Police Use of Force, Tasers and Other Less Lethal Weapons

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Police Use of Force, Tasers and Other Less-Lethal Weapons

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NCJ 232215 About the National Institute of Justice

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Findings and conclusions of the research reported here are those of the authors and do not necessarily reflect the official positions or policies of the U.S. Department of Justice. This Research in Brief is based primarily on “A Multi-Method Evaluation of Police Use of Force Outcomes,” final report to the National Institute of Justice, July 2010, NCJ 231176, available online at http://www.ncjrs.gov/ pdffiles1/nij/grants/231176.pdf. This research was supported by grant number 2005–IJ–CX–0056 from the National Institute of Justice.

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About this report

This study looked at injuries The study’s most significant that occur to law enforce finding is that, while results ment officers and citizens were not uniform across all during use-of-force events. agencies, the use of pep Most applications of force per spray and CEDs can are minimal, with officers significantly reduce injuries using their hands, arms or to suspects and the use of bodies to push or pull against CEDs can decrease injuries a suspect to gain control. to officers. Officers are also trained to use various other force The researchers assert that techniques and weapons to all injuries must be taken se overcome resistance. These riously. When police in a de include less-lethal weapons mocracy use force and injury such as pepper spray, batons results, concern about police or conducted energy devices abuse arises, lawsuits often (CEDs) such as Tasers. They follow and the reputation can also use firearms to of the police is threatened. defend themselves or others Injuries also cost money in against threats of death or medical bills for indigent sus serious bodily injuries. pects, workers’ compensa tion claims for injured officers or damages paid out in legal What did the settlements or judgments. researchers find? This study found that when What were the study’s officers used force, injury limitations? rates to citizens ranged from 17 to 64 percent, depending In many cases, agency- on the agency, while officer supplied injury data did not injury rates ranged from 10 allow for a detailed analysis to 20 percent. Most injuries of the nature or seriousness involve minor bruises, strains of the injuries reported. and abrasions.

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Geoffrey P. Alpert, Michael R. Smith, Robert J. Kaminski, Lorie A. Fridell, John MacDonald, and Bruce Kubu

police use of Force, tasers and other Less-Lethal Weapons

introduction New technologies Police weaponry has come raise questions full circle. During the past 20 years, new technologies have During the middle of the emerged that offer the 19th century, police officers promise of more effective in New York and Boston control over resistive sus relied on less-lethal weapons, pects with fewer or less mostly wooden clubs. By late About the Authors serious injuries. Pepper spray in the century, police depart was among the first of these Geoffrey P. Alpert, ments began issuing firearms newer less-lethal weapons to Ph.D., is professor of to officers in response to bet criminology and criminal achieve widespread adoption ter armed criminals. Although by police forces, and more justice at the University firearms are still standard of South Carolina. recently, conducted energy issue, law enforcement agen Michael R. Smith, J.D., devices (CEDs) such as the cies are again stressing the Ph.D., is professor of Taser have become popular. political science and use of less-lethal weapons 1 dean of the College of rather than firearms. Taser use has increased Liberal Arts and Social in recent years. More than The Fourth Amendment for Sciences at Georgia 15,000 law enforcement and bids unreasonable searches Southern University. military agencies use them. Robert J. Kaminski, Ph.D., and seizures, and various Tasers have caused contro is associate professor of other legal and policy con versy (as did pepper spray) criminology and criminal trols govern how and when and have been associated justice at the University of officers can use force. Most with in-custody deaths and South Carolina. Lorie A. agencies tightly control the allegations of overuse and Fridell, Ph.D., is associate use of force and supervi professor of criminology intentional abuse. Organi sors or internal affairs units at the University of zations such as Amnesty routinely review serious South Florida. John International and the Ameri incidents. New technologies MacDonald is associate can Civil Liberties Union have have added to the concerns professor of criminology questioned whether Tasers about the use of force by law at the University of can be used safely, and what Pennsylvania. Bruce enforcement. role their use plays in injuries Kubu is senior research and in-custody deaths. associate at the Police Executive Research Forum.

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CEDs such as Tasers pro CEDs suffered no injuries or duce 50,000 volts of electric minor injuries only. A small ity. The electricity stuns and number suffered significant temporarily disables people and potentially lethal injuries. by causing involuntary mus cle contractions. This makes This NIJ-sponsored study people easier to arrest or included six police depart subdue. When CEDs cause ments and evaluated the involuntary muscle contrac results of 962 “real world” Several studies tions, the contractions cause CED uses. Skin punctures people to fall. Some people from CED probes were found that have experienced serious common, accounting for 83 when agencies head injuries or bone breaks percent of mild injuries.4 from the falls, and at least adopted the six deaths have occurred Policymakers and law en use of pepper because of head injuries suf forcement officials want to know whether Tasers are spray, they fered during falls following CED exposure. More than safe and effective, and how subsequently 200 Americans have died af (if at all) they should be used had large ter being shocked by Tasers. to match police use-of-force Some were normal, healthy choices with levels of sus declines in adults; others were chemi pect resistance. This study assaults on cally dependent or had heart indicates that CED use actu disease or mental illness.2 ally decreases the likelihood officers and of suspect injury. declines in Tasers use compressed nitro officer and gen to fire two barbed probes (which are sometimes called previous research suspect injury darts) at suspects. Electric on use of force and rates, and ity travels along thin wires injuries attached to the probes. (A associated new wireless Taser is also on The controversy around injuries were the market.) Darts may cause Taser use is not unique. Law puncture wounds or burns. A enforcement agencies found usually minor. puncture wound to the eye themselves in similar circum Pepper spray could cause blindness.3 stances with pepper spray in the 1990s. Human rights provides a Despite the dangers, most groups such as Amnesty way to reduce CED shocks produce no seri International questioned the injuries. ous injuries. A study by Wake safety and misuse of pepper Forest University researchers spray as its use spread found that 99.7 percent of rapidly in American law people who were shocked by enforcement agencies. NIJ

