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Posts tagged use of force
Moving beyond “Best Practice”: Experiences in Police Reform and a Call for Evidence to Reduce Officer Involved Shootings

By Robin S. Engel, Hannah D. McManus, and Gabrielle T. Isaza

In post-Ferguson America, police departments are being challenged to implement evidence-based changes in policies and training to reduce fatal police-citizen encounters. Of the litany of recommendations believed to reduce police shootings, five have garnered widespread support: body-worn cameras, de-escalation training, implicit bias training, early intervention systems, and civilian oversight. These highly endorsed interventions, however, are not supported by a strong body of empirical evidence that demonstrates their effectiveness. guided by the available research on evidence-based policing and informed by the firsthand experience of one of the authors in implementing departmental reforms that followed the fatal shooting of a civilian by an officer, this article highlights promising reform strategies and opportunities to build the evidence base for effective use-of-force reforms. We call upon police executives to engage in evidence-based policing by scientifically testing interventions, and we call on academics to engage in rapid research responses for critical issues in policing.

Annals of the American Academy of Political and Social Science, 687(1), 146–165. 2020

De-escalation technology : the impact of body-worn cameras on citizen-police interactions

By Daniel AC Barbosa Thiemo Fetzer Caterina Soto & Pedro CL Souza

We provide experimental evidence that monitoring of the police activity through body-worn cameras reduces use-of-force, handcuffs and arrests, and enhances criminal reporting. Stronger treatment effects occur on events classified ex-ante of low seriousness. Monitoring effects are moderated by officer rank, which is consistent with a career concern motive by junior officers. Overall, results show that the use of body-worn cameras de-escalates conflicts

Warwick Economics Research Papers . Coventry, UK: University of Warwick, 2021. 56p.

Police lethal force and accountability : monitoring deaths in Western Europe

By Brian Rappert, Otto Adang, Aline Daillère, Jasper De Paepe (UGent) , Abi Dymond, Marleen Easton (UGent) and Stephen Skinner

The use of force by the police and other law enforcement officers has long been a significant topic of concern, especially when it results in death. This issue and the controversies around it have recently been highlighted by a series of high-profile deaths in 2020. Police Lethal Force and Accountability assesses the frequency of deaths, and the availability and reliability of information regarding deaths, associated with the application of force by law enforcement agencies in four jurisdictions: Belgium, England & Wales, France and the Netherlands. By adopting a common set of considerations for assessing the policies and practices within these individual jurisdictions, this report enables comparisons to be made across them. In doing so, we look to provide those in policing agencies, campaigning groups, government ministries and others, with sound information with which they can identify priorities to ensure uses of force are being accurately recorded and investigated. By enabling those concerned to understand how uses of force are recorded and addressed in comparison with other jurisdictions, we hope this report will help them to build a stronger case when holding public institutions accountable and identifying points for improvement. As documented, while deaths from the use of force appear relatively rare across these four jurisdictions when compared to countries such as the US1 , the procedures 1 In the US, roughly 1,110 police killings have taken place annually over recent years, see https://mappingpoliceviolence.org/national trends, (accessed 4 December 2020). and policies for recording, investigating and disclosing details associated with deaths are wanting. The availability of official information on the number of deaths associated with the use of force, its reliability, and the extent of details collected on those that die at the hands of the state vary from country to country. While there are elements of good practice, the procedures and policies are often lacking in critical respects. As a result of such deficiencies, it is difficult to assess many important dimensions of policing, including whether some communities are disproportionality subjected to the lethal use of force. Ultimately, reducing the extent of police force requires addressing underlying societal conditions associated with employment, health, housing and education. However, more can be done by law enforcement agencies, as well as by their oversight bodies and government ministers. Assembling data and evidence that is accessible, relevant and useful to those concerned with lethal force is a necessary step to enhance accountability for, and possibly prevent, deaths. In the context of democratic societies, the police and police-related bodies not only need to act on what they know in order to learn lessons, but also to demonstrate they are doing so to the populations they are meant to serve. Every death associated with the use of force by law enforcement officials should be recorded, recognised and investigated. No one’s death should go unacknowledged and unexamined.

Exeter, UK: University of Exeter, et al. 2020. 63p.

Factors associated with police shooting mortality: A focus on race and a plea for more comprehensive data

John A. Shjarback

Objectives: To quantify nonfatal injurious police shootings of people and examine the factors associated with victim mortality.

Methods: We gathered victim-level data on fatal and nonfatal injurious police shootings from four states that have such information publicly available: Florida (2009–14), Colorado (2010–19), Texas (2015–19), and California (2016–19). For each state, we examined bivariate associations between mortality and race/ethnicity, gender, age, weapon, and access to trauma care. We also estimated logistic regression models predicting victim mortality in each state.

