Police Use of Force: The Impact of Less-Lethal Weapons and Tactics by Philip Bulman

A new study suggests that less-lethal weapons decrease rates of officer and offender injuries.

n the mid-19th century, police offi­ the University of South Carolina, cers in New York and Boston relied recently completed an NIJ-funded Ion less-lethal weapons, mostly study of injuries to officers and civil­ wooden clubs. By the late 1800s, ians during use-of-force events. police departments began issuing Injury rates to civilians ranged from firearms to officers in response to 17 to 64 percent (depending on the better-armed criminals. Today, many agency reporting) in use-of-force law enforcement agencies are again events, while injury rates to offi­ stressing the use of less-lethal weap­ cers ranged from 10 to 20 percent. ons, but they are using devices that Most injuries involved minor bruises, are decidedly more high-tech than strains and abrasions. Major inju­ their 19th-century counterparts. ries included dog bites, punctures, broken bones, internal injuries and Use of force, including less-lethal gunshot wounds. weaponry, is nothing new to polic­ ing, and in any use-of-force incident, injury is a possibility. Researchers Can New Technologies have estimated that between 15 and Decrease Injuries?

20 percent of arrests involve use of Advances in less-lethal technology

force. A group of researchers led offer the promise of more effective

by Geoffrey P. Alpert, professor of control over resistive suspects with criminology and criminal justice at

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If injury reduction fewer serious injuries. Pepper spray likelihood of officer injury; Taser use was among the first of these newer, is the primary goal, by the Seattle Police Department, less-lethal weapons to achieve wide­ however, similarly showed no effect spread adoption by police forces. agencies that deploy on the likelihood of officer injury. More recently, conducted energy This suggests that not every agen­ devices (CEDs), such as the Taser, pepper spray and cy’s experience with CEDs will be have become popular. the same. CEDs are clearly at More than 11,000 American law an advantage. Both Miami-Dade Police Department enforcement agencies use CEDs, With 3,000 officers, the Miami-Dade but their use has not been with­ weapons prevent Police Department (MDPD) is the out controversy. Organizations such largest law enforcement agency in as Amnesty International and the or minimize the the southeast. American Civil Liberties Union have questioned whether CEDs can physical struggles The MDPD started using Tasers in be used safely, and whether they 2003. By May 2006, about 70 per­ contribute to civilian injuries and in- that are likely to injure cent of the officers carried Tasers. custody deaths. Policymakers and The researchers examined 762 use­ law enforcement officials want to officers and of-force incidents between January know whether CEDs and other 2002 and May 2006. Most injuries less-lethal weaponry are safe and suspects alike. were minor, and officers were sub­ effective, and how police should stantially less likely to be injured use them. than suspects, with 17 percent of force level used by deputies officers injured and 56 percent of Analysis of Information (59 percent of incidents) was soft suspects injured. from Specific Law empty hand control (e.g., holding Use of both soft hand tactics and Enforcement Agencies a suspect to restrain him), which increased the odds of officer injury hard hand tactics (e.g., using kicks Alpert’s research on use of force by 160 percent. or punches to restrain a suspect) by and less-lethal weapons, in part, officers more than doubled the odds focused on data gathered from Pepper spray decreased the odds of of officer injury. Hands-on tactics three law enforcement agencies — suspect injury by almost 70 percent, also increased the odds of injury to the Richland County (S.C.) Sheriff’s and a deputy aiming a gun at a sus­ suspects, as did the use of canines. Department, the Miami-Dade pect reduced his or her injury odds Taser use, however, was associated (Fla.) Police Department and the by more than 80 percent (the act with a reduction in the likelihood of Seattle Police Department. of pointing a gun alone often effec­ both officer and suspect injury. tively ends a suspect’s resistance). Richland County Sheriff’s The use of a canine posed, by far, Seattle Police Department Department the greatest injury risk to suspects, The Seattle Police Department Approximately 475 sworn officers increasing injury odds almost forty- (SPD) has about 1,200 sworn from the Richland County Sheriff’s fold. Suspects who displayed active officers. The agency started using Department (RCSD) serve the aggression toward deputies were Tasers in December 2000. The unincorporated portions of Richland also more likely to suffer injuries. SPD recorded 676 use-of-force County, S.C. The agency started incidents between December 2005 phasing in Tasers in late 2004. In contrast to the Miami-Dade and October 2006. Suspects suf­ During data collection, about 60 and Seattle Police Departments, fered injuries in 64 percent of the percent of deputies carried Tasers. Taser use by the RCSD had no incidents, while officers suffered effect on the likelihood of suspect injuries in 20 percent of the incidents. Researchers coded 467 use-of­ injury. Also in contrast to the Miami- Officers used hands-on tactics in force reports from January 2005 Dade Police Department, Taser use 76 percent of the incidents. The to July 2006. The most frequent by the RCSD had no effect on the next most frequent type of force