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funded various studies on the adopted pepper spray in the safety and effectiveness of late 1980s and early 1990s pepper spray.5 as an alternative to traditional chemical agents such as tear Some studies have focused gas, but its use sparked con on officer injury. Several troversy. Notably, the Ameri found that about 10 percent can Civil Liberties Union of of officers were injured when Southern California asserted force was used.6 However, that pepper spray was caus two studies of major police ing in-custody deaths. NIJ departments found officer studies on the link between injury rates of 38 and 25 pepper spray and in-custody percent.7 The agencies with deaths found that the deaths lower rates allowed officers were largely a result of posi to use pepper spray, while tional asphyxia, pre-existing the two with higher rates health conditions or were did not. drug related.9

A few researchers have Several studies found that looked at how various ap when agencies adopted the proaches to force affect of use of pepper spray, they ficer injury rates.8 Overall, the subsequently had large empirical evidence shows declines in assaults on of that getting close to sus ficers and declines in officer pects to use hands-on tactics and suspect injury rates, increases the likelihood of and associated injuries were officer injuries. Research also usually minor.10 Pepper spray shows that suspects have provides a way to reduce a higher likelihood of injury injuries. when officers use canines, bodily force or impact weap ons such as batons. Alter CEDs. Many law enforce natives to bodily force and ment agencies noted that impact weapons are found injury rates for officers and in other less-lethal weapons suspects declined after they such as pepper spray and introduced CEDs.11 CEDs. Medical research, including controlled animal trials and Previous studies on controlled human trials, has pepper spray and CEDs produced various insights. Some animal studies were Pepper spray. Law en conducted to learn if CED forcement agencies rapidly

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use could result in ventricular law enforcement agencies fibrillation. Several studies need not avoid using CEDs showed that standard shocks provided they are used in that lasted five to 15 seconds line with accepted national did not induce ventricular fi guidelines.14 brillation of the heart. Higher discharges, 15 to 20 times A preliminary review of the standard, or those of deaths following CED expo longer duration — two 40- sure found that many are as second exposures — induced sociated with continuous or fibrillation or increased heart repeated shocks. There may rhythm in some pigs. In addi be circumstances in which tion, longer exposures led to repeated or continuous ventricular fibrillation-induced exposure is required, but law death in three pigs.12 enforcement officers should be aware that the associated Controlled studies involv risks are unknown. There ing healthy human subjects fore, caution is urged in using (often law enforcement multiple activations.15 trainees) found that sub jects experienced significant The seeming safety mar increases in heart rates fol gins of CED use on normal lowing exposure, but none healthy adults may not be experienced ventricular applicable to small children, fibrillation.13 those with diseased hearts, the elderly, those who are pregnant and other at-risk NiJ study and people. The use of CEDs recommendations against these populations (when recognized) should be NIJ gathered an expert panel avoided, but may be neces of medical professionals sary if conditions exclude to study in-custody deaths other reasonable choices.16 related to CEDs. In its report, the panel said that while CED A suspect’s underlying use is not risk free, there is medical conditions may be no clear medical evidence responsible for behavior that that shows a high risk of leads law enforcement of serious injury or death from ficers to subdue him or her. the direct effects of CEDs. Sometimes this includes CED Field experience with CED use. Abnormal mental status use shows that exposure in a combative or resistive is usually safe. Therefore, subject, sometimes called