Results: Forty-five percent of these police shooting victims (N = 1,322) did not die. Black–white disparities were more pronounced in nonfatal injurious police shootings than in fatal police shootings. Overall, Black victims were less likely than white victims to die from their wound(s). Younger victims were less likely to die from their wound(s), as well as those who were unarmed.

Conclusions: Racial and age disparities in police shootings are likely more pronounced than previous estimates suggest.

Policy implications: Other states should strongly consider compiling data like that which is currently being gathered in California. Absent data on nonfatal injurious police shootings–which account for a large share of deadly force incidents–researchers and analysts must be cautious about comparing and/or ranking jurisdictions in terms of their police-involved fatality rates.

PLOS ONE, Nov. 2021. 14p.

Deadly Discretion: The Failure of Police Use of Force Policies to Meet Fundamental International Human Rights Law and Standards

By University of Chicago Law School - Global Human Rights Clinic,

This Report is being published in the midst of a long series of horrifying incidents of police abuse of power in the United States. The deaths of George Floyd, Lacquan McDonald, Eric Garner, Michael Brown, Ahmaud Arbery, Tony McDade, Regis Korchinski-Paquet, Breonna Taylor and many others, have echoed throughout the communities of this nation and prompted protests across the country. The video and testimonies from these incidents provide grim illustrations of the power law enforcement officers have over the people they are sworn to serve and protect, and the deadly consequences when they abuse that power. Society vests law enforcement with the responsibility to protect public safety and enforce the law when necessary. For these reasons, and these reasons only, law enforcement officers are granted the immense power to use force, including lethal force. This authority—state sanctioned violence—necessarily comes with limits and obligations to ensure those who enforce the law do not abuse it. These limits and obligations require that police use their power in a manner that protects and serves the entire community that has vested them with this privilege. The exercise of this authority also requires accountability when abuses occur. Without accountability, state sanctioned violence is nothing but the exercise of arbitrary brute force, a common tool of tyrannical and despotic governments. Yet, as endless reports and studies have indicated, the police in the United States do not always use their power in a manner that reflects the restraint, care and humility promised to its people. The many and terrible deaths of unarmed African Americans, the targeting of poor communities and communities of color, and the absence of a mandate to protect individuals from domestic violence, all sanctioned by the Supreme Court of the United States in the name of police discretion, have scarred many and raised questions of whether the police sufficiently serve their mandate.2

Chicago: University of Chicago Law School, 2020. 105p.

Two processes of dehumanization: an in-depth study of racial biases in real-life officer-involved shootings of black citizens

By Anne Nassauer

Officer-involved shootings (OIS) of people of color concern fundamental societal issues, including race, violence, and policing. While scholars have gathered extensive insights on contextual circumstances of OIS, the unfolding of encounters still remains a black box, and research is still debating whether racialized biases actually matter for shootings. To study this question, this article discusses findings from an in-depth analysis of real life OIS as they unfold. It triangulates video footage with document data to analyze the role of racial biases and situational interaction in shootings. It compares police shootings of black and white citizens, as well as a police-citizen encounter that did not end in a shooting. Findings suggest two intertwined processes of dehumanization contribute to the shootings of black citizens, one operating on the cultural and one on the situational level. The article contributes to research on race and racism, violence, police use of lethal force, and sociological theory.     

   Ethnic and Racial Studies , 2023.

The Impact of Suspect Resistance, Informational Justice, and Interpersonal Justice on Time Until Police Use of Physical Force: A Survival Analysis

By Eric Piza and Victoria A. Sytsma 

  The current study applies Systematic Social observation (SSO) to body-worn camera (BWC) footage of use of physical force events in Newark, NJ. The analysis tests the effect of suspect resistance and police officer interpersonal and informational justice tactics on time until use of physical force in police-citizen encounters. The results indicate police officer actions have a greater effect on the time until physical force than does suspect resistance. Officer adherence to informational justice is negatively associated to the time until both first use of force and highest level of force. Suspect resistance did not achieve statistical significance in any model. This study has implications for research and police practice, and demonstrates the benefits of leveraging video footage in criminological research.

Crime & Delinquency 2022.