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What Is Use of Force, and What Is a Use-of-Force Continuum?

“ se of force” refers to the encounter with a civilian. “The use­ or the suspect. When police U“amount of effort required of-force continuum” is a phrase to in a democracy use force and by police to compel compliance describe this kind of guide. The con­ injury results, concern about 1 by an unwilling subject.” The tinuum of a particular agency may police abuse arises, lawsuits Fourth Amendment forbids unrea­ cover a full spectrum of actions from often follow and the reputa­ sonable searches and seizures, no-force, in which having officers tion of the police is threatened. and various other legal and policy present is enough to defuse the situ­ Injuries also cost money in med­ controls govern how and when ation or deter crime, to lethal force, ical bills for indigent suspects, officers can use force. Most agen­ in which officers use deadly weap­ workers’ compensation claims cies tightly control the use of ons. For a sample continuum, see for injured officers, or damages force, and supervisors or internal NIJ’s topic page. paid out in legal settlements affairs units routinely review or judgments. serious incidents. ▼ http://www.ojp.usdoj.gov/nij/topics/ law-enforcement/officer-safety/ 1. Definition by the International Many law enforcement agencies use-of-force/continuum.htm. Association of Chiefs of Police, instruct officers in, and have Police Use of Force in America, policy guides for officers regard­ When any kind of physical use of 2001, http://www.theiacp.org/ ing, appropriate responses to force is required, there is always Portals/0/pdfs/Publications/ 2001useofforce.pdf. an escalation of activities in an a chance of injury to the officer

officers used was the Taser (36 Seattle and Richland County).2 When police in a percent), followed by pepper spray The large sample, representing democracy use force (8 percent).1 more than 24,000 use-of-force incidents, allowed the researchers and injury results, Taser use was associated with a to use statistical techniques to 48 percent decrease in the odds determine which variables were concern about police of suspect injury in a use-of-force likely to affect injury rates. The incident (it was not associated with use of physical force (e.g., hands, abuse arises, lawsuits a significant change in the odds fists, feet) by officers increased the of officer injury). The use of physi­ odds of injury to officers and sus­ often follow and the cal force by officers increased the pects alike. However, pepper spray odds of officer injury 258 percent. and CED use decreased the likeli­ reputation of the police Not surprisingly, the odds of officer hood of suspect injury by 65 and injury also increased when suspects 70 percent, respectively. Officer is threatened. resisted by using physical force or injuries were unaffected by CED when suspects used or threatened use, while the odds of officer injury to use a weapon. increased about 21 percent with pepper spray use. Combined Agency Analysis Longitudinal Analysis The researchers conducted a com­ bined analysis of use-of-force data To see if the introduction of CEDs from 12 large local law enforcement was associated with changes in agencies (including Miami-Dade, injury rates in individual police

