Chapter Four

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved

Crisis InterventionWilliam Harmening

Roosevelt University

Harmening, Crisis Intervention: The Criminal Justice Response to Chaos, Mayhem, and Disaster

Chapter 4THE USE OF FORCE


1.1

1.2

To summarize the concept of force, and to define the force continuum that guides its use.

To explain the legal constraints on the use of force by police and correctional officers.

1.3To summarize the psychology of force, and to define the phenomena of “perceptual distortion” and “contagious

shooting.”

CHAPTER OBJECTIVES

1.4 To explain the potential role race plays in the use of force.

To summarize the concept of force, and to define the force continuum that guides its use.

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

1.1

1.1 The Concept of Force

The Case of Amadou Diallo

In February 1999, Diallo was mistaken by four NYPD detectives for a rape suspect. Diallo was ordered to stop as he entered his apartment complex. As he reached for his identification, the officers fired a total of 41 times in his direction, hitting him 19 times and killing him.

The detectives were eventually charged, but later acquitted after successfully arguing that they thought Diallo was reaching for a weapon.

The case illustrated many of the difficult issues related to the use of force.


What is force?

A police or correctional officer’s use of weapons and techniques designed to effect a suspect’s arrest or compliance, or to control, incapacitate, or even kill a suspect threatening violence against the officer of others.


When is force used by police and correctional officers?

To effect a suspect’s arrest, or an individual’s compliance with an officer’s legal demand or directive.

To protect persons and property from theft, intentional damage, or injury.

To protect oneself from harm at the hands of another person.

Situational Use of Force

ComplianceMeasures

ProtectiveMeasures

DefensiveMeasures

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Verbal Commands

Threat of Force

Non-Lethal Compliance

Disabling Techniques Deadly Force

The Force Continuum

The level of force used is escalated to meet the force level of the threat

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The Force Continuum

1. Level one: Verbal commandsThe officer attempts to gain compliance simply through verbal commands

2. Level two: threat of Force

The officer gains compliance by threatening the use of physical force or a weapon

3. Level three: Non-lethal Compliance

The officer gains control by using non-disabling physical techniques and weapons

4. Level four: Disabling techniques

The officer gains control through the use of techniques and weapons designed physically incapacitate the individual and render them incapable of resisting

5. Level five: Deadly force

The officer gains control of the situation by killing the suspect, or by taking an action that could reasonably be expected to result in death

To explain the legal constraints on the use of force by police and correctional officers.


1.2

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1.2 Legal Constraints

Tennessee v. Garner: The Fleeing Felon Rule

Prior to 1984, police officers were allowed to use force either to protect themselves or others, or to stop the escape of a felon. This provided officers discretionary control over the act of killing, since there was no requirement that officers actually use deadly force against a fleeing felon.

MARK V. BART

The acronym used to instruct officers on which felons they could use deadly force against if they attempted to flee.

MurderArsonRobberyKidnappingVehicular theftBurglaryAggravated assaultRapeTreason

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On October 3, 1974, two Memphis patrolmen were dispatched to a possible burglary in progress. When they reached the rear of the house they spotted 15-year-old Edward Garner running across the yard. He was ordered by the officers to stop, but refused and began climbing a fence. One of the officers fired, striking Garner in the head and killing him.

The officers were cleared of any wrongdoing since the shooting was allowed under Tennessee law. In 1985 the U.S. Supreme Court heard the case of Tennessee v. Garner (471 U.S. 1). The Court’s decision struck down the fleeing felon rule.

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Since the Court’s decision in Garner, officers are now allowed to use only the amount of force that is reasonable and necessary under the circumstances.

Deadly force by an officer is no longer allowed except to confront a like amount of force in an effort to save themselves or others from imminent harm.

EX: During a civil disorder, rioters are throwing rocks at officers.Deadly force is likely NOT justified, since the officers have the ability to move to a safer location. Also, it would be difficult to argue that rocks represent deadly force on the part of the rioters.

EX: During the same civil disorder, a rioter is preparing to throw a Molotov cocktail at a group of officers.Deadly force IS likely justified, since the Molotov cocktail could potentially bring significant harm or even death to an officer.

To summarize the psychology of force and define the phenomena of perceptual distortion and contagious shooting.


1.3

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1.3 Psychology of Force

The Role of Perception

Perception: The process by which we interpret and understand stimuli in our sensory field. It is highly effected by emotion.

In a survey of 157 officers involved duty-related shootings…

62% reported viewing the incident in slow motion84% reported that the sounds around them were subdued79% reported tunnel vision74% reported responding to the incident in “automatic pilot”

These perceptual distortions demonstrate the effects of stress on perception.

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How is cognition effected by stress?

Cognition is how we think and process information. People have two distinct cognitive modes:

Rational-thinking mode: This is how we normally think as we go about our day. We take in new information, process it, and make sense of it.

Experiential-thinking mode: The automatic, rapid thinking we shift to when we don’t have the time needed to analyze a situation before we act.