Psychological and sociological factors influencing police officers' decisions to use force: a systematic literature review

By Sébastien Cojean, Nicolas Combalbert & Anne Taillandier-Schmitt  

  Aim: Police action is frequently discussed and almost always monitored. The aim of this systematic review is to identify the psychological and social factors underlying police officers' decisions to use force. Methodology: Scientific articles were selected from six databases (PsycINFO, PsycARTICLES, Psychology and Behavioral Sciences Collection, HeinOnline, ScienceDirect, PubMed). Results We found 923 articles matching our search, and 52 were retained based on their results regarding the psychological factors underlying police officers' decisions to use force and the decision-making process itself. We found that the most frequently studied factors were belonging to an ethnic minority, carrying a conducted energy device (CED), the police department’s policies and managerial organization, and the environment in which the encounter occurred. However, it seems that the most predictive factor in the decision to use force is the resistance and behavior of the suspect.   

International Journal of Law and Psychiatry. Volume 70, May–June 2020

Police Expertise and Use of Force: Using a Mixed-Methods Approach to Model Expert and Novice Use-of-Force Decision-Making

By Laura Mangels & Joel Suss & Brian Lande  

  Improving police use-of-force training is methodologically difficult. By providing a method for identifying the “expert” response to any given scenario, and by triangulating multiple methods, we aim to contribute towards police departments’ capacities to engage in more effective and targeted training. Forty-two police experts and 36 novices watched five scenarios taken from body-worn camera footage. The videos would pause at several points, and respondents gave both close-ended survey answers and open-ended written answers. Using a mixed-methods approach combining quantitative regression and natural-language processing techniques, we triangulated our findings to reach conclusions regarding the differences between experts and novices. Relative to novices, expert police officers were more likely to report the importance of force mitigation opportunities to any given scenario in close-ended questions, and were more likely to use words associated with verbal de-escalation; novices were more likely to use words associated with physical control.  

  Journal of Police and Criminal Psychology, Volume: 35 Dated: 2020 Pages: 294-303

Investigation of the Orange County District Attorney’s Office and the Orange County Sheriff’s Department

By the  U.S. Department of Justice Civil Rights Division 

 The United States has conducted an extensive investigation of the Orange County District Attorney’s Office (OCDA) and the Orange County Sheriff’s Department (OCSD), pursuant to our authority under the Violent Crime Control and Law Enforcement Act of 1994, 34 U.S.C. § 12601 (previously codified at 42 U.S.C. § 14141). We have determined that there is reasonable cause to believe that the Orange County District Attorney’s Office and the Orange County Sheriff’s Department engaged in a pattern or practice of conduct—the operation of a custodial informant program—that systematically violated criminal defendants’ right to counsel under the Sixth Amendment and right to due process of law under the Fourteenth Amendment. While our review focused on custodial informant activity from 2007 through 2016, the informant controversy continues to undermine public confidence in the integrity of the Orange County criminal legal system. Neither agency has implemented sufficient remedial measures to identify criminal cases impacted by unlawful informant activities or prevent future constitutional violations. This report provides a public accounting of the scope and impact of the informant program on the Orange County criminal legal system. … We focused our investigation on: (1) whether OCDA and OCSD used custodial informants to elicit incriminating statements from individuals in the Orange County Jail, after those individuals had been charged with a crime, in violation of the Sixth Amendment; and (2) whether OCDA failed to disclose exculpatory evidence about those custodial informants to criminal defendants in violation of the Fourteenth Amendment. We reviewed thousands of pages of documents, made  numerous site visits to OCDA and OCSD, and conducted dozens of interviews in the course of our investigation. In particular, we conducted 17 transcribed interviews with OCDA prosecutors about specific cases they personally handled involving custodial informants. The evidence reveals that custodial informants in the Orange County Jail system acted as agents of law enforcement to elicit incriminating statements from defendants represented by counsel, and that for years OCSD maintained and concealed systems to track, manage, and reward those custodial informants. The evidence also reveals that OCDA prosecutors failed to seek out and disclose to defense counsel exculpatory information regarding custodial informants. We therefore have reasonable cause to believe that this pattern or practice of conduct by both agencies resulted in systematic violations of the Sixth and Fourteenth Amendments.     

Washington, DC: The Author, 2022. 63p.

Risk of being killed by police use of force in the United States by age, race–ethnicity, and sex

By  Frank Edwards, Hedwig Leeb  and Michael Espositoc

We use data on police-involved deaths to estimate how the risk of being killed by police use of force in the United States varies across social groups. We estimate the lifetime and age-specific risks of being killed by police by race and sex. We also provide estimates of the proportion of all deaths accounted for by police use of force. We find that African American men and women, American Indian/Alaska Native men and women, and Latino men face higher lifetime risk of being killed by police than do their white peers. We find that Latina women and Asian/Pacific Islander men and women face lower risk of being killed by police than do their white peers. Risk is highest for black men, who (at current levels of risk) face about a 1 in 1,000 chance of being killed by police over the life course. The average lifetime odds of being killed by police are about 1 in 2,000 for men and about 1 in 33,000 for women. Risk peaks between the ages of 20 y and 35 y for all groups. For young men of color, police use of force is among the leading causes of death.

