Use of Force Continuum

Originally posted in Feb 2008.

We have talked about the more frequent use of tasers by police on citizens of all genders, races and ages. Tasers have been used on hearing-impaired and pregnant people in recent months. Many of us feel that the taser is used too quickly. It turns out that the police have a very specific process that they follow. It is called the 'use of force continuum'.

There may be local variations, however, a police test guru indicates that the force continuum is broken down into six broad levels. Each level is designed to be flexible as the need for force changes depending on the situation. The six levels are:

1. Level One * Officer Presence - The mere presence of a police officer in uniform or in a marked police unit is often enough to stop a crime in progress or prevent most situations from escalating. Without saying a word, the mere presence of a police officer can deter crime by the simple use of body language and gestures. At this level gestures should be non-threatening and professional. This "zero" level of force is always the best way to resolve any situation if possible.
2. Level Two * Verbal Commands - Used in combination with a visible presence, the use of the voice can usually achieve the desired results. Whether you instruct a person to, "Stop.", "Don't Move.", "Be quiet.", "Listen to me.", "Let me see your ID.", or, "You're under arrest."-- voice commands in conjunction with your mere presence will almost always resolve the situation. The content of the message is as important as the officer's demeanor. It’s always best to start out calm but firm and non-threatening. The choice of words and intensity can be increased as necessary, or used in short commands in more serious situations. The right combination of words in combination with officer presence can de-escalate a tense situation and prevent the need for a physical altercation. Training and experience improves the ability of a police officer to communicate effectively with everyone she comes in contact with.
3. Level Three * Empty Hand Control - Certain situations will arise where words alone will not reduce the aggression. This is the time police officers will need to get involved physically. This is a level of control employed by police officers minus the aid of equipment or weapons. There are two subcategories called, “soft empty hand techniques” and “hard empty hand techniques.” Soft Empty Hand Techniques: At this level minimal force would involve the use of bare hands to guide, hold, and restrain -- applying pressure points, and take down techniques that have a minimal chance of injury. Hard Empty Hand Techniques: At this level the use of force includes kicks, punches or other striking techniques such as the brachial stun or other strikes to key motor points that have a moderate chance of injury.
4. Level Four * Pepper Spray, Baton, Taser - When the suspect is violent or threatening, more extreme, but non-deadly measures must be used to bring the suspect under control, or affect an arrest. Before moving to this level of force, it is assumed that less physical measures have been tried and deemed inappropriate. Pepper spray results in considerable tearing of the eyes, as well as temporary paralysis of the larynx, which causes subjects to lose their breath. Contact with the face causes a strong burning sensation. Pepper spray, once thought an effective street tool for police officers has lost popularity over the years because of its ineffectiveness, especially on intoxicated persons. The typical baton is a round stick of various lengths, and is made of hardwood, aluminum or plastic composite materials. A blow with a baton can immobilize a combative person, allowing officers to affect an arrest. Common impact weapon used by police today include the PR-24 and collapsible baton. The Taser discharges a high voltage spark (50,000 volts) at very low amperage. The Taser fires two small darts, connected to wires, which drops a suspect at non-contact distance. These devices are easily carried. They are lightweight and affordable. Extensive training is not required, and they may be more effective on persons under the influence of PCP and other drugs who do not respond to chemical irritants. They can be especially useful for controlling non-criminal violent behavior, such as persons who are mentally impaired, or under the influence of mind-altering substances.
5. Level Five * Less Lethal - This is a newer, acceptable and effective level of force that numerous police agencies have added to their use of force continuum policy and procedure. Less-lethal weapons were developed to provide law enforcement, military and corrections personnel with an alternative to lethal force. They were designed to temporarily incapacitate, confuse, delay, or restrain an adversary in a variety of situations. They have been used in riots, prison disturbances, and hostage rescues. Less-lethal weapons are valuable when: Lethal force is not appropriate. Lethal force is justified and available for backup but lesser force may subdue the aggressor. Lethal force is justified but its use could cause collateral effects, such as injury to bystanders or life-threatening damage to property and environment.
6. Level Six * Deadly Force - If a police peace officer has probable cause to believe that a suspect poses a significant threat of death or serious physical injury to the officer or others then the use of deadly force is justified (see Tennessee v. Garner). By the very nature of the profession, peace officers may at times be confronted with a potentially lethal threat. In most of these instances, peace officers will have no other option but to discharge their firearm in order to protect their life or, the life of others.

The use of force is an integral part of a police officer's job, particularly when arresting criminal suspects. No one disputes that police should be permitted to protect themselves and others from threats to safety. What many of us think is wrong ... is that it doesn't appear that police officers are getting to Level Four and pulling out that taser gun much quicker than necessary. As a result, people are dying (Level Six) when it isn't warranted.

Anyhow, a number of AfroSpear bloggers have been talking about taking some type of action to combat the increasing frequency with which tasers are being used in the Black community. I thought it worthwhile to document the Use of Force Continuum that governs taser use by most police officers. What say u?

Taser Lawsuit: Family of Robert Neill Wins $900,000 from Mount Joy (PA) City Council

I told y'all that the Mount Joy Borough Police screwed up big-time when they tasered 61-year old Robert Neill back on November 6, 2010. It appears that the Mount Joy Borough Council agreed with me. They approved a $900,000 settlement to the Neill family. [SOURCE]

Neill was tased 15 times by former police Officer Tyson Woods. The pre-judicial electrocution lasted two seconds to 28 seconds - 119 seconds total - during a 10-minute span.