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“excited delirium,” may be as with commands. Just under The seeming sociated with a risk for sudden half allow officers to use death. This should be treated chemical weapons at that safety margins as a medical emergency.17 point. However, if the subject of CED use on tensed and pulled when an officer tried to handcuff him normal healthy the national survey or her, most agencies would adults may not The Police Executive Re allow chemical agents and be applicable to hard empty-hand tactics, search Forum conducted a small children, survey of state, county and such as punching. Many also municipal law enforcement allow for CED use at this those with agencies to learn more about point but about 40 percent diseased hearts, less-lethal technologies and do not. Almost three-fourths related policies and train allow CED use if the suspect the elderly, ing. More than 500 agencies flees, and almost all allow it those who are participated. when the subject assumes a boxer’s stance. Most agen pregnant and Most agencies have a “use cies do not allow baton use other at-risk until the subject threatens of-force continuum” that is people. The covered in training, where the officer by assuming the officers learn to use suitable boxer’s stance. use of CEDs force levels depending on against these circumstances. For example, Three-fourths of the sur an officer might start by us veyed agencies that use populations ing verbal commands when CEDs issued them between (when dealing with a suspect. Then 2004 and 2006. Most are an officer might move to soft using Tasers. In most agen recognized) empty-hand tactics (such as cies, officers receive four or should be six hours of training, and 63.7 pushing) when faced with avoided but may lack of cooperation or mild percent of agencies require resistance. The continuum that officers experience be necessary covers various circumstances activation (i.e., get shocked) during training. if conditions up to the use of firearms. exclude other The survey included vari Most agencies do not allow reasonable ous levels of resistance and CED use against a subject asked agencies to describe who nonviolently refuses choices. what force they allow in to comply with commands. each. Most agencies allow However, six in 10 allow for only soft tactics against a CED use against a subject subject who refuses, without who tenses and pulls when physical force, to comply the officer tries to handcuff him or her. Agencies usually

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place the CED with chemical Analysis of information agents in their force contin from specific law uum, meaning that their use enforcement agencies is typically approved in the same circumstances in which Looking at the experiences pepper spray use is allowed. of specific agencies can yield CEDs are usually lower on important information that the continuum than impact might otherwise be lost in weapons. larger analyses. The research ers used various statistical One facet of the contro techniques to identify factors versy surrounding CED use that increase or decrease the concerns vulnerable popula odds of injury to officers and tions and circumstances that suspects alike. pose potentially heightened risk to the subject. For only Richland County Sheriff’s one circumstance — when Department. The Richland a subject is near flammable County Sheriff’s Department substances — do most agen (RCSD) includes about 475 cies (69.6 percent) ban CED sworn officers who serve the use. unincorporated portions of Richland County, S.C. Depu Some 31 percent forbid CED ties carry Glock .40 caliber use against clearly pregnant pistols, collapsible metal women, 25.9 percent against batons and pepper spray. drivers of moving vehicles, Increasingly, they also carry 23.3 percent against hand the model X-26 Taser. The cuffed suspects, 23.2 percent agency started phasing in against people in elevated Taser use in late 2004. Dur areas and 10 percent against ing data collection, about 60 the elderly. However, many percent of deputies carried agencies, while not forbid Tasers. ding use in these circum stances, do restrict CED use Researchers coded 467 use except in necessary, special of-force reports covering the circumstances. period from January 2005 to July 2006. Of the 49 separate injuries recorded for officers (three officers had more than one injury), 46 involved bruises, abrasions or cuts. The department recorded 92

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suspect injuries; 69 of those However, the use of a canine were bruises, abrasions or posed, by far, the great cuts. Most of the remaining est injury risk to suspects, suspect injuries were dog increasing injury odds by al bites, but three involved most 40 fold. Suspects who broken bones or internal displayed active aggression injuries. toward deputies were also more likely to suffer injuries. Further analysis of the data CED use had no effect on included identifying how the likelihood of injury; this is various factors increased or inconsistent with the experi decreased the risk of injury ences of other agencies, to officers or suspects. The suggesting that not every use of soft empty-hand agency’s experience with the techniques by an officer, ac Taser will be the same. tive aggression by a suspect and suspect use of deadly Miami-Dade Police force all increased the risk for Department. The depart deputies. ment has about 3,000 officers, is the largest law Soft empty-hand control was enforcement agency in the the most frequent force level Southeast and is one of the used by deputies, occurring largest departments that has in 59 percent of all use-of never issued pepper spray to force incidents. These tech its officers.18 niques increased the odds of officer injury by 160 percent. The researchers examined Thus, deputies were at great 762 use-of-force incidents est risk for injury when using involving a lone officer and a the least force possible. lone suspect that occurred between January 2002 and Two variables significantly May 2006. About 70 percent decreased the risk for of the officers carried Tasers suspects. Pepper spray by May 2006. Officers were use decreased the odds of substantially less likely to be suspect injury by almost 70 injured than suspects, with percent, and a deputy aiming 16.6 percent (124) of officers a gun at a suspect reduced injured and 56.3 percent injury odds by more than 80 (414) of suspects injured. percent (because the act of Most injuries were minor, but pointing a gun alone often 73 suspects (17 percent) effectively ends the sus pect’s resistance).