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Police and correctional officers often shift into Experiential-thinking mode in a stressful situation demanding immediate action. This is often the case in situations where deadly force is used. In this cognitive mode, perception is often distorted. Consider the following statements made by officers…“If it hadn’t been for the recoil, I wouldn’t have known my gun was working. Not only didn’t I hear the shots, but afterwards my ears weren’t even ringing.”

“I saw the suspect suddenly point the gun at my partner. As I shot him, I saw my partner go down in a spray of blood. I ran over to help, and he was standing there unharmed. The suspect never even got off a shot.”

“When I got home after the shooting, my wife told me that I had called her on my cell phone during the pursuit of the violent suspect just before the shooting. I have no memory of making that call.”

“I told the SWAT team that the suspect was firing at me from down a long dark hallway about 40 feet long. When I went back to the scene the next day, I was shocked to discover that he had actually been only about 5 feet in front of me in an open room. There was no dark hallway.”

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In Experiential-thinking mode, our brains attempt to quickly fill in the gaps to make sense of what is happening since we do not have the benefit of our rational thinking. This “filling-in-the-gap” is based on our experience and happens below the level of conscious awareness. This is why an officer sees a gun in a suspect’s hand when there is no gun present. Given the officer’s experience, in the stress of the moment they see what they expect and anticipate rather than what they actually observe. Their perception has been distorted by their experience.

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The benefit of frequent and realistic training in law enforcement and corrections is that it reduces the level of stress the officer experiences in a real situation, and with less stress there is less cognitive distortion when they shift into experiential-thinking mode.

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Contagious Shooting

A phenomenon in which police officers tend to fire their weapons in response to another officer firing first, and without determining if their use of force is even necessary.

A survey of L.A. County police shootings revealed the following:

• Shots fired per officer with only 1 officer involved3.59• Shots fired per officer with 2 officers involved 4.98• Shots fired per officer with more than 2 officers involved6.48

One theory suggests that our brains signal a prediction error when our planned behavior is in conflict with the group’s, thus compelling us to change our behavior (Klucharev, 2009). This happens automatically while in experiential-thinking mode.

To explain the potential role race plays in the use of force.


1.4

21

1.4 The Role of Race

The Role of Race in the Use of Force

The Bureau of Justice Statistics (2001) reports that in 1978, before the Garner decision, the rate at which police officers justifiably killed African-Americans was 8 times that of whites. In 1998, long after the Garner decision, the rate was still 4 times that of whites.

Geller and Scott (1992) point out the following:• Chicago police officers shot at Blacks 3.8 times more than at whites during the 1970s.

• NYPD officers shot at Blacks 6 times more than whites during the 1970s

• Dallas officers shot at Blacks 4.5 times more than at whites during the 1970s and 1980s

• St. Louis police officers shot at Blacks 7.7 times more than at whites from 1987 to 1991

• Memphis police officers fatally shot at Blacks 5.1 times more than at whites from 1969 to 1974.

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Why are more Blacks shot at than Whites? Payne (2001) looked at the possibility that officers may misperceive the presence of a gun more often with Black suspects. The results of his study supported this hypothesis.

When we are operating from our experiential-thinking mode, our perception is influenced by our stereotypical associations.

Payne suggested that because officers associate Blacks with violence and crime, they more often misperceive the presence of a gun in the hands of black suspects.

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Black Male

Police Officer

Low intensityencounter

High intensityencounter

Rational ThinkingMode

Experiential ThinkingMode

Stereotypical Association

Officer sees a gun when

none is present

Officer sees no gun


Police and correctional officers use various levels of force to gain compliance, effect arrests, and protect themselves and others from harm. The level of force they are allowed to use must be commensurate with

the level of threat they face.

Prior to 1984, officers were allowed to use deadly force to protect themselves and others, and also to stop fleeing felons. As a result of the U.S. Supreme

Court’s decision in Tennessee v. Garner, deadly force can now be applied by officers only to protect

themselves or others from death or serious harm.

An officer’s perception of a situation can be greatly effected by stress and other emotions. Cognitive

distortions may occur as the officer shifts into experiential-thinking mode. This phenomenon can be

minimized with training.

A suspect’s race may increase the likelihood of cognitive distortions due to the officer’s stereotypical

associations.

CHAPTER SUMMARY

1.1

1.2

1.3

1.4


DISCUSSION QUESTIONS

1. The level of force a police or correctional officer chooses to use is determined by his/her state of mind? Do you believe this discretion should be allowed, or should the use of force be more heavily regulated by legislation?

2. Should the police be held accountable for a misuse of force, such as in the case of Amadou Diallo, even when it was their perception at the time that such force was necessary to protect lives, including possibly their own?

3. Think of a time when you got caught up in the moment and found yourself doing something just because everyone else was doing it, such as running down the aisle of a department store to grab the latest toy craze without even considering why you would want it. Now relate that to the phenomenon of “contagious shooting.” Are there similarities?

Technology

Chapter Four