Less Lethal Use of Force

Less Lethal Use of Force

Law Enforcement Executive FORUM Less Lethal Use of Force July 2008 Law Enforcement Executive Forum Illinois Law Enforcement Training and Standards Board Executive Institute Western Illinois University 1 University Circle Macomb, IL 61455-1390 Senior Editor Thomas J. Jurkanin, PhD Editor Vladimir A. Sergevnin, PhD Associate Editors Jennifer Allen, PhD School of Law Enforcement and Justice Administration, Western Illinois University Barry Anderson, JD School of Law Enforcement and Justice Administration, Western Illinois University Tony Barringer, EdD Division of Justice Studies, Florida Gulf Coast University Lewis Bender, PhD Department of Public Administration and Policy Analysis, Southern Illinois University at Edwardsville Michael Bolton, PhD Chair, Department of Criminal Justice and Sociology, Marymount University Dennis Bowman, PhD School of Law Enforcement and Justice Administration, Western Illinois University Becky K. da Cruz Criminal Justice and Law and Society, Armstrong Atlantic State University Jose de Arimateia da Cruz Political Science and Comparative Politics, Armstrong Atlantic State University Weysan Dun Special Agent-in-Charge, FBI, Newark Division Kenneth Durkin, MA School of Law Enforcement and Justice Administration, Western Illinois University Larry Hoover, PhD Director, Police Research Center, Sam Houston State University William Lewinski, PhD Director, Force Science Research Center, Minnesota State University William McCamey, PhD School of Law Enforcement and Justice Administration, Western Illinois University John Millner State Senator of 28th District, Illinois General Assembly Stephen A. Morreale, DPA School of Public Policy and Administration/Criminal Justice, Walden University Gregory Boyce Morrison Department of Criminal Justice and Criminology, Ball State University Michael J. Palmiotto Wichita State University Law Enforcement Executive Forum • 2008 • 8(4) Associate Editors (cont.) Gene L. Scaramella, PhD Dean of Graduate Studies, Ellis College of New York Institute of Technology Wayne Schmidt, LL.M., JD Director, Americans for Effective Law Enforcement Editorial Production Document and Publication Services, Western Illinois University, Macomb, Illinois Production Assistant Linda Brines The Law Enforcement Executive Forum is published six times per year by the Illinois Law Enforcement Training and Standards Board Executive Institute located at Western Illinois University in Macomb, Illinois. Subscription: $40 (see last page) ISSN 1552-9908 No part of this publication may be reproduced without written permission of the publisher. Disclaimer Reasonable effort has been made to make the articles herein accurate and consistent. Please address questions about individual articles to their respective author(s). Law Enforcement Executive Forum • 2008 • 8(4) Table of Contents Editorial ................................................................................................................. i Vladimir A. Sergevnin Less Lethal Use of Force The Continuum of Force and Less-Lethal Options ........................................ 1 David Grossi Nonlethal Use-of-Force Policy: Perceptions from the Front Line ............... 7 William Terrill Eugene A. Paoline III Jason R. Ingram Commentary on Conducted Energy Weapon Safety and Associated Research ........................................................................................... 21 Chris Lawrence TASER Training, Use, and Effectiveness: Analyzing Issuance and Deployment Issues in a Large Law Enforcement Agency .................. 31 Frank A. Colaprete James F. Ingerick III Nonlethal Weapons: The Promise and the Challenge ................................... 41 Greg Meyer Verbal Judo: A Gentle but Powerful Form of Less-than-Lethal Force ....... 53 Claudia San Miguel Bonnie Rudolph Cumulative Force Factor: Examining Resultant Suspect and Officer Injuries ................................................................................................................. 67 Ross Wolf Charlie Mesloh Mark Henych Medical Aspects of Less-Lethal Weapons ........................................................ 81 Christian Sloane Gary Vilke Scott v. Harris, Police Use of Force, and High-Speed Pursuits: Born to Run .......................................................................................................... 95 Thomas Hughes Terry D. Edwards Analyzing Detainee Resistance and Detention Officer Use of Force in Michigan Jails ................................................................................................. 107 Darrell L. Ross Law Enforcement Executive Forum • 2008 • 8(4) A Survey of the Research on Human Factors Related to Lethal Force Encounters: Implications for Law Enforcement Training, Tactics, and Testimony ..................................................................... 