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suffered serious injuries. Mi incidents, while officers suf nor injuries included bruises, fered injuries in 20 percent sprains and lacerations. of the incidents. Officers Major injuries included bites, used hands-on tactics in 76 punctures, broken bones, percent of the incidents. The internal injuries and gunshot next most frequent type of wounds. force officers used was the Taser (36 percent), followed The department does not by pepper spray (8 percent). issue pepper spray to its line officers, and there were Suspects were impaired few incidents involving guns by alcohol, drugs or mental or batons. Analysis of the illness in 76 percent of the incidents found that the use incidents. Just over half (52 of both soft-hand tactics and percent) of the suspects hard-hand tactics by officers were nonwhite, and 95 per more than doubled the odds cent were male. Analysis of of officer injury. Conversely, the data revealed that Taser CED use was associated with use was associated with a a 68-percent reduction in the 48-percent decrease in the odds of officer injury. odds of suspect injury but did not affect officer injury. As for suspects, hands-on tactics increased the odds The use of unarmed tactics of injury, the use of canines by officers increased the greatly increased the odds odds of officer injury 258 and CED use substantially percent. The odds of officer decreased the odds. injury increased significantly when suspects resisted us Seattle Police Department. ing physical force or the use The Seattle Police Depart or threat of use of a weapon. ment has about 1,200 sworn officers. The agency started Although results were not using Tasers in December uniform across the agen 2000. Other less-lethal cies, the analysis shows that weapons include pepper the use of pepper spray and spray, batons and shotgun CEDs can have a significant beanbag rounds. The depart and positive injury-reduction ment recorded 676 use-of effect. force incidents between Dec. 1, 2005, and Oct. 7, Interestingly, nonwhite sus 2006. Suspects suffered pects were less likely to be injuries in 64 percent of the injured than whites in both

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agencies (Miami and Seattle) by officers increased the where suspects’ race was odds of injury to officers and available as a variable for suspects alike. However, analysis. Another important pepper spray and CED use finding concerns the use of decreased the likelihood of canines. While canines were suspect injury by 65 and 70 used rarely, their use sub percent respectively. Officer stantially increased the risk of injuries were unaffected by injury to suspects in two of CED use, while the odds of the agencies. officer injury increased about 21 percent with pepper spray use. Combined agency analysis and its limitations The researchers noted the 12-agency analysis yielded The researchers also con puzzling results about the ducted a combined analysis relationship between pep of use-of-force data from 12 per spray use and officer large local law enforcement injury rates. Those results agencies.19 The full report are inconsistent with the gives a detailed description single agency analysis. More of the information available research may explain the and the limits of the data. differences. Most agencies, for example, had details about demograph ic characteristics of suspects, Longitudinal analysis but only four had officer demographic information. The researchers reviewed Moreover, the Miami-Dade use-of-force information from Police Department did not police departments in Austin, use pepper spray while San Texas, and Orlando, Fla., to Antonio did not use CEDs. learn how introducing CEDs affected injury rates. This Despite the limitations, the quasi-experimental approach study’s use of a large sam tracked injuries before and ple, representing more than after CED introduction. 25,000 use-of-force incidents, allowed the researchers to The Orlando data include use statistical techniques 4,222 incidents covering in an effort to learn which 1998 to 2006. CED use variables are likely to affect began in February 2003. The injury rates to officers and Austin data includes 6,596 suspects. The use of physi incidents from 2002 to 2006. cal force (hands, feet, fists) However, CED use was

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phased in beginning in 2003 analyses. Generally, they and was not completed until tried to contact officers and June 2004. A large drop in suspects within 48 hours injury rates for suspects and of receiving a use-of-force officers alike occurred in report. Interviews were both cities following CED voluntary, and some officers introduction. and suspects declined to participate. In both cities, Taser adop tion was associated with a In nine out of 105 use-of statistically significant drop force incidents, Richland in average monthly injuries County Sheriff’s Department to suspects. In Orlando, the officers reported that a Taser suspect injury rate dropped did not work properly or did by more than 50 percent not have the desired effect. compared to the pre-Taser In addition, researchers injury rate. In Austin, suspect received reports of multiple injury rates were 30 percent Taser hits on a suspect and lower after full-scale Taser multiple uses of the Taser deployment. in “drive stun” mode (when the Taser is pressed against In Orlando, the decline in a suspect rather than firing officer injury rates were even darts) to control suspects greater than for suspects; (or, based on the suspects’ the average monthly rate reports, as punishment). dropped by 60 percent after These reports indicate that Taser adoption. In Austin, some officers are using Tas officer injuries dropped by ers multiple times during an 25 percent. encounter.

Nine percent of the officers Interviews with officers reported injuries, almost all of and suspects which were scrapes, cuts or Researchers conducted inter bruises suffered while strug views with 219 officers from gling with resistant suspects. South Carolina’s Richland Officers also reported that 26 County Sheriff’s Department, suspects (12 percent) were 35 from the Columbia Police injured. Most suspect injuries Department (CPD), and 35 were cuts or abrasions, but suspects involved in use-of there were also two dog force situations to supple bites, and one suspect was ment and add a qualitative shot in the arm after firing at context to their quantitative officers.