PNAS Journal Article: 6p.

The Politics of Force : Media and the Construction of Police Brutality

By Regina G. Lawrence

When police brutality becomes front-page news, it triggers a sudden, intense interaction between the media, the public, and the police. Regina Lawrence ably demonstrates how these news events provide the raw materials for looking at underlying problems in American society. Journalists, policy makers, and the public use such stories to define a problematic situation, and this process of problem definition gives the media a crucial role in our public policy debates.

Lawrence extensively analyzes more than 500 incidents of police use-of-force covered by the New York Times and the Los Angeles Times from 1985 to 1994, with additional analysis of more recent incidents such as as the shooting of Amadou Diallo in New York. The incidents include but are not limited to those defined as "police brutality." Lawrence reveals the structural and cultural forces that both shape the news and allow police to define most use-of-force incidents, which occur in far greater numbers than are reported, she says.

  • Lawrence explores the dilemma of obtaining critical media perspectives on policing policies. She examines the factors that made the coverage of the Rodney King beating so significant, particularly after the incident was captured on video. At the same time, she shows how an extraordinary news event involving the police can become a vehicle for marginalized social groups to gain entrance into the media arena.

    In contrasting "event-driven" problem definition with the more thoroughly studied "institutionally driven" news stories, Lawrence's book fills a major gap in media studies. It also offers a broader understanding of the interplay between the criminal justice system and the media in today's world.Description text goes here

Berkeley: Los Angeles: University of California Press, 2000. 254p.

Collective Bargaining Rights, Policing, and Civilian Deaths

By Jamein Cunningham, Donna Feir and Rob Gillezeau

Do collective bargaining rights for law enforcement result in more civilian deaths at the hands of the police? Using an event-study design, we find that the introduction of duty to bargain requirements with police unions has led to a significant increase in non-white civilian deaths at the hands of police during the late twentieth century. We find no impact on various crime rate measures and suggestive evidence of a decline in police employment, consistent with increasing compensation. Our results indicate that the adoption of collective bargaining rights for law enforcement can explain approximately 10 percent of the total non-white civilian deaths at the hands of law enforcement between 1959 and 1988. This effect is robust to a contiguous county approach, accounting for heterogeneity in treatment timing, and numerous other specifications. While the relationship between police unions and violence against civilians is not clear ex-ante, our results show that the popular notion that police unions exacerbate police violence is empirically grounded.

Bonn: IZA – Institute of Labor Economics , 2021. 75p.

Variation in Racial Disparities in Police Use of Force

By Carl Lieberman

I examine how racial disparities in police use of force vary using new data covering every municipal police department in New Jersey. Along the intensive margin of force, I find disparities that disfavor Black subjects and are larger at higher force levels, even after adjusting for incident-level factors and using new techniques to limit selection bias. I then extend empirical Bayes methods to estimate department-specific racial disparities and observe significant differences across and within these hundreds of departments. Finally, I find that certain municipal factors are useful predictors of whether a department has a large racial disparity against Black civilians, but the most informative variables can change when considering different levels of force. These findings suggest that ignoring heterogeneity in police use of force misrepresents the problem and masks the existence of both departments with very large disparities and those without apparent disparities against Black civilians, but the variation even within departments may make identifying and treating inequitable departments difficult.

Washington, DC: Center for Economic Studies, U.S. Census Bureau , 2022. 71p.

Not So Black and White: Uncovering Racial Bias from Systematically Masked Police Reports

By Elizabeth Luh

Biased police officers may purposely mis-record, or mask, the race of citizens that they interact with in order to evade detection. Indeed, journalists uncovered widespread evidence of such masking among Texas Highway troopers from 2010 to 2015. I propose a new test of racial bias in the presence of masking that is more powerful than standard tests and is well-suited to explore the rich heterogeneity in bias. Using various data-driven techniques to detect masking, I estimate that 24% of 130,240 searches were masked, with over half being Hispanic drivers being mis-recorded as white when searches failed to turn up contraband. I find that Hispanic and white troopers are biased against non-white motorists, with Hispanic motorists being treated the most unfairly. Using my model, I also find evidence of institutional racial bias and ‘bad apple’ troopers across Texas.

Ann Arbor, MI: Department of Economics; University of Michigan at Ann Arbor2019. 45p.

