Chapter Four


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Chapter Four

  1. 1. © 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedCrisis InterventionWilliam HarmeningRoosevelt UniversityHarmening, Crisis Intervention: The Criminal Justice Response to Chaos, Mayhem, andDisasterChapter 4THE USE OF FORCE
  2. 2. © 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved1.11.2To summarize the concept of force, and to define the forcecontinuum that guides its use.To explain the legal constraints on the use of force by police andcorrectional officers.1.3To summarize the psychology of force, and to define thephenomena of “perceptual distortion” and “contagiousshooting.”CHAPTER OBJECTIVES1.4 To explain the potential role race plays in the use of force.
  3. 3. To summarize the concept offorce, and to define the forcecontinuum that guides its use.Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes1.1
  4. 4. 1.1 The Concept of ForceThe Case of Amadou DialloIn February 1999, Diallo was mistaken by fourNYPD detectives for a rape suspect. Diallo wasordered to stop as he entered his apartmentcomplex. As he reached for his identification, theofficers fired a total of 41 times in his direction,hitting him 19 times and killing him.The detectives were eventually charged, but lateracquitted after successfully arguing that theythought Diallo was reaching for a weapon.The case illustrated many of the difficult issuesrelated to the use of force.
  5. 5. 1.1 The Concept of ForceWhat is force?A police or correctional officer’s use ofweapons and techniques designed to effect asuspect’s arrest or compliance, or to control,incapacitate, or even kill a suspect threateningviolence against the officer of others.
  6. 6. 1.1 The Concept of ForceWhen is force used by police and correctional officers?To effect a suspect’s arrest, or anindividual’s compliance with anofficer’s legal demand or directive.To protect persons and property fromtheft, intentional damage, or injury.To protect oneself from harm at thehands of another person.Situational Useof ForceComplianceMeasuresProtectiveMeasuresDefensiveMeasures
  7. 7. 71.1 The Concept of ForceVerbalCommandsThreat ofForceNon-LethalComplianceDisablingTechniquesDeadlyForceThe Force ContinuumThe level of force used is escalated to meet the force level of the threat
  8. 8. 81.1 The Concept of ForceThe Force Continuum1. Level one: Verbal commandsThe officer attempts to gain compliance simply through verbal commands2. Level two: threat of ForceThe officer gains compliance by threatening the use of physical force or a weapon3. Level three: Non-lethal ComplianceThe officer gains control by using non-disabling physical techniques and weapons4. Level four: Disabling techniquesThe officer gains control through the use of techniques and weapons designed physicallyincapacitate the individual and render them incapable of resisting5. Level five: Deadly forceThe officer gains control of the situation by killing the suspect, or by taking an action thatcould reasonably be expected to result in death
  9. 9. To explain the legal constraints on theuse of force by police andcorrectional officers.Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes1.2
  10. 10. 101.2 Legal ConstraintsTennessee v. Garner: The Fleeing Felon RulePrior to 1984, police officers were allowed to use force either to protectthemselves or others, or to stop the escape of a felon. This providedofficers discretionary control over the act of killing, since there was norequirement that officers actually use deadly force against a fleeing felon.MARK V. BARTThe acronym used to instruct officers on which felons they could usedeadly force against if they attempted to flee.MurderArsonRobberyKidnappingVehicular theftBurglaryAggravated assaultRapeTreason
  11. 11. 111.2 Legal ConstraintsTennessee v. Garner: The Fleeing Felon RuleOn October 3, 1974, two Memphis patrolmen were dispatched to apossible burglary in progress. When they reached the rear of thehouse they spotted 15-year-old Edward Garner running across theyard. He was ordered by the officers to stop, but refused andbegan climbing a fence. One of the officers fired, striking Garner inthe head and killing him.The officers were cleared of any wrongdoing since the shootingwas allowed under Tennessee law. In 1985 the U.S. Supreme Courtheard the case of Tennessee v. Garner (471 U.S. 1). The Court’sdecision struck down the fleeing felon rule.
  12. 12. 121.2 Legal ConstraintsTennessee v. Garner: The Fleeing Felon RuleSince the Court’s decision in Garner, officers are now allowed to use onlythe amount of force that is reasonable and necessary under thecircumstances.Deadly force by an officer is no longer allowed except to confront a likeamount of force in an effort to save themselves or others from imminentharm.EX: During a civil disorder, rioters are throwing rocks at officers.Deadly force is likely NOT justified, since the officers have the ability tomove to a safer location. Also, it would be difficult to argue that rocksrepresent deadly force on the part of the rioters.EX: During the same civil disorder, a rioter is preparing to throw a Molotovcocktail at a group of officers.Deadly force IS likely justified, since the Molotov cocktail could potentiallybring significant harm or even death to an officer.
