Taser Deaths: Taser Is Not

Taser Deaths: TASER IS NOT to BLAME The 'Taser' is an electronic defense weapon, manufactured by Taser International.

Electric defense weapons are also known as: 'electromuscular disruption technology or conducted energy devices which 'use a high voltage, lower power charge of electricity to induce involuntary muscle contractions that cause temporary incapacitation." (Rose, 2007) a recent study on Tasers conducted by Wake Forest University Medical School toward addressing the concern caused by 293 Taser deaths (Jayadev, 2007) concluded that: "Tasers reduce injuries to both police and the individuals Tasered." (Jayadev, 2007) According to the International Association of Chiefs of Police report entitled: "Taser Use Guidelines" these weapons are designed for the purpose of incapacitating the individual from a distance without incurring any type of physical injury of a serious nature or death.

"Two metal barbs or probes attached to wires are propelled by either gunpowder or nitrogen gas into a target. Once the barbs are embedded in the target, the weapon delivers an electrical charge through the wires to the barbs, incapacitating the target by causing muscle contraction and loss of body control. The shock usually lasts about five seconds." (Rose, 2007) I. DEPARTMENTAL SAFETY PRECAUTIONS The International Association of Police has prepared a set of guidelines for recommended Taser use.

These guidelines are a nine-step strategy to assist law enforcement agencies in policy development, procedure and training curricula focused on the appropriate use of Tasers in the communities that these police department serve. The IACP recommends in selection, acquisition, and use of electronic weapons that departments: (1) Establish a leadership team to address acquisition, cost, policy, training, liability, evaluation, and other related issues; (2) Determine where to place the weapon on the department's use-of-force continuum (e.

g., at the same level as firearms or at the lower level of pepper spray); (3) Assess the costs and benefits of using the weapons (including indirect and hidden costs); (4) Define the roles and responsibilities of staff with respect to the use of the weapons; (5) Implement a community outreach strategy to allay public and media concerns; (6) Adopt a comprehensive policy for users and other staff on use, training, safety, and reporting requirements; medical evaluations; legal issues; and operational and post-incident procedures; (7) Provide officers with comprehensive training to comply with the policy; (8) Introduce the weapons in phases (e.

g., starting with a test program), affording the time and opportunity to monitor use; and (9) Evaluate the test program to determine if the weapons worked as expected and officers complied with department policy. (Rose, 2007) II. APPROPRIATE & INAPPROPRIATE USE of TASERS The IACP guidelines clearly state that Taser weapons should be used only on people (1) actively resisting or exhibiting active aggression; or (2) at a risk of harming themselves or others." (Rose, 2007) the subject attempting to flee does not represent justification for use of the Taser.

Tasers should not be used: (1) on passive subjects; (2) on pregnant women, young children, or visibly frail individuals; (3) on handcuffed individuals; (3) on anyone located where a fall may cause substantial injury or death; (4) on anyone in physical control of a moving vehicle- of any type whatsoever; (6) in any area known to contain combustible or flammable liquids or substances." (Rose, 2007) Furthermore, the IACP Guidelines call for 'accountability' in use of the Taser and active reporting of abusive use of the Taser by police officers.

Accountability include: (1) Users document the use of weapons; (2) Departments conduct random audits of data from the weapons and use-of-force reports and address inconsistencies; and (3) Departments track, maintain, and constantly analyze the data to identify use trends and concerns, and make the statistics available to the public. III.

OPERATIONAL PROCEDURES for TASER USE The OLR Research Report relates operational procedures to include that officers should: (1) Issue warnings before activating an electronic defense weapon (unless doing so would endanger another person); (2) When applicable, alert other officers at an incident scene of their intent to activate a weapon; (3) Use brightly colored weapons (e.

g., yellow) thereby reducing the risk of escalating force and decreasing the possibility that a secondary unit mistakes the weapon for a firearm; (4) Carry the weapon on their weak support side to avoid accidentally drawing or firing their sidearm; (5) Set their weapons in the "probe mode" as the primary option, and use "stun mode" as a secondary option; and (6) Use the weapon for one standard cycle and stop to evaluate the situation.

If subsequent cycles are necessary, agency policy should restrict the number and duration to the minimum activations necessary to control the situation; and (7) Only one officer should activate a weapon against a person at any time. (Rose, 2007) it is extremely important to note the recommendation of the IACP that departments "....should enter into collaborative agreements with adjacent jurisdictions addressing training policies and protocols governing electronic defense weapons." (Rose, 2007) IV.

EDUCATION of PUBLIC ABOUT TASER DEATHS The IACP Guidelines concerning use of Tasers recommends that departments should implement programs to educate the community which inform the public concerning: (1) Taser technology and capabilities; (2) Effectiveness of Taser use as an alternative to use of deadly force; (3) the costs and benefits of the technology; and (4) Data available concerning evaluation of the weapon. (Rose, 2007) V. SAFETY of TASER USE in CASE STUDY REPORTS The work of Kumaraswamy, et al.

(2006) entitled: Cardiac Electrophysiological Consequences of Neuromuscular Incapacitating Device Discharges" published in the Journal of American College of Cardiology reports a study for evaluation of the cardiac consequences of the use of the Taser and states findings that the Taser or other neuromuscular incapacitating device (NID) has associated cardiac risks to their use that "may require further investigations in humans." (2004) the work entitled: "Riding Lightning: A Strategic Assessment Concerning the Use of Tasers in Law Enforcement" notes the advantages to use of Tasers by law enforcement officers including the factors of: (1) officer safety; (2) suspect and bystander safety; (3) Tasers safer than other non-lethal weapons; and (3) more cost effective than other non-lethal weapons.

(Tomaschko, 2005) the following chart shows the 'Force Matrix' used by Okaloosa County Florida in its 'Use of Force' policy and notes that Taser use does not become an option until there is active physical aggression on the part of the subject.

Figure 1: Force Matrix Source: Tomaschko (2005) It is possible that a large part of the problem of Taser use resulting in deaths is due to the fact that: "As of yet, there is no specific legislation mandating a standard use of force policy or Taser policy, it is basically up to the individual agency where to place Tasers on the force matrix." (Tomaschko, 2005) There has been abuse of the Taser noted in the Okaloosa County Department as cited in the report of Tomaschko in that use of Tasers were documented by law enforcement in Okaloosa in: (1) verbal non-compliance situations; and (3) passive resistance individuals.

(2005) This is absolutely excessive force according to IACP guidelines as stated in the work of Rose (2007) in another case study report in the Police Quarterly entitled: "The Taser as a Less Lethal Force Alternative: Findings on Use and Effectiveness in a Large Metropolitan Police Agency" White and Ready (2007) state positive findings but relates that these findings are "largely the consequence of how the study department issues, monitors, and controls use of the weapon.

Beyond the health risk issue, the controversy surrounding the TASER has focused on when it should be used - where along the force continuum - how it should be used, and whom it should be used against." (White and Ready, 2007) White and Ready note that some departments have given consent for Taser use when officers are responding to "nonphysical resistance...." And notes as well Taser use in: "...deployment against very young people, older suspects, and the number of times the Taser is used.".