THESIS: Law enforcement professionals need to develop a culture that champions policy reform, training, and accountability to mitigate unjustified uses of deadly force.

Outline – Capstone

Thesis: Law enforcement professionals need
to develop a culture that champions policy reform, training, and accountability
to mitigate unjustified uses of deadly force.

1)     
History
of ‘Use of Force’ legislation

a)      
Supreme
Court rulings

i)       
Tennessee
v Garner (1984)

ii)     
Graham
v Connor (1989)

iii)   
Thompson
v Hubbard (2001)

iv)   
Fourth
Amendment: The ‘reasonableness’ standard

b)     
Current
day cases/headliners

i)       
President’s
Task Force on 21st Century Policing

ii)     
Eric
Garner, Michael Brown, Breonna Taylor, George Floyd

2)     
Escalation
of Force

a)      
Use
of Force Continuum

i)       
Five
stages: presence, verbal, empty-hand control, less lethal, lethal

b)     
When
to use

i)       
Imminent
threat of bodily harm

ii)     
Attempting
to flee a dangerous crime

c)      
Officer
Decision-Making/Post Trauma

i)       
Mental
health effects, line of duty killing

ii)     
Use
of force statistics

3)     
Policy
Reforms

a)      
Body-worn
cameras

i)       
History

ii)     
Effectiveness

iii)   
Practical
Application

iv)   
Storage
and Review

b)     
No-knock
warrants

i)       
Legal
review

ii)     
Effectiveness

iii)   
Deaths
associated with no-knock warrants

4)     
Training

a)      
De-escalation
methods

i)       
Community
engagement

ii)     
Incorporating
mental health technicians

b)     
Implicit
bias training

5)     
Accountability

a)      
Documentation

i)       
Department
Policy

ii)     
Progressive
discipline

iii)   
Officer
black-listings

b)     
Prosecution

i)       
Standardized

ii)     
Zero-tolerance

Annotated Bibliography

Andersen, J. P., & Gustafsberg,
H. (2016). A Training Method to Improve Police Use of Force Decision Making: A
Randomized Controlled Trial. SAGE Open, 6(2), 215824401663870-.
https://doi.org/10.1177/2158244016638708

This research
article, published in SAGE Open, focuses on measuring the effectiveness of a
specific training method designed for improving police use of force
decision-making. To compile their data, the authors conducted a randomized,
supervised study to investigate whether the training intervention has a
positive impact on the decision-making skills of law enforcement in situations
that may require use of force. The study focused heavily on the psychological
and psychological effects of stress, specifically as it relates to police
officers who deal with a prolonged sense of ‘fight or flight’. The study also
details the training method that was analyzed, which is called “international
performance resilience and efficiency program” (iPREP). This training leverages
a dynamic strategy which encompasses classroom knowledge, field training, and
increased levels of opportunity to build officer confidence. I chose to use
this source to highlight an initiative that has already seen positive results.

Edwards, F., Lee, H., & Esposito, M. (2019). Risk of being killed by
police use of force in the United States by age, race–ethnicity, and sex. Proceedings
of the National Academy of Sciences – PNAS, 116(34), 16793–16798. https://doi.org/10.1073/pnas.1821204116

This research
article, published in the Proceedings of the National Academy of Sciences,
explores the threat of people being killed by police use of force in the United
States. To narrow the study, the authors focus on three key delineating
factors: age, race, and sex. The data used in the study is gathered from 2013
to 2018 by Fatal Encounters, a journalist-driven initiative to document police
killings. The study also exclusively uses ‘police force’ deaths and does not
account for individuals who were killed in events such as ‘suicide by cop’ or
vehicle collisions. Lastly, for the findings themselves, results where broken
into 13 different categories: 2 sexes (male/female), 5 races/ethnicities
(African American, Caucasian, Latin, Native, and Pacific Islander), and 5 age
groups (0-100 in 20-year increments). I chose to use this source to highlight
the statistics, in an effort to identify areas of growth and education, such as
bias training and/or community policing initiatives.