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In 22 cases, researchers to do that to me.” He said interviewed both the officers that all the officers had to do and suspects involved in an was tell him to “quit acting incident. Most suspects said up.” He complained that officers used excessive or officers should just have told unnecessary force to sub him to calm down instead of due them. Some suspects pushing him to the ground. said officers used Tasers By contrast, they said the quickly, and several said the suspect ran away when con officers enjoyed watching fronted, so they tackled him. them endure the pain. Some These kinds of contradictions suspects said officers kneed were common; suspects said them in the back and kicked they did not resist, and offi or punched them after they cers provided justification for were in handcuffs. Some the force levels they used. also said officers used Tas ers on them after they were In other cases, suspects handcuffed. and officers offered radically different versions of events. Suspects often tell a different For example, in one case, an story than the officers who officer said he saw several arrest them. In almost all traffic violations and the sus cases, suspects said officers pects sped off and stopped, used excessive force and with one suspect running that they were not resisting away. The officers said the arrest. The officers, for their driver then tried to exit the part, said they used minimal vehicle from the passenger’s force to control suspects, side holding a shotgun. One and did not mention using officer pointed his weapon force after a suspect was un at the suspect, who then der control. Officers reported dropped the shotgun. The that the force used was suspect failed to mention necessary and reasonable. In the shotgun to researchers a typical account, a suspect and only complained that said he was unaware there officers put the handcuffs was a warrant out for his ar on too tightly and slammed rest, and when police con him around in the back of the fronted him, he did not resist. transport vehicle. He said the officers “pushed me to the ground and put the Unlike the Richland County cuffs on … they didn’t have Sheriff’s Department, the

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Columbia Police Depart the ground. The differences ment did not use Tasers. between the agencies were The officers described 35 striking. RCSD equips most use-of-force incidents. Three of its deputies with Tasers. officers reported that pepper The deputies collectively spray was ineffective. In all reported fewer injuries to three cases, the suspects themselves and suspects were either drunk or high on from ground fighting than drugs. One case, in particu did CPD officers. CPD did lar, highlighted the potential not issue Tasers, and 31 advantages of the Taser over percent of its officers report pepper spray in some circum ed getting cuts, scrapes and stances. In that case, a 6’7”, bruises from wrestling with 370-pound man wanted for suspects on the ground. The domestic violence charged prevalence of ground fighting an officer with a metal object injuries among RCSD officers in his hand. The officer used (less than nine percent) was pepper spray, but it had no lower, as were injuries to effect. The suspect then suspects caused by contact retreated to the apartment with the ground. Some of kitchen and grabbed a knife. the injuries could have been The officers pointed their prevented had officers used guns at him and ordered Tasers instead of hands-on him to drop the knife, but he tactics. refused. He cut and stabbed himself with the knife while the officers waited for an Implications for policy, other agency to arrive that training and future was equipped with a Taser. research The suspect cut himself Because of the controversial more than 100 times be nature and widespread use fore the South Carolina Law of CEDs, the researchers Enforcement Division arrived explored their use in detail and used a Taser on him. The and made recommenda Taser had an instant effect, tions, based on the findings, and officers were then able for whether and how CEDs to handcuff the suspect. should fit into the range of less-lethal force alternatives Most injuries in both agen available to law enforcement cies occurred when officers officers. and suspects struggled on

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Factors affecting injury to officers and sus injuries pects. The increased injury risk was especially acute for officers. In Richland County, Physical force active aggression and threats The findings clearly show of deadly force increased the use of physical force and the odds of officer injury hands-on control increase the by more than 100 percent. risk of injury to officers and The odds of suspect injury suspects. In Richland County, were unchanged in Seattle S.C., soft empty-hand control with increased resistance significantly increased the levels. These findings sug odds of injury to officers, gest that officers, rather than while hard empty-hand suspects, face the most tactics increased the risk of increased injury risk when injury to suspects. In Miami- suspects resist more Dade, both types of force vigorously. increased the risk of injury to both officers and suspects. Pepper spray In Seattle, use of force in creased injury risk to officers The findings suggest that, but not to suspects, while at least for suspects, pepper the overall analysis (of 12 spray use reduces the likeli agencies) showed increased hood of injury. In Richland injury risk to suspects and County, pepper spray use especially to officers associ reduced the odds of suspect ated with physical force. This injury by 70 percent but did increased risk was large. not affect officer injuries. In When controlling for the use Seattle, pepper spray use of CEDs and pepper spray had no effect on injury rates in the overall analysis, using for officers or suspects. force increased the injury However, the overall analysis odds to officers by more than (of 12 agencies) showed that 300 percent and to suspects pepper spray use reduced by more than 50 percent. the likelihood of injury to suspects by 70 percent, which was even more than Suspect resistance the decline noted with CEDs Increasing levels of suspect (see below). For officers, resistance were associated pepper spray use increased with an increased risk of the likelihood of injury by 21 to 39 percent. This finding