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departments, the researchers (CPD) and 35 suspects involved suspects (12 percent) were injured. reviewed monthly reports of in use-of-force situations. Unlike Most suspect injuries were cuts or use-of-force incidents and of the RCSD, the CPD does not abrasions, but there were also two officer and suspect injuries from use CEDs. dog bites, and one suspect was shot police departments in Austin, in the arm after firing at officers. Texas, and Orlando, Fla., both In nine incidents (out of 109), officers before and after the introduction in the RCSD reported that a Taser Suspect Perceptions 3 of CEDs. did not work properly or did not have In 22 cases, researchers interviewed both the officers and the suspects The Orlando data included 4,222 involved in an incident. Suspects incidents from 1998 to 2006 (CED The use of physical often told a different story than the use began in February 2003). The officer who arrested them. In almost Austin data included 6,596 incidents force by officers all cases, suspects said officers used from 2002 to 2006 (CED use was excessive force and that they were phased in beginning in 2003 and increased the odds of not resisting. Some suspects said was completed in June 2004). Use­ officers used Tasers early in the inter­ of-force cases increased in Orlando officer injury 258 percent. action, and several said the officers after CEDs were deployed, but they seemed to enjoy watching them dropped after full deployment of Not surprisingly, endure the pain. Some suspects said CEDs in Austin. A large drop in injury officers kneed them in the back and rates for suspects and officers alike the odds of officer injury kicked or punched them after they occurred in both cities following were in handcuffs. Some also said CED introduction. also increased when officers used Tasers on them after they were handcuffed. In Orlando, the suspect injury rate suspects resisted by dropped by more than 50 percent compared to the pre-Taser injury using physical force or Implications for Policy, Training rate. In Austin, suspect injury rates when suspects used and Future Research were 30 percent lower after full- CED use is widespread and often

scale Taser deployment. or threatened controversial. Based on their find­ ings, the researchers involved in this

In Orlando, the decline in officer study made recommendations about to use a weapon. injury rates was even greater than whether and how CEDs should fit

for suspects, with the average into the range of less-lethal force

monthly rate dropping by 60 per­ alternatives available to law enforce­

cent after Taser adoption. In Austin, ment officers. officer injuries dropped by 25 the desired effect. Researchers

percent. received reports of multiple Taser If injury reduction is the primary goal, hits on a suspect (i.e., more than one however, agencies that deploy pep­ Interviews with Officers officer using a Taser on a single sus­ per spray and CEDs are clearly at an and Suspects pect) and multiple uses of the Taser advantage. Both weapons prevent in drive stun mode (when the Taser or minimize the physical struggles Researchers also collected qualitative is pressed against a suspect rather that are likely to injure officers and data through interviews with officers than firing darts). suspects alike. and suspects involved in use-of-force incidents. Researchers conducted Nine percent of the officers reported The researchers compared injuries interviews with 219 officers from injuries, almost all of which were reported by the RCSD and by the the Richland County Sheriff’s scrapes, cuts or bruises suffered CPD. Most injuries in both agencies Department, 35 officers from the while struggling with resistant sus­ occurred when officers and suspects Columbia (S.C.) Police Department pects. Officers also reported that 26 struggled on the ground, but the

