because of negative stereotypes
Can shape reaction to an event
Theoretical approaches to causes of police use of excessive force
Psychological theories
Sociological theories
Organizational theories

Use of Force Continuum
Show ascending scale of action that can apply:
Presence
Persuasive verbalization
Command verbalization
Firm grips
Pain compliance
Impact techniques
Deadly force

Use of Force Continuum
Presence
The mere presence of a law enforcement officer works to deter crime or diffuse a situation.
Officers’ attitudes are professional and nonthreatening.

Use of Force Continuum
Persuasive Verbalization
Officers issue calm, nonthreatening requests, such as “Can I see your identification and registration.”
Officers modulate their volume and avoid commands in an attempt to gain compliance.
ASK

Use of Force Continuum
Command Verbalization
Officers issue calm, nonthreatening commands, such as “Let me see your identification and registration.”
Officers may increase their volume and shorten commands in an attempt to gain compliance. Short commands might include “Stop,” or “Don’t move.“
TELL

Use of Force Continuum
Firm Grips
Officers use bodily force to gain control of a situation.
Soft technique. Officers use grabs, holds and joint locks to restrain an individual.
MAKE

Use of Force Continuum
Pain Compliance
Officers use less-lethal technologies to gain control of a situation.
Blunt impact. Officers may use a baton or projectile to immobilize a combative person.
Chemical. Officers may use chemical sprays or projectiles embedded with chemicals to restrain an individual (e.g., pepper spray).
Conducted Energy Devices (CEDs). Officers may use CEDs to immobilize an individual. CEDs discharge a high-voltage, low-amperage jolt of electricity at a distance.

Use of Tasers (CEDs)
The TASER is one type of CED (conducted energy device)
Proponents argue that Tasers:
Result in fewer injuries to officers and combatants
Reduce the need for lethal force
Are safe in the vast majority of cases
A police officer could be held liable when a CED is used on a person who poses no immediate threat.
Departmental policies determines acceptable Taser use.

Use of Tasers (CEDs)
Many agencies place on same level of force continuum as pepper spray
Bryan v. McPherson (2009)
Ninth Circuit Court held that they are an “intermediate, significant level of force that must be justified by a strong government interest that compels the employment of such force”

Use of Tasers
Officers should assess level of risk before employing any device
Agencies that authorize use when officer faced with only passive resistance may be criticized
Analysis of use and improper use of tasers have been examined by researchers

Use of Tasers
Why didn’t you just tase him?
https://youtu.be/iAepwwM9knw
Drunk Driver Use of Taser

Taser Use

Ineffective Taser
https://www.youtube.com/watch?v=avAH49NY_iY (2:10)
https://www.youtube.com/watch?v=fNXdzPTkviM
https://www.youtube.com/watch?v=wyBtWxerRnk (1:00)
https://www.youtube.com/watch?v=hpbbANEYQXE

Use of Pepper Spray
Pepper spray is intended to debilitate the target, to minimize both the opportunity and means of resisting arrest with the lowest risk of serious injuries.
OC spray contains capsaicinoids, the ingredient within the pepper plant that causes a burning sensation and inflammation of the mucus membranes.
Pepper spray disperses
Officers should be aware of the possibility of contaminating bystanders

https://youtu.be/I35jTgeljd0

Use of Force Continuum
Impact Techniques
Officers use bodily force to gain control of a situation.
Hard technique. Officers use punches and kicks to restrain an individual.
https://youtu.be/KAncIBpQCZE

Use of Force Continuum
Deadly Force
Officers use lethal weapons to gain control of a situation.
Should only be used if a suspect poses a serious threat to the officer or another individual.
Officers use deadly weapons such as firearms to stop an individual’s actions.

Use of Force Continuum
Think Like a Cop: When is it okay to use deadly force?

Use of Force Continuum
Training in use of force scenarios

Activist critical of police undergoes use of force scenarios

https://www.policeone.com/community-policing/articles/256539006-Video-NFL-player-who-protested-police-undergoes-UOF-simulation-training/

Use of Force Continuum
Policing Matters Podcast: Should simply drawing your sidearm be considered a use of force?
https://www.policeone.com/legal/articles/385598006-Policing-Matters-Podcast-Should-simply-drawing-your-sidearm-be-considered-a-use-of-force/
Union: LAPD commission wants cops to run from shootings
https://www.policeone.com/officer-shootings/articles/224782006-Union-LAPD-commission-wants-cops-to-run-from-shootings/
VIDEO: Resists Arrest, Cop Runs Off
https://bluelivesmatter.blue/san-joaquin-sheriffs-office-video-run-away/
https://bluelivesmatter.blue/video-monroe-city-police-arrest/
Fla. chief: Officers should use as little force as possible
https://www.policeone.com/use-of-force/articles/175715006-Fla-chief-Officers-should-use-as-little-force-as-possible//

Responses to Uses of Force
In most use of forces incidents, officers are not indicted or charged.
Officers may not be criminally charged, but might still face discipline for violating policy.
The perception that police shootings are increasing recently is not necessarily true.