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was unexpected, and more Demographic research may help to explain characteristics how officers choose to use pepper spray versus CEDs. Apart from officer force and suspect resistance, few other factors influenced CEDs injury outcomes. In Miami- Dade, male suspects were Except for in Richland twice as likely to be injured County where its effects as females. The same held were insignificant, CED use true for the 12-agency analy substantially decreased the sis. In that larger analysis, the likelihood of suspect injury. presence of a male suspect In Miami-Dade, the odds of slightly increased injury risk a suspect being injured were to officers. In Seattle, female almost 90 percent lower officers were more than when a CED was used than twice as likely to be injured when it was not. Similarly, as male officers. the odds of suspect injury went down by almost 50 percent when CEDs were placement of pepper used in Seattle. The larger analysis of 12 agencies and spray and CeDs on a more than 24,000 use-of linear use-of-force force cases showed the odds continuum of suspect injury decreased by almost 60 percent when People rarely die after being a CED was used. In Richland pepper sprayed or shocked County, Seattle, and in the with a Taser. However, if larger analysis, Taser use had injury reduction is the primary no effect on officer injuries, goal, agencies that allow use while in Miami-Dade, officer of these less-lethal weapons injuries were less likely when are clearly at an advantage. a Taser was used. Controlling Both weapons prevent or for other types of force and minimize the physical strug resistance, CED use signifi gles that are likely to injure cantly reduced the likelihood officers and suspects alike. of injuries. CED adoption by Although both cause pain, the Orlando and Austin police they reduce injuries, and departments reduced injuries according to current medical to suspects and officers over research, death or serious time. harm associated with their

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use is rare. In that sense, The possible overuse of both are safe and similarly CEDs has several dimen effective at reducing inju sions. CEDs can be used ries. Both should be allowed inappropriately at low levels as possible responses to of suspect resistance. Law defensive or higher levels enforcement executives can of suspect resistance. This manage this problem with recommendation is sup policies, training, monitoring ported by the findings and and accountability systems is now followed by most that provide clear guidance agencies that responded to (and consequences) to of the national survey. ficers regarding when and under what circumstances CEDs should be used, or policy and training when they should not be issues related to CeDs used. CEDs were used far more Besides setting the resis often (four to five times tance threshold appropriately, more often) than pepper good policies and training spray among agencies that would require that officers equipped officers with CEDs evaluate the age, size, and were sometimes used at gender, apparent physical ca rates that exceeded empty- pabilities and health concerns hand control. Unlike pepper of a suspect. In addition, spray, CEDs do not require policies and training should decontamination and do not prohibit CED use in the pres carry the risk of accidental ence of flammable liquids or “blow back” that often oc in circumstances where fall curs with pepper spray use. ing would pose unreasonable However, they do entail the risks to the suspect (in el removal of prongs and the evated areas, adjacent to traf potential for an unintended fic, etc.). Policies and training shock to an officer. Even should address the use of with these concerns, they CEDs on suspects who are are rapidly overtaking other controlled (e.g., handcuffed force alternatives. Although or otherwise restrained) and the injury findings suggest should either prohibit such that substituting CEDs for use outright or limit them to physical control tactics may clearly defined, aggravated be useful, their ease of use circumstances. and popularity among officers raise the specter of overuse.

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In addition to being used too compared to officers who do often, CEDs can be used too not have them. In addition, much. Deaths associated it is important to determine with CED use often involve when, during an encounter, multiple Taser activations an officer deploys the CED. (more than one Taser at a time) or multiple five-second Another important CED- cycles from a single Taser. related research project CED policies should require would be a case study of officers to assess continued in-custody deaths involv resistance after each stan ing CED use and a matched dard cycle and should limit sample of in-custody deaths use to no more than three when no CED use occurred. standard cycles. Follow Advocacy groups argue that ing CED deployment, the CEDs can cause or contrib suspect should be carefully ute to suspect deaths. The observed for signs of distress subjects in CED experimen and should be medically tal settings have all been evaluated at the earliest healthy people in relatively opportunity. good physical condition who are not under the influence of alcohol or drugs. There Directions for future is no ethical way to expose research overweight suspects who have been fighting or using CEDs can be used too much drugs to the effects of CEDs, and too often. A critical re so an examination of cases search question focuses where similar subjects lived on the possibility of officers and died may shed some becoming too reliant on CEDs. light on the reasons for the During interviews with officers deaths. Law enforcement and trainers, the researchers officials typically argue that heard comments that hinted most if not all the subjects at a “lazy cop” syndrome. who died when shocked by Some officers may turn to a a CED would have died if CED too early in an encounter the officers had controlled and may relying on a CED and arrested them in a more rather than rely on the offi traditional hands-on fight. cer’s conflict resolution skills At this point, the argument or even necessary hands-on is rhetorical and research is applications. Research should needed to understand the explore how officers who differences and similarities in have CEDs perceive threats, cases where suspects died