A Failed Experiment: The Taser-Pilot of the Dutch Police

By Amnesty International Netherlands

Tthe current use of electro-shock weapons as well as the governing regulations in The Netherlands raise serious concerns and therefore Amnesty International calls the Dutch police to: – suspend the use of electro-shock weapons by all police units currently using them until a suitable legal and operational framework for their use has been set up that is in line with the obligations of The Netherlands under international human rights law and standards and – until this is done – to withdraw all electro-shock weapons distributed; – refrain from widespread distribution of electro-shock weapons in day-to-day policing; – cease any police interventions in mental health institutions in all situations and circumstances that do not amount to immediate life threatening emergencies (e.g. hostage situations). … This briefing sets out the background to the current pilot project conducted by the Dutch police on the general deployment of electro-shock weapons in day-to-day policing (I.). It further provides a summary of the Amnesty International’s main findings regarding the human rights concerns of the first pilot phase as well as the overall set up of the project and its interim evaluation (II.). These findings are then more in detail explained and elaborated in section III., followed by a conclusion and some recommendations (IV.).

Amsterdam: Amnesty International, 2018. 27p.

Police Use of Force in Canada: A Review of Data, Expert Opinion, and the International Research Literature

By Scot Wortley, Akwasi Owusu-Bempah, Erick Laming and Carae Henry

Police use of force is a crucially important issue. It directly engages with issues of public safety and the safety of law enforcement officers. However, when done improperly, police use of force can cause the unnecessary death or serious injury of civilians, undermine public trust in the police, and compromise the legitimacy of the entire criminal justice system. Finally, police use of force can erode social cohesion and contribute to radicalization, riots and other social control issues. Unfortunately, despite its importance, police use of force has been subject to surprisingly little empirical research––especially in the Canadian context. The following report attempts to address this gap. The authors of this report were retained by the Canadian Criminal Justice Association (CCJA) to examine police use of force in Canada. The project, funded by Public Safety Canada, addresses several important research questions: 1) How often do the police in Canada use physical force against civilians? 2) Is police use of force more common in some police jurisdictions than others? 3) Has use of force increased or decreased over the past ten years? 4) What regions of the country have witnessed the greatest declines in police use of force? What policies or practices contributed to these declines? 5) What are best practices with respect to police use of force? How can use of force be reduced while simultaneously ensuring public safety and the safety of police officers? 6) What is the state of Canadian research on police use of force? How can data collection and research on police use of force be improved?

Ottawa: Canadian Criminal Justice Association, 2021. 150p.

Assessment of Colorado Springs Police Department Use of Force

By John R. "Rick" Brown and Robin S. Engel

This report documents the results from comprehensive analyses of use of force incidents reported by the CSPD, specifically focusing on understanding how, when, why, and against whom officers use force, as well as the context of police encounters with the public, from both the community and officer perspectives. The purpose of this study is to examine current practices and identify opportunities to reduce the frequency and severity of use of force incidents, racial/ethnic disparities in force, and injuries to both officers and citizens through improvements to policies, training, and supervision. This report includes nine sections: (1) Introduction, (2) Review of CSPD Policies and Practices, (3) Data and Research Methods, (4) Physical Force and Weapons Used, (5) Types of Force, Force Effectiveness, and Injuries, (6) Pointing of Firearms, (7) Community Perspectives, (8) CSPD Officer Perspectives, and (9) Recommendations. This executive summary provides an overview of the primary findings from each of these report sections.

Colorado Springs: Colorado Springs Police Department, 2022. 280p.

Police Force, Police Service: Care and Control in Britain

Edited by Mike Stephens and Saul Becker

British policing faces major decisions about its future direction. Should it promote itself as a police force, dedicated to the attack on crime and public disorder, or should it adopt the mantle of police service, devoted to providing reassurance, flexibility to community wishes, and care? These are the critical decisions that the police face. The choice made will have implications for all citizens in our society. Together, a panel of eminent contributors examine the issues involved in this choice. They push the debate forward and show how complex are the interconnections between care and control within British policing. The implications are far-reaching and will influence not only the quality of policing but also the quality of life for all of us.

Houndmills, Basingstoke, UK:Palgrave Macmillan, 1994. 256p.

Police Weapons in Selected Jurisdictions

By Law Library of Congress, Global Legal Research Center

This report examines the weapons and equipment generally at the disposal of law enforcement officers in several countries around the world. It also provides, for each of these countries, a brief overview of the rules governing the use of weapons by law enforcement officers. Precise and reliable information on the weapons and equipment of some countries’ police forces was often difficult to find. Nevertheless, certain interesting facts and patterns emerged from the Law Library’s research.

Washington, DC: Law Library of Congress, Global Legal Research Center, 2014. 106p.