Responses to Use of Force
Police Perspectives on Use of Force
Surveys found police more likely to use excessive force if they believe:
“real” police work is action-oriented
When patrolling there are too many restrictions that constrain their battle with crime
Officers believe only fellow officers should be allowed to pass judgment on use of force situations

Responses to Use of Force
Police Perspectives on Use of Force
Research by Paoline and Terrill (2011):
43% of officers reported following rules about force not always congruent with getting job done
Officers generally agreed verbal control was starting point of continuum
Majority of officers believed no necessity to use high levels of force
Use of force in given situation nearly always ambiguous
Boundary between excess and adequate becomes difficult to establish

Responses to Use of Force
Kleinig (1996: 99–102)
Factors relevant to assessing use of force in ethical terms:
Intentions
Seemliness
Proportionality
Minimization
Practicability

Studying Use of Force
Study Shows that Social Media can Produce Use of Force Experts in Policing
https://thesaltysarge.com/use-of-force-experts/
RESEARCH INDICATES DE-ESCALATION POLICIES PLACE OFFICERS AT MORE RISK
http://lawofficer.com/news/research-indicates-de-escalation-policies-place-officers-at-more-risk/
Quiz: Are these guns real or fake?
https://www.policeone.com/the-tacticalist/articles/222712006-Quiz-Are-these-guns-real-or-fake/
BILL IN CONGRESS WOULD CREATE USE OF FORCE STANDARD FOR POLICE
http://lawofficer.com/training/bill-in-congress-would-create-use-of-force-standard-for-police/
APPLYING AND UNDERSTANDING GRAHAM AS A PATROL OFFICER
http://lawofficer.com/laws/applying-and-understanding-graham-as-a-patrol-officer/

Use of Force Scenarios
Pursuit on Live PD Ends in Intense Fight With Man Holding Baby While Fighting Police
https://bluelivesmatter.blue/video-live-pd-bryan-martin-baby/
Drunk Woman In Road Challenges Cop To A Fight; Learns That Batons Aren’t Just For Show
https://bluelivesmatter.blue/video-long-beach-police-fight-woman/
Chicago officer indicted on civil rights charges
https://www.policeone.com/police-products/body-cameras/articles/222774006-Chicago-officer-indicted-on-civil-rights-charges/
Body cam shows knife-wielding man on I-75
http://www.tucsonnewsnow.com/story/31645791/watch-live-prosecutors-holds-press-conference-on-i-75-police-involved-shooting
Outrage Over ‘Brutality’ As Cop Beats On Suspect… Who’s On Top Of A Cop He Was Strangling
https://bluelivesmatter.blue/video-alfred-burns-beat-nypd-cop/

Use of Force Scenarios
Graphic Video Shows Suspect Pull Object Off Of Officer’s Belt, Gets Shot Down
https://bluelivesmatter.blue/huntington-beach-shooting-video/
Cop kills suspected shoplifter: Outrage as scissors-having Navajo woman shot by officer – TomoNews
https://youtu.be/no2jdY_kgFg
Officer Involved Shooting Shows the Speed of Decisions in Use of Force | Active Self Protection

Officer Reprimanded after Controversial Use of Force Incident
https://youtu.be/IEkYgUHmtWM
Santa Ana Police question if use of force was excessive

Use of Force Scenarios
Raw footage, man wielding knife

Jujitsu to control larger subject

Excessive Force Dash Cam

Traffic Stop Gone Bad or Police Brutality
https://www.youtube.com/watch?v=1xQODTUJ9fw

Good Shoot or Bad Shoot
https://www.youtube.com/watch?v=grxI27zHSc4
https://www.youtube.com/watch?v=6jsm0WSuYoM

Police Use of Force
Police Brutality and Use of Force Documentary

Black Lives Matter
Do police have an ethical responsibility to handle the black lives matter movement in a particular way?

JUDGE: BLACK LIVES MATTER CAN’T BE SUED
http://lawofficer.com/news/judge-black-lives-matter-cant-sued/
WHAT RESPONSIBILITY DO BLACK AMERICANS HAVE TO PREVENT POLICE SHOOTINGS?
http://lawofficer.com/special-topics/what-responsibility-do-black-americans-have-to-prevent-police-shootings/
READ THIS LETTER TO A STUDENT ABOUT BLACK LIVES MATTER
http://lawofficer.com/special-topics/read-this-letter-to-a-student-about-black-lives-matter/

Discretion and Criminal Investigations
Proactive Investigations
Attempts to document crime as it occurs
Requires a more active police role
Often involves deception by police
Requires “targeting” based on reasonable suspicion
Changes police role from discovering who has committed a crime to discovering who might commit a crime.

The Use of Informants (slide 1 of 2)
Individuals who are not police officers but assist police by providing information about criminal activity.
They are:
Motivated by monetary profit, revenge, dementia, kicks, a need for attention, repentance (guilt), and coercion.
Able to operate under fewer restrictions than police.

The Use of Informants (slide 2 of 2)
Becoming too intimate with informants
Overestimating the veracity of information provided
Potential for being duped by informant
Using informants to entrap people (“creating” crimes)
Engaging in unethical or illegal behaviors on behalf of the informant
Using coercion and intimidation to force informant’s cooperation
Protecting informants who continue to commit crime

The Use of Undercover Officers
• Undercover officers deceive suspects and others
• Difficult for officer and his or her family

Continuum of Privacy Concerns

Short Term
Non-intimate relations
(Buy/bust)
Long Term
Intimate relations
(“Donnie Brasco”)

Reactive Investigations
Attempts to reconstruct a crime after it occurs.
Consists of gathering evidence to identify and prosecute the offender.
Investigator(s) may develop early prejudice about likely perpetrator, which might cause them to:
be tempted to engage in noble-cause corruption to obtain a conviction;
ignore or conceal evidence that contradicts their beliefs;
overstate existing evidence; and/or
manufacture or alter evidence.

Interrogation
Cannot involve physical force
Techniques of deception:
Calling an interrogation an “interview”
Negating the effectiveness of the Miranda warnings
Misrepresenting the seriousness of the offense
Manipulative appeals to suspect’s conscience
Leniency promises beyond interrogator’s power
Interrogator misrepresenting his/her identity
Using fabricated evidence

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