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in police custody, including Washington, D.C.: U.S. Department deaths where a CED may or of Justice, National Institute of Jus may not have been involved. tice, 2004, NCJ 204029. 6. Henriquez, M., “IACP National Finally, female officers in Database Project on Police Use of Seattle were more than twice Force,” in Use of Force by Police: as likely to suffer injuries as Overview of National and Local Data, males. Perhaps the finding Washington, D.C.: U.S. Department in Seattle is an anomaly, but of Justice, National Institute of Justice and Bureau of Justice Sta it should be investigated tistics, 1999: 19-24; Kaminski, R., C. further. DiGiovanni, and R. Downs, “The Use of Force Between the Police and Persons With Impaired Judgment,” Notes Police Quarterly, 7 (2004): 311-338; Smith, M.R., and M. Petrocelli, 1. Police Executive Research Forum, “The Effectiveness of Force Used “Comparing Safety Outcomes by Police in Making Arrests,” Police in Police Use-of-Force Cases for Practice and Research, 3 (2002): Law Enforcement Agencies That 201-215. Have Deployed Conducted Energy Devices and a Matched Comparison 7. Alpert, G.P., and R.G. Dunham, Group That Have Not: A Quasi- “Analysis of Police Use-of-Force Experimental Evaluation,” report Data,” final report, Washington, submitted to the National Institute D.C.: U.S. Department of Justice, of Justice, grant number 2006-IJ National Institute of Justice, 2000, CX-0028, 2009: 13. NCJ 183648; Alpert, G.P., and R.G. Dunham, Understanding Police Use 2. http://www.ojp.usdoj.gov/nij/ of Force: Officers, Suspects, and topics/technology/less-lethal/ Reciprocity, Cambridge, NY: Cam how-ceds-work.htm. bridge University Press, 2004; Ka minski, R.J., and D.W.M. Sorensen, 3. Ibid. “A Multivariate Analysis of Indi vidual, Situational, and Environmen 4. http://www.ojp.usdoj.gov/nij/ tal Factors Associated with Police topics/technology/less-lethal/ Assault Injuries,” American Journal monitoring-ced-use.htm. of Police, 14 (3/4) (1995): 3-48.

5. Edwards, S.M., J. Granfield, and J. 8. See, e.g., Alpert and Dunham, Onnen, Evaluation of Pepper Spray, 2000, note 7. Research in Brief, Washington, D.C.: U.S. Department of Justice, National 9. Granfield, Onnen, and Petty, 1994, Institute of Justice, February 1997, note 5; Petty, 2004, note 5. NCJ 162358; Granfield, J., J. Onnen, and C.S. Petty, Pepper Spray and 10. Edwards, Granfield, and Onnen, In-Custody Deaths, Alexandria, Va.: 1997, note 5; Kaminski, R.J., S.M. International Association of Chiefs of Edwards, and J.W. Johnson, “As Police, 1994; Petty, C.S., “Deaths in sessing the Incapacitative Effects Police Confrontations When Oleores of Pepper Spray During Resistive in Capsicum Is Used,” final report, Encounters With the Police,”

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Policing: An International Journal of Heegaard, “Cardiovascular and Police Strategies and Management, Physiologic Effects of Conducted 22 (1999): 7-29; Lumb, R.C., and Electrical Weapon Discharge in Rest P.C. Friday, “Impact of Pepper Spray ing Adults,” Academic Emergency Availability on Police Officer Use Medicine, 13 (2006): 589-595; Lak of-Force Decisions,” Policing: An kireddy, D., D. Wallick, A. Verma, International Journal of Police Strate K. Ryschon, W. Kowalewski, O. gies and Management, 20 (1997): Wazni, J. Butany, D. Martin, and P.J. 136-148; National Institute of Jus Tchou, “Cardiac Effects of Electrical tice, The Effectiveness and Safety of Stun Guns: Does Position of Barbs Pepper Spray, Research for Practice, Contact Make a Difference?” Pacing Washington, D.C.: U.S. Department and Clinical Electrophysiology, 31 of Justice, National Institute of Jus (2008): 398-408; McDaniel, W.C., tice, 2003, NCJ 195739; Nowicki, E., R.A. Stratbucker, M. Nerheim, and “Oleoresin Capsicum: A Non-Lethal J.E. Brewer, “Cardiac Safety of Neu Force Alternative,” Law Enforce romuscular Incapacitating Defensive ment Technology, 20 (1993): 24-27; Devices,” Pacing and Clinical Elec Smith and Petrocelli, 2002, note 6. trophysiology, 28 (2005): s284-s287; Nanthakumar, K., I.M. Billingsley, S. 11. Charlotte-Mecklenburg Police Masse, P. Dorian, D. Cameron, V.S. Department, Taser Project: First Chauhan, E. Downar, and E. Sevapt Year—Full Deployment Study. Char sidis, “Cardiac Electrophysiological lotte, N.C.: Charlotte-Mecklenburg Consequences of Neuromuscular Police Department, 2006; Hougland, Incapacitating Device Discharges,” S., C. Mesloh, and M. Henych, “Use Journal of the American College of of Force, Civil Litigation, and the Cardiology, 48 (2006): 798-804; Roy, Taser,” FBI Law Enforcement Bul O.Z., and A.S. Podgorski, “Tests letin, 74 (2005): 24-30; Jenkinson, E., on a Shocking Device — The Stun C. Neeson, and A. Bleetman, “The Gun,” Medical and Biological Engi Relative Risk of Police Use-of-Force neering and Computing, 27 (1989): Options: Evaluating the Potential for 445-448; Stratbucker, R., R. Roeder, Deployment of Electronic Weap and M. Nerheim, “Cardiac Safety of onry,” Journal of Clinical Forensic High Voltage Taser X26 Waveform,” Medicine, 13 (2005): 229-241. Engineering in Medicine and Biology Society, Proceedings of the 25th 12. Dennis, A.J., D.J. Valentino, R.J. Annual International Conference of Walter, K.K. Nagy, J. Winners, F. the IEEE EMBS, Cancun, Mexico, Bokhari, D.E. Wiley, K.T. Joseph, 1094-678X, 4 (2003): 3261-3262; and R.R. Roberts, “Acute Effects of Walter, R., A. Dennis, D. Valentina, TASER X26 Discharges in a Swine B. Margeta, K. Nagy, F. Bokhari, D. Model,” The Journal of Trauma, Wiley, K. Joseph, and R. Roberts, Injury, Infection and Critical Care, “TASER X26 Discharges in Swine 63 (2007): 581-590; Esquivel, A., Produce Potentially Fatal Ventricular E. Dawe, J. Sala-Mercado, R. Ham Arrhythmias,” Academic Emergency mond, and C. Bir, “The Physiological Medicine, 15 (2008): 66-73. Effects of a Conducted Electri cal Weapon in Swine,” Annals of 13. Dawes, D.M., J.D. Ho, M.A. Emergency Medicine, 50 (2007): Johnson, E. Lundin, T.A. Janchar, 576-583; Ho, J.D., J.R. Miner, D.R. and J.R. Miner, “15-Second Con Lakireddy, L.L. Bultman, and W.G. ducted Electrical Weapon Exposure