Graham v. Connor. (n.d.). Oyez.
Retrieved January 28, 2024, from https://www.oyez.org/cases/1988/87-6571

This
source covers the landmark case Graham v. Connor, heard by the U.S. Supreme
Court in 1989. The case involved the use of force by law enforcement officers
and established the “objective reasonableness” standard for
evaluating the constitutionality of such force under the Fourth Amendment. The
plaintiff, Graham, suffered injuries during an encounter with the police, and
later sued, arguing that the use of force against him was excessive. The
Court’s decision emphasized the need to assess the reasonableness of an
officer’s actions from the perspective of a reasonable officer on the scene,
considering the circumstances, and the information available to the officer at
the time. This case set a precedent for evaluating police use of force and
remains a key reference in Fourth Amendment law.

Goh, L. S. (2021). Did
de‐escalation successfully reduce serious use of force in Camden County, New
Jersey? A synthetic control analysis of force outcomes. Criminology &
Public Policy, 20(2), 207–241. https://doi.org/10.1111/1745-9133.12536

            In
this study published in Criminology & Public Policy, the author, Li Goh,
examines the effectiveness of de-escalation strategies in reducing serious use
of force incidents in Camden County, New Jersey. The research employs a
synthetic control analysis to assess the impact of de-escalation measures. The
article provides current insights into the relationship between de-escalation
efforts and force outcomes. By focusing on a specific location, the study
contributes valuable information to the ongoing discussion on law enforcement
tactics, with potential implications for policy development and the reduction
of serious use of force incidents.

Komarovskaya, I., Maguen, S., McCaslin, S. E., Metzler, T.
J., Madan, A., Brown, A. D., Galatzer-Levy, I. R., Henn-Haase, C., &
Marmar, C. R. (2011). The impact of killing and injuring others on mental
health symptoms among police officers. Journal of Psychiatric Research, 45(10),
1332–1336. https://doi.org/10.1016/j.jpsychires.2011.05.004

This study investigates
the psychological effects law enforcement may have due to killing or injuring
someone in the line of duty. The research was published in the Journal of
Psychiatric Research in 2011 and is authored by a team led by Dr. Komarovskaya,
a New York based psychologist who specializes in trauma. This study is important
because it addresses the often-neglected impact of lethal force use by law
enforcement and their overall mental health well-being. When applied to the
statistics of officers who employ use of force more than once, it suggests a
possible correlation. Understanding this data could be crucial in the
development of post-critical incident care and departmental policy following a
use of force event.

National Institute of Justice, “Research on Body-Worn
Cameras and Law Enforcement,” January 7, 2022, nij.ojp.gov:

https://nij.ojp.gov/topics/articles/research-body-worn-cameras-and-law-enforcement

This article discusses
the research conducted on the use of body-worn cameras by law enforcement
agencies. Body-worn cameras are devices worn by officers to record interactions
with the public, and their implementation has become widespread in recent
years. The article highlights key research findings related to the impact of
body-worn cameras on officer behavior, community-police relations, and the
criminal justice system. It serves as a valuable resource to understand the
effectiveness and implications of body-worn cameras in the context of law
enforcement practices.

National Institute of Justice, “The Use-of-Force
Continuum,” August 3, 2009, nij.ojp.gov:

https://nij.ojp.gov/topics/articles/use-force-continuum

This article discusses
the concept of the use-of-force continuum, which is a framework that law
enforcement agencies use to guide officers on the appropriate level of force in
different situations. The scale includes a range of options, from verbal
commands to lethal force, and is designed to help officers respond
proportionally to the level of resistance or threat they encounter. The article
emphasizes the importance of training, decision-making, and officer discretion
within this framework to ensure that the use of force aligns with legal and
ethical standards. The article serves as a resource for law enforcement
professionals and the public to understand the principles behind the
use-of-force continuum.