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differences between the agencies instances of low-level resistance), in terms of percentage of officers Although both pepper there are also concerns about and suspects injured were striking. spray and CEDs CEDs being used too many times The RCSD deputies, most of whom in a single case. Deaths associated carry Tasers, reported fewer inju­ cause pain, they with CED use often involve multiple ries to themselves and suspects CED activations (more than one CED from ground fighting than did CPD reduce injuries; and, at a time) or multiple five-second officers, who do not carry CEDs cycles from a single CED. CED poli­ (9 percent and 31 percent, respec­ according to current cies should require officers to assess tively). Injuries to suspects caused continued resistance after each stan­ by contact with the ground were medical research, dard cycle and should limit use to also lower in RCSD incidents. Some no more than three standard cycles. of the injuries to CPD officers and death or serious Following CED deployment, the sus­ suspects might have been prevented pect should be carefully observed had officers used CEDs instead of harm associated for signs of distress and should be hands-on tactics. medically evaluated at the earliest with their use is rare. opportunity. Although both pepper spray and CEDs cause pain, they reduce Directions for Future Research injuries; and, according to current guidance (and consequences) A critical research question is medical research, death or serious to officers regarding when and whether officers can become too harm associated with their use is under what circumstances CEDs reliant on CEDs. During interviews 4 rare. In that sense, both are safe should and should not be used. with officers and trainers, the and similarly effective at reducing researchers heard comments that injuries. The researchers recom­ Besides setting the resistance hinted at a “lazy cop syndrome.” mend that both should be allowed threshold appropriately (that is, Some officers may turn to a CED as possible responses to defen­ determining the level of suspect too early in an encounter and may sive or higher levels of suspect resistance at which officers should rely on a CED rather than on their resistance. This recommendation be allowed to use CEDs), good conflict resolution skills or even on is followed by most agencies that policies and training would require hands-on applications. responded to a national survey that officers evaluate the age, size, conducted by the Police Executive sex, apparent physical capabilities Another important CED-related 5 Research Forum. and health concerns of a suspect. research project would be a study of In addition, policies and training in-custody deaths involving CED use Policy and Training Issues should prohibit CED use in the and a matched sample of in-custody Related to CEDs presence of flammable liquids or deaths when no CED use occurred. CEDs are rapidly overtaking other in circumstances where falling Advocacy groups argue that CEDs force alternatives. Although the injury would pose unreasonable risks to can cause or contribute to suspect findings suggest that substituting the suspect (e.g., in elevated areas, deaths.6 The subjects in CED experi­ CEDs for physical control tactics adjacent to traffic, etc.). Policies mental settings have all been healthy may decrease the chance of injury, and training should address use on people in relatively good physi­ their ease of use and popularity suspects who are controlled (e.g., cal condition who were not under among officers raise concerns handcuffed or otherwise restrained) the influence of alcohol or drugs. about overuse. and should either prohibit such use However, not all subjects in actual outright or limit it to clearly defined, cases of CED use would meet exper­ CEDs can be used inappropriately. aggravated circumstances. imental requirements of good health. Law enforcement executives can Law enforcement officials typically manage this problem with policies, In addition to the possibility of argue that most, if not all, of the training, monitoring and account­ CEDs being used in too many citizens who died when shocked ability systems that provide clear cases (i.e., inappropriately in

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Study Findings: Factors Affecting Injuries

Physical Force Physical force and hands-on con­ trol increased the risk of injury to officers and citizens. When con­ trolling for the use of CEDs and pepper spray in the multiagency analysis, using force increased the odds of injury to officers by more than 300 percent, and by more than 50 percent to suspects.

Suspect Resistance Increasing levels of suspect resis­ tance were associated with an increased risk of injury to officers research may help to explain how Demographic Characteristics and suspects. The increased injury officers choose to use pepper spray The 12-agency analysis showed risk was especially acute for offi­ instead of CEDs. that male suspects were twice cers. These findings suggest that as likely to be injured as female officers, rather than suspects, CEDs suspects. In that analysis, the face the most increased injury Except for Richland County, where presence of a male suspect risk when suspects resist more its effects were insignificant, CED slightly increased injury risk to vigorously. use substantially decreased the like­ officers. In Seattle, female officers lihood of suspect injury. The analy­ were more than twice as likely Pepper Spray sis of 12 agencies and more than to be injured as male officers. In The overall analysis (of 12 agen­ 24,000 use-of-force cases showed Miami-Dade and Seattle, where cies) showed that pepper spray that the odds of suspect injury suspect race was available as a use reduced the likelihood of injury decreased when a CED was used. variable for analysis, the odds to suspects. For officers, how­ CED adoption by the Orlando and of injury for non-white suspects ever, pepper spray use increased Austin police departments reduced were lower than they were for the likelihood of injury. This find­ injuries to suspects and officers white suspects. ing was unexpected, and further over time.

by a CED would have died if the The National Institute of Justice officers had controlled and arrested funded this study. The complete them in a more traditional hands- study is available at http://www. on fashion. Research is needed to ncjrs.gov/pdffiles1/nij/grants/ understand the differences and simi­ 231176.pdf. larities in cases where suspects died in police custody, including deaths where a CED may or may not be Philip Bulman is a writer with the involved. National Institute of Justice.

