Chapter Four

© 2013 by Pearson Higher Education, Inc
Upper Saddle River, New Jersey 07458 • All Rights Reserved
Crisis Intervention
William Harmening
Roosevelt University
Harmening, Crisis Intervention: The Criminal Justice Response to Chaos, Mayhem, and
Disaster
Chapter 4
THE 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.
1.3
To 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 Objectives
After 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
Compliance
Measures
Protective
Measures
Defensive
Measures

7
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

8
The Force Continuum
1. Level one: Verbal commands
The 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.
Learning Objectives
1.2

10
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.
Murder
Arson
Robbery
Kidnapping
Vehicular theft
Burglary
Aggravated assault
Rape
Treason

11
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.

12
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.
Learning Objectives
1.3

14
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 motion
84% reported that the sounds around them were subdued
79% reported tunnel vision
74% reported responding to the incident in “automatic pilot”
These perceptual distortions demonstrate the effects
of stress on perception.

15
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.

16
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.”

17
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.

18
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.

19
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 involved 3.59
• Shots fired per officer with 2 officers involved 4.98
• Shots fired per officer with more than 2 officers involved 6.48
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.
Learning Objectives
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.

22
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.

23
Black Male
Police Officer
Low intensity
encounter
High intensity
encounter
Rational Thinking
Mode
Experiential Thinking
Mode
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?

Chapter Four

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Chapter Four