Police Unionism, Accountability, and Misconduct. (2023).
Annual Review of Criminology. https://doi.org/10.1146/annurev-criminol-030421-034244

This article, published
in the Annual Review of Criminology, studies the relationship between police
unionism, accountability, and instances of misconduct within law enforcement.
The study critically examines how police unions may influence accountability
mechanisms and address issues of misconduct within police departments. By
exploring the dynamics between union activities and the maintenance of
professional standards, this source contributes to a broader understanding of
the challenges and implications associated with police unionism in the context
of law enforcement accountability. Positive trends identified in this source
could be incorporated to develop progressive discipline models and an
accountability framework for law enforcement officers involved in use-of-force
incidents.

Price, J. H., & Payton, E. (2017). Implicit Racial Bias
and Police Use of Lethal Force: Justifiable Homicide or Potential
Discrimination? Journal of African American Studies (New Brunswick, N.J.),
21(4), 674–683. https://doi.org/10.1007/s12111-017-9383-3

            This study, published
in the Journal of African American Studies, explores the relationship between
implicit racial bias and police use of lethal force. The study aims to
understand whether implicit racial bias influences decisions leading to
justifiable homicides or if it may contribute to potential discrimination. The
authors examine this issue in the context of police encounters, particularly
instances where lethal force is used. The study utilizes empirical data to
analyze the correlation between implicit racial bias and law enforcement
actions, providing insights into the complex dynamics surrounding police use of
lethal force. The article is useful to understand the role of implicit bias in
policing and its potential implications for justifiable homicides and
discrimination.

Stoughton, S. W., Mclean, K., Nix, J., & Alper, G.
(2022). POLICING SUSPICION: QUALIFIED IMMUNITY AND “CLEARLY ESTABLISHED”
STANDARDS OF PROOF. CrimRxiv, 112(1), 37–78. https://doi.org/10.21428/cb6ab371.ccfee09e

            In this
peer-reviewed article, the authors study the relationship between the fourth
amendment, standards of proof, and qualified immunity. The article includes
numerous literature reviews, including one that examines the standards and
levels of proof and another that dissects the legal ramifications of qualified
immunity. While not specifically related to the topic of use of force, this
article does relate because officers who employ use of force and are later
prosecuted, may apply for qualified immunity. The article suggests a more
rigorous approach to concepts such as probably cause and reasonable suspicion,
a rhetoric that can possibly be applied to use of force policy.

Stevens, H. L. (2022). “I Don’t Have a Gun Stop Shooting”:
Rhetorical Analysis of Law Enforcement Use of Force Policy Documents. IEEE
Transactions on Professional Communication, 65(1), 104–117. https://doi.org/10.1109/TPC.2022.3144824

            In this
peer-reviewed article, the author conducts an inquest into ‘use of force’
policies to identify possible tone and language that further promotes
oppressive ideology. Specifically highlighting use of force injustices, such as
the case of George Floyd, the author theorizes that law enforcement departments
need to do more than simply update their use of force policy. In the study, the
author compares two law enforcement departments, one who has a robust and
successful use of force policy, Camden City Police Department, New Jersey and another
who’s is not as successful, the Minneapolis Police Department, Minesota. The
study examines each departments policy, highlighting key words, phrases and
concepts as it relates to the use of force within their organizations. The
study concludes major differences between the two policies and denotes
oppressive language within policies such as this will continue to tip the
scales of social justice.

Tennessee v. Garner. (n.d.). Oyez. Retrieved January 28,
2024, from https://www.oyez.org/cases/1984/83-1035

            This source
covers the case of Tennessee v. Garner, a significant U.S. Supreme Court case
from 1985. The case involved the use of deadly force by law enforcement against
a fleeing suspect. The Court addressed the constitutionality of a Tennessee
statute that allowed police to use deadly force to prevent the escape of a
fleeing felon. The Court ruled that the use of deadly force to apprehend a
fleeing suspect is a “seizure” under the Fourth Amendment. The Court
went on to say the such force is only constitutional if it is necessary to
prevent the escape of a suspect, if the officer has probable cause to believe
the suspect poses a significant threat of physical harm to others. This
decision set standards for the use of deadly force by law enforcement,
balancing public safety with the protection of individual constitutional
rights.