NCJ 233281

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Notes 1. Note that more than one use-of-force tac­ tic could be recorded for each incident. Visit NIJ’s Web topic page at http://www.ojp.usdoj.gov/nij/ 2. The other nine agencies included police and sheriff’s departments in Austin, topics/technology/less-lethal/how-ceds-work.htm. Texas; Cincinnati, Ohio; Harris County, Texas; Hillsborough County, Fla.; Los Angeles (both the city and the county); Nashville, Tenn.; Orlando, Fla.; and San CED safety and effectiveness was a topic of discussion at the Antonio, Texas. 2010 NIJ Conference. To listen to the panel, go to http://nij.ncjrs. 3. For a more in-depth description of the gov/multimedia/audio-nijconf2010-ceds.htm. researchers’ approach to their longitudinal analysis, see section 6 of the report, “A Multi-Method Evaluation of Police Use of Force Outcomes.” Available at http://www. ncjrs.gov/pdffiles1/nij/grants/231176.pdf. For more information 4. National Institute of Justice, Study of Deaths Following Electro Muscular n Smith, M.R., R.J. Kaminski, G.P. n National Institute of Justice, Disruption: Interim Report, Washington, Alpert, L. Fridell, J. MacDonald, DC: National Institute of Justice, June Study of Deaths Following Electro 2008, NCJ 222981, http://www.ncjrs.gov/ and B. Kubu, A Multi-Method Muscular Disruption: Interim pdffiles1/nij/222981.pdf. Evaluation of Police Use of Force Report, Washington, DC: National 5. Details about the national survey can Outcomes, Final report submitted Institute of Justice, June 2008, be found in section 3 of the report. to the National Institute of Justice, NCJ 222981, http://www.ncjrs. 6. Amnesty International, ‘Less Than Washington, DC: National Institute gov/pdffiles1/nij/222981.pdf. Lethal?’ The Use of Stun Weapons in US Law Enforcement, London, England: of Justice, July 2010, NCJ 231176, Amnesty International Publications, 2008, http://www.ncjrs.gov/pdffiles1/nij/ http://www.amnesty.org/en/library/info/ grants/231176.pdf. AMR51/010/2008/en.

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U.S. Department of Justice Office of Justice Programs National Institute of Justice

The National Institute of Justice congratulates recipients of the 2010 Graduate Research Fellowships:

Chanin, Joshua. “Negotiated Justice: The Legal, Administrative, and Policy Implications of ‘Pattern or Practice’ Police Misconduct Reform.” Chaired by Dr. David Rosenbloom; Ph.D. expected August 2011, American University.

Johnson, Lallen. “Journeys to Buy and Sell Illegal Narcotics in Philadelphia Drug Markets.” Chaired by Dr. Jerry Ratcliffe; Ph.D. expected May 2011, Temple University.

Ruther, Matthew. “Immigrant Concentration and Homicide Mortality: A Spatial and Temporal Analysis of the Effects of Ethnic Enclaves.” Chaired by Dr. John MacDonald; Ph.D. expected August 2011, University of Pennsylvania.

Sexton, Lori. “Under the Penal Gaze: An Empirical Examination of Penal Consciousness Among Prison Inmates.” Chaired by Dr. Valerie Jenness; Ph.D. expected June 2012, University of California, Irvine.

Socia, Kelly. “Residence Restriction Legislation and Sex Offender Residential Locations in New York.” Chaired by Dr. Alan Lizotte; Ph.D. expected December 2011, University at Albany, SUNY.

For more information on the Graduate Research Fellowship Program, visit http://www.ojp.usdoj.gov/nij/funding/ graduate-research-fellowship/welcome.htm.

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