129 Audrey Honig William J. Lewinski Police Addressing Police Officer-Initiated Domestic Violence: An Inservice Training Program for Primary Prevention............................. 153 Marva Dawkins Marvin P. Dawkins Douglas Craig Stephen Griffin Law Enforcement Officers’ Knowledge and Perception of Family Violence .................................................................................................. 167 Lacy Henderson Rhonda R. Dobbs Alejandro del Carmen International The Problem of Policing Economic Crime in Russia ..................................... 185 Sergei Cheloukhine Materials/publications are available through the Illinois Law Enforcement Training and Standards Board Executive Institute. Law Enforcement Executive Forum • 2008 • 8(4) Editorial In an era marked by rapid technological development, an increasingly litigious citizenry, and an ongoing critical review of all government practices by the general public, special interest groups, legislative bodies, and the courts, law enforcement administrators must constantly review administrative and operational practices for relevancy and workability. Police policies and practices must be updated to adequately address changing patterns occurring within the society at large. Use of force by police, including deadly force, has always been an area of critical concern for police administrators. Written policy, training, and supervision have been the means by which such administrators have sought to ensure strict compliance with applicable law and acceptable standards. With the introduction of increasingly sophisticated technology/equipment and the development of attendant models for use and deployment (tactics) of such technology, many police agencies now encourage full consideration of less lethal use of force alternatives. Perhaps the best example of how new technology has impacted police policy and practice relative to less lethal use of force is the use of electro-muscular disruption devices. The following provides an illustration: While many agencies throughout Illinois bought and deployed electro- muscular disruption devices, there were no statewide standards for the use of such devices. Customarily, the company selling the device would require training, but such training was not reviewed, approved or certified by a state governmental agency, such as the state POST (Police Officer’s Training and Standards’ Board). One small police agency in Illinois deployed an electro- muscular device (three times) on a teenager who had a history of mental illness. The teen died following the incident. The electro-muscular disruption device was later found not to be the cause of death. Nevertheless, there was public outcry charging the police with using inappropriate tactics. As a result, the Illinois State Senate passed a resolution directing the Illinois Law Enforcement Training and Standards Board to conduct a study of the use of electro-muscular devices by Illinois law enforcement agencies and officers, and to recommend Model Policies, Guidelines, and Training for Illinois law enforcement agencies and officers employing such devices. (The complete study can be viewed at www.ptb.state.il.us.) This edition of the Forum focuses on less lethal use of force by police and related issues of consideration, including policy development, training, deployment, and review/evaluation. Public policy events and decisions, such as the one illustrated above, will become commonplace as new technology and alternative tactics for employing less lethal use of force develop. Thomas J. Jurkanin, PhD Senior Editor Director, Illinois Law Enforcement Training Standards Board Law Enforcement Executive Forum • 2008 • 8(4) i The Continuum of Force and Less-Lethal Options David Grossi, Police Procedures Expert Most law enforcement managers and other law enforcement professionals accept the fact that our Fourth Amendment has long recognized that the right to make an arrest or investigatory stop carries with it the right to use some degree of physical force (or threat thereof) to effect it. It is also a fact that resistance is commonplace today. Studies dating back over a quarter century show that about half of all arrestees challenge the officer making the arrest, at least verbally (Sykes & Brent, 1983). There is also ample anecdotal evidence from the field that indicates about 75% of subjects who assault police officers are likely to be under the influence of alcohol or drugs. In fact, intoxicated subjects are almost three times as likely to physically engage officers as subjects who are not intoxicated (International Association of Chiefs of Police [IACP], 2001). While it is not surprising that a great many use-of-force situations

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