  13. 13. To summarize the psychology of forceand define the phenomena ofperceptual distortion and contagiousshooting.Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes1.3
  14. 14. 141.3 Psychology of ForceThe Role of PerceptionPerception: The process by which we interpret andunderstand stimuli in our sensory field. It is highlyeffected by emotion.In a survey of 157 officers involved duty-relatedshootings…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 effectsof stress on perception.
  15. 15. 151.3 Psychology of ForceThe Role of PerceptionHow 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 thinkas we go about our day. We take in new information,process it, and make sense of it.Experiential-thinking mode: The automatic, rapidthinking we shift to when we don’t have the timeneeded to analyze a situation before we act.
  16. 16. 161.3 Psychology of ForceThe Role of PerceptionPolice and correctional officers often shift intoExperiential-thinking mode in a stressful situationdemanding immediate action. This is often the case insituations where deadly force is used. In this cognitivemode, perception is often distorted. Consider thefollowing 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 sprayof 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 thepursuit 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 onlyabout 5 feet in front of me in an open room. There was no dark hallway.”
  17. 17. 171.3 Psychology of ForceThe Role of PerceptionIn Experiential-thinking mode, our brains attempt toquickly fill in the gaps to make sense of what ishappening since we do not have the benefit of ourrational thinking. This “filling-in-the-gap” is based onour experience and happens below the level ofconscious awareness. This is why an officer sees a gunin a suspect’s hand when there is no gun present.Given the officer’s experience, in the stress of themoment they see what they expect and anticipaterather than what they actually observe. Theirperception has been distorted by their experience.
  18. 18. 181.3 Psychology of ForceThe Role of PerceptionThe benefit of frequent and realistic training in lawenforcement and corrections is that it reduces thelevel of stress the officer experiences in a realsituation, and with less stress there is less cognitivedistortion when they shift into experiential-thinkingmode.
  19. 19. 191.3 Psychology of ForceContagious ShootingA phenomenon in which police officers tend to firetheir weapons in response to another officer firing first,and without determining if their use of force is evennecessary.A survey of L.A. County police shootings revealed thefollowing:• 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 6.48One theory suggests that our brains signal a prediction error when ourplanned behavior is in conflict with the group’s, thus compelling us tochange our behavior (Klucharev, 2009). This happens automaticallywhile in experiential-thinking mode.
  20. 20. To explain the potential role raceplays in the use of force.Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes1.4
  21. 21. 211.4 The Role of RaceThe Role of Race in the Use of ForceThe Bureau of Justice Statistics (2001) reports that in1978, before the Garner decision, the rate at whichpolice officers justifiably killed African-Americans was8 times that of whites. In 1998, long after the Garnerdecision, 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 to1974.
  22. 22. 221.4 The Role of RaceThe Role of Race in the Use of ForceWhy are more Blacks shot at than Whites? Payne(2001) looked at the possibility that officers maymisperceive the presence of a gun more often withBlack suspects. The results of his study supported thishypothesis.When we are operating from our experiential-thinkingmode, our perception is influenced by ourstereotypical associations.Payne suggested that because officers associateBlacks with violence and crime, they more oftenmisperceive the presence of a gun in the hands ofblack suspects.
  23. 23. 231.4 The Role of RaceThe Role of Race in the Use of ForceBlack MalePolice OfficerLow intensityencounterHigh intensityencounterRational ThinkingModeExperiential ThinkingModeStereotypicalAssociationOfficer sees agun whennone ispresentOfficer seesno gun
  24. 24. © 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedPolice and correctional officers use various levels of force togain compliance, effect arrests, and protect themselves andothers from harm. The level of force they are allowed to usemust be commensurate with the level of threat they face.Prior to 1984, officers were allowed to use deadly force toprotect 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 toprotect themselves or others from death or serious harm.An officer’s perception of a situation can be greatly effected bystress and other emotions. Cognitive distortions may occur asthe officer shifts into experiential-thinking mode. Thisphenomenon can be minimized with training.A suspect’s race may increase the likelihood of cognitivedistortions due to the officer’s stereotypical associations.CHAPTER SUMMARY1.
  25. 25. © 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights ReservedDISCUSSION QUESTIONS1. The level of force a police or correctional officer chooses touse is determined by his/her state of mind? Do you believethis discretion should be allowed, or should the use of forcebe more heavily regulated by legislation?2. Should the police be held accountable for a misuse offorce, such as in the case of Amadou Diallo, even when itwas their perception at the time that such force wasnecessary to protect lives, including possibly their own?3. Think of a time when you got caught up in the moment andfound yourself doing something just because everyone elsewas doing it, such as running down the aisle of adepartment store to grab the latest toy craze without evenconsidering why you would want it. Now relate that to thephenomenon of “contagious shooting.” Are theresimilarities?