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Does Not Cause Core Body Tempera (2008): 62; Levine, S.D., C. Sloane, ture Elevation in Non-Environmentally T.C. Chan, J. Dunford, and G. Vilke, Stressed Resting Adults,” Forensic “Cardiac Monitoring of Human Sub Science International, 176 (2008): jects Exposed to the Taser,” Journal 253-257; Dawes, D.M., J.D. Ho, and of Emergency Medicine, 13 (2007): J.R. Miner, “The Effect of a Cross- 47; Levine, S.D., C. Sloane, T.C. Chest Electronic Control Device Chan, G. Vilke, and J. Dunford, “Car Exposure on Breathing,” Annals of diac Monitoring of Subjects Exposed Emergency Medicine, 54 (2008): to the Taser,” Academic Emer 65; Dawes, D.M., J.D. Ho, M.A. gency Medicine, 12 (2005): 71; Vilke, Johnson, E. Lundin, and J.R. Miner, G.M., C. Sloane, K.D. Bouton, F.W. “15-second Conducted Electri Kolkhorst, S. Levine, T. Neuman, E. cal Weapon Application Does Not Castillo, and T.C. Chan, “Physiologi Impair Basic Respiratory Parameters, cal Effects of a Conducted Electri Venous Blood Gases, or Blood cal Weapon on Human Subjects,” Chemistries and Does Not Increase Annals of Emergency Medicine, 26 Core Body Temperature,” Annals (2007): 1-4. of Emergency Medicine, 50 (2007): 6; Dawes, D.M., J.D. Ho, M.A. 14. National Institute of Justice, Johnson, E. Lundin, and J.R. Miner, Study of Deaths Following Electro “Breathing Parameters, Venous Muscular Disruption, Special Report, Blood Gases, and Serum Chem Washington, D.C.: U.S. Department istries With Exposure to a New Wire of Justice, National Institute of Jus less Projectile Conducted Electrical tice, 2011: 3, NCJ 233432. Weapon in Human Volunteers,” Annals of Emergency Medicine, 50 15. Ibid., 4. (2007): 133; Ho, J.D., D.M. Dawes, L.L. Bultman, J.L. Thacker, L.D. 16. Ibid. Skinner, J.M. Bahr, M.A. Johnson, and J.R. Miner, “Respiratory Effect 17. Ibid., 5. of Prolonged Electrical Weapon Application on Human Volunteers,” 18. The MDPD provides police Academic Emergency Medicine 14 services to the unincorporated areas (3) (2007): 197-201; Ho, J.D., J.R. of Miami-Dade County, Fla., which Miner, D.R. Lakireddy, L.L. Bultman, together contain more than 1 million and W.G. Heegaard, “Cardiovascular people in a 1,840 square mile area. and Physiologic Effects of Con ducted Electrical Weapon Discharge 19. The agencies included police in Resting Adults,” Academic and sheriff’s departments in Austin, Emergency Medicine, 13 (2007): Texas; Cincinnati, Ohio; Harris 589-595; Ho, J.D., D.M. Dawes, County, Texas; Hillsborough County, R.F. Reardon, A.L. Lapine, and J.R. Fla.; Los Angeles (both the city and Miner, “Echocardiographic Deter the county); Miami-Dade, Fla.; Nash mination of Cardiac Rhythm During ville, Tenn.; Orlando, Fla.; Richland Trans-Thoracic Wireless Conducted County, S.C.; San Antonio, Texas; Electrical Weapon Exposure,” An and Seattle, Wash. nals of Emergency Medicine, 52

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