The lawsuit claimed police used excessive force and failed to use or enforce appropriate-use-of-force policies. There was no alcohol or illicit drugs in Neill's system, according to a toxicology screening.

Mount Joy Mayor Mary Ginder notified Woods on April 2, 2012, that he was being fired for violating the police department's use-of-force policy.

A few more $1 million pay-outs should change things when it comes to taser deaths in America, huh?

Minneapolis Police Department Changes Taser Policy in Response to Recent Taser-Related Deaths

Soulclap to BlackLogic for letting us know that the Minnesota Police Department reacted in a proactive manner to the recent taser death of David Cornelius Smith.

With little fanfare, the Minneapolis Police Department updated a number of policies, including its use of force policy and Taser policy, as of October 1. The changes are reflected in the city's online Policy and Procedure Manual.

Under these new policies, Tasers are now considered "less lethal" rather than nonlethal.Their actions can be directly attributed to the deaths of Quincy Smith and David Cornelius Smith.

The new policy makes it clear that Tasers neither can be used on passive resistors or simply non-compliant suspects. Given the large number of complaints from citizens being electrocuted with a taser gun while handcuffed simply for speaking, if the policy is actually followed this could bring relief to the Minneapolis community.

I wonder if similar changes are being made in other cities around the nation? Do you know where the online version of the 'use of force' policy can be found in your city? If so, please share it with me. I would like to begin tracking links to these policies around the nation whenever possible.

Taser Advisory to Cops: 'Our Guns May Cause Heart Attack'

Taser International, the maker of taser guns is advising police officers to avoid shooting suspects in the chest with the 50,000-volt weapon, saying that it could pose an extremely low risk of an "adverse cardiac event."

The advisory, issued in an Oct. 12 training bulletin, marks the first time that Taser has suggested any risk of ill effects on the heart from the use of its 50,000-volt taser guns.

Critics, including civil-rights lawyers and human-rights advocates, called the training bulletin an admission by Taser that its guns could cause cardiac arrest.

For years, Taser officials have said in interviews, court cases and government hearings that the stun gun is incapable of inducing ventricular fibrillation, the chaotic heart rhythm characteristic of a heart attack.

This is a stunning reversal for the company, which for years has maintained that the gun was incapable of inducing a cardiac arrest.

But Taser officials reply that the bulletin does not state that Tasers can cause cardiac arrest. They said the advisory means only that law-enforcement agencies can avoid controversy over the subject if their officers aim at areas other than the chest.

"Should sudden cardiac arrest occur in a scenario involving a Taser discharge to the chest area, it would place the law-enforcement agency, the officer and Taser International in the difficult situation of trying to ascertain what role, if any, the Taser . . . could have played," the bulletin says.

The bulletin recommends that when aiming at the front of a suspect, the best target for officers is the major muscles of the pelvic area or thigh region. "Back shots remain the preferred area when practical," it says.

Police departments across the United States reacted immediately to the bulletin, with some ordering officers to follow Taser's instructions and begin aiming at the abdomen, legs or back of a suspect.

The guns are used by more than 12,000 police agencies across the country.

Advocacy groups such as Amnesty International allege that Taser guns are often used by police as a compliance tool on unarmed individuals who pose no deadly threat, who are drunk or on drugs and simply quarrel with officers.

This is the first time that we've seen a chink in the taser-happy armor of the manufacturer and the police. I wonder if police will think twice before using tasers outside of the 'use of force continuum' policy? [NOTE: Gunfighter is a law enforcement officer who conducts training on the 'use of force continuum'. He provides a comprehensive explanation that I encourage all villagers to read].

What are your thoughts on this admission from Taser International?

Police Refuse to Take Responsibility in Taser-Killing of Rory McKenzie

We told you a few days ago that the Kern County coroner ruled 'homicide' in the taser-related death of Rory McKenzie. The Kern County Sheriff's Office didn't like the negative publicity from the coroner's decision. So, the Sheriff's Office convened a group this past Monday to review the case. After a quick review, the Sheriff's Office announced that the four officers involved in the taser-killing operated "within department policy".

You may recall that these four police officers attempted to take McKenzie into custody on July 2, 2009. He physically resisted arrest. During the struggle, a deputy deployed a Taser as McKenzie continued to physically resist arrest. A Kern County Sheriff’s Office K-9 was utilized and McKenzie was bitten on the right leg, allowing deputies to take him into custody.

After McKenzie was taken into custody, deputies noticed he was having difficulty breathing and called for medical aid. McKenzie stopped breathing and deputies administered CPR. McKenzie was transported by ambulance to Kern Medical Center where he was pronounced dead.

The four officers are Sergeant Otis Whinery (24 years with the Sheriff's Office), Senior Deputy Alan Fullerton (21 years with the Sheriff's Office), Deputy Douglas Jauch (8 years with the Sheriff's Office), Deputy Patrick McNeal (5 years with the Sheriff's Office) and Deputy Edward Tucker (12 years with the Sheriff's Office).

The penalty for resisting arrest should not be death ... and it should not be "within department policy". I hope that the Kern County District Attorney files criminal charges in this case.

In the meantime, I encourage all villagers to see if they can get a copy of the 'use of force continuum' policy from their local police department. We may need to deal with this issue on a local level. What say u?