Police Ethics: Use of Force, Investigations, Interrogations, and Lying

chapter 3

Police Use of Force

• Authority and Scope

  • Police are the only authority empowered to use physical force.

  • Force should only be utilized as a last resort, emphasizing restraint and caution.

• Use of Force Incidents

  • Focus on police use-of-force incidents and the implications of excessive force.

Arrest-Related Deaths

• Utilization of U.S. National Vital Statistics System for statistical analysis.

• Consideration of variables such as:

  • Fatal police shootings.

  • State population impact.

• Force applications justified in self-defense or in protection of others deemed morally acceptable.

Deaths in Police Custody

• Legislative background:

  • Deaths in Custody Reporting Act (2000) and 2013 amendments.

• Relevant reports from the Bureau of Justice Statistics regarding trends and issues associated with deaths in custody.

Political Action on Police Use of Force (Since 2015)

• Influence of movements such as Black Lives Matter on policy reforms.

• Formation of task forces (e.g., Obama’s police shootings task force) to address use of force.

• New perspectives regarding surveillance and updated policies from the Attorney General.

The Rise of Citizen Journalism

• The proliferation of technology allows police actions to be recorded and publicized.

  • This enhances accountability regarding police behavior.

• Establishes a general First Amendment right to gather information and scrutinize police actions.

Continuum of Force

• Defined as a permissible degree of force depending upon the situation:

  • Described using a linear continuum-of-force policy or a wheel model.

  • Introduction of the Dynamic Resistance Response Model (DRM) to illustrate appropriate responses to resistance levels from subjects.

Guidelines on When to Use Force

• Informed by the IACP Code of Conduct, clarifies circumstances under which deadly force may be justified.

• Identification of four distinct categories of threats to assist officers in making swift decisions during confrontations.

Police Perspectives on Use of Force

• Officers often view policing as action-oriented crime fighting.

• Results from a Police Foundation survey illustrate perspectives on appropriate and necessary use of force.

• Report requirements established by the Miami-Dade Police Department regarding use of force incidents.

Police and Citizen Interactions

• Emphasis on delaying demands for immediate compliance to foster better interactions with citizens.

• Must consider emotional states (e.g., anger) and the context (salience of circumstances and factors) in interactions.

Procedural Justice in Police-Citizen Interactions

• Concept of Procedural Justice in law enforcement:

  • Involves fairness and transparency in policing processes, including hot spots policing and stop and frisk instances.

• Four components of procedural justice essential for ensuring fair treatment:

  1. Voice and participation.

  2. Neutrality and fairness.

  3. Respectful treatment.

  4. Trustworthiness and trustworthy motives.

U.S. Supreme Court Decisions on Use of Force

• Landmark cases relevant to use of force in police actions include:

  • Tennessee v. Garner: Established criteria for the justification of deadly force as being “objectively reasonable.”

  • Graham v. Connor: Outlined factors to consider when determining the reasonableness of force used in a situation.

Race and Use of Force

• Research regarding the correlation between race and police use of force is inconclusive.

• Mixed results suggest variations based on circumstances, contributing to community concerns about police brutality, especially among Black and Hispanic citizens.

• Discusses the cultural context of “The talk” when advising minorities about interactions with law enforcement.

Policing and Implicit Racial Bias

• Differentiates between explicit racial bias and implicit racial bias in law enforcement contexts.

• Implicit bias often leads to negative racial stereotypes and subconscious associations between race and criminality.

Explaining Excessive Force

• Explains excessive use of force through three theoretical frameworks:

  1. Rotten apple theory: Views excessive force as resulting from a few problematic officers.

  2. Police culture theory: Suggests systemic cultural issues that encourage use of force.

  3. Systems theory: Considers structural factors and inadequate oversight within the police organization.

Assessing and Reducing Level of Force

• The definition of excessive force depends contextually, taking into account:

  • Intent, seemliness, proportionality.

  • Strategies to minimize force include seeking least restrictive alternatives and evaluating practicality.

• Interventions that have successfully reduced levels of force include:

  • Oakland PD’s Violence Reduction Unit.

  • Metro-Dade Police Citizen Violence Reduction Project.

  • Projects in New York and Oregon aimed at violence reduction.

Excessive Force in a Global Context

• Examination of excessive use of force in various countries, illustrating differing rates and practices:

  • Asian countries have noted prevalence in excessive force.

  • Nigeria's policing enforces a colonial model leading to widespread brutality.

  • Findings from crime surveys in Argentina and issues with police brutality in Brazil impacting public respect for law enforcement.

Police Use of Force: Tasers

• Tasers introduced as nonlethal weapons intended to replace firearms, aiming to incapacitate subjects through electrical shock and temporary paralysis.

• Review of court decisions regarding the use of Tasers in law enforcement.

Ethical Constraints on Taser Use

• Includes assessments of officer-related risks when utilizing Tasers:

  • Regulations outlining proper procedures for Taser deployment.

  • Identification of groups for which Taser use may be deemed inappropriate (e.g., passive resistance).

Analysis of Taser Use

• Analysis of data from 2004–2010 regarding use-of-force incidents with Tasers:

  • Emphasizes the level of resistance as a significant determinant.

  • Resistance types analyzed include:

  • Presence, Verbal, Flight, Physical, Weapons.

Improper Use of Tasers

• Discussion on issues surrounding criminal misuse of Tasers:

  • Instances where suspects in handcuffs are not criminals.

  • Cases involving assault-related offenses and off-duty situations such as domestic violence.

Excessive Use of Force: Cultural Representation

• Cultural references such as the Dirty Harry Problem and popular media representations of torture and aggressive policing methods (3c94Jack Bauer3e in 24).

• Analysis of the Dirty Harry scenario includes four conditions outlining arguments for “noble cause corruption.”

Policing, Mental Illness, and Crisis Intervention Teams (CITs)

Police Perceptions of Mentally Ill Persons

• Studies show that police no longer expect mentally disordered individuals to display hostility and violence, although some exceptions apply.

• Mentally ill individuals may exhibit diminished self-control or intense emotional reactions, impacting police responses.

Use of Force Against the Mentally Ill

• Officers display concerns about unpredictability of encounters with mentally ill individuals:

  • Self-reported data indicates less likelihood to use physical force.

  • Force is more frequently used against resistant or perceived armed suspects.

• Mentally unstable individuals may frequently display resistance or assault behaviors, leading to heightened force responses.

Crisis Intervention Teams

• Development of strategies aimed at improving police responses to mental health crises:

  • Training incorporates mental health professionals alongside police officers.

  • Special officers undergo de-escalation techniques training.

  • CITs are not intended to eliminate force but to develop alternatives for managing crises more effectively.

Ethical Issues in Investigation, Interrogation, and Custody

Rights of Suspects and Victims

• Importance of recognizing and safeguarding the moral and legal rights of both suspects and victims.

• Ethical obligations include protecting individuals terrorized by crime while also respecting suspects’ rights.

Privacy Concerns

• Issues surrounding privacy violations relate to observations and body searches.

• Challenges balancing private interests against public roles, particularly in regard to DNA profiling.

Entrapment

• The ethical complexities surrounding covert operations that involve deception.

• Entrapment is a morally problematic strategy requiring evaluation through both subjective and objective tests.