Police Use of Force and De-Escalation Policies Explained

Introduction

According to the International Association of Chiefs of Police, police are permitted to use force in situations where they need compliance from a citizen who is unwilling to comply with lawful orders or instructions (NIJ, 2012). This is the case in many jurisdictions across the world. However, while police are allowed to use force, they are not permitted to use excessive force — that is, more force than is necessary to control a citizen or group of citizens (NIJ, 2012). Several factors determine whether the use of force is necessary in most police departments. These include the location; the situation involved; the person or persons involved; the mental capacity of those involved; the presence or use of any weapon; and the presence or use of excessive alcohol or dangerous drugs.

Most police departments across the United States define the use of force differently. Official definitions are intended to help officers understand when force is necessary or permitted, and when its use may be considered excessive. These definitions are typically included in police standard operating procedures, agency guidelines, and employment contracts (Terrill & Paoline, 2012, p. 8).

In the Western world, officers may use three types of force: lethal force, less-lethal force, and physical or verbal restraint. More police officers have been equipped with tasers in recent years to reduce the need for lethal force. While tasers have generally helped officers resort to lethal force less often, their use has been significantly criticized — some regard them as inhumane, others as dangerous tools. Nevertheless, tasers have helped reduce the need for lethal force, particularly in situations where their use is permitted by law or otherwise justifiable.

Prevalence of Police Use of Force

According to the Office of Justice Programs Bureau of Justice Statistics (2012), approximately 1.4 percent of police-citizen encounters in 2008 involved the use of threats or force. Of those encounters, 74 percent of individuals reported that the force used was excessive, while 19 percent reported sustaining injuries. Only 12 percent of those individuals reported that they had disrupted police work or disobeyed police orders. In other words, an overwhelming majority of people who encountered police force in 2008 — 84 percent — felt the force was excessive and unnecessary. However, only about 14 percent of those individuals filed a complaint with the authorities. Because of such complaints and fatal encounters, police departments across the country have developed operating procedures, standards, and guidelines to govern the use of force (Terrill & Paoline, 2012).

As of 2007, it was estimated that over 15,000 police departments across the world had purchased approximately 448,000 taser devices to reduce fatal interactions during law enforcement. Even though tasers have come under sharp scrutiny due to how they function, they have demonstrated effectiveness in helping police control individuals in encounters that might otherwise have required lethal force (White & Ready, 2007).

Research knowledge on police use of force can be categorized as follows:

1. Knowledge accepted as fact because of overwhelming evidence.
2. Knowledge accepted with only average confidence that needs more research.
3. Knowledge that is not based on research.

There is overwhelming evidence that police do not use force frequently. Among the many encounters between police and citizens, only a small percentage involve force. Evidence also shows that force most commonly occurs in the form of shoving, pushing, or grabbing. According to police chiefs, force is used in specific, predictable circumstances — which is why many guidelines and training manuals require officers to use only the force needed to achieve their objective.

Nevertheless, the existence of guidelines does not mean all officers follow them. Many officers across the country still use unnecessary force. Some of the most concerning actions include the use of batons, chokeholds, fists, beatings, and fatal shootings. While these incidents do occur, they are the exception rather than the norm. Most police encounters do not involve force, and even when force is used, it is generally necessary and frequently does not result in severe injuries (U.S. Department of Justice, 1999).

Regarding knowledge accepted with average confidence, three key findings can be identified:

• Only a small percentage of law enforcement officers use unnecessary force.
• Use of force often occurs when officers are dealing with individuals under the influence of drugs or those who are mentally ill.
• Use of force is not consistently related to an officer's personal characteristics (e.g., ethnicity, gender, or age).

The true prevalence of force is unknown because most people who experience it do not report their encounters to the authorities. Nonetheless, it should be noted that the use of force is the exception rather than the norm, and injuries or deaths are few compared to the total number of police-citizen encounters. However, this information is based on police statistics, which presents a potential problem, as some departments may be hiding or underreporting negative interactions between officers and the public.

Civil lawsuits and civilian complaints are also poor indicators of excessive force because they do not account for unreported cases. The difficulty of measuring police use of force led scholars to develop the concept of all use of force — a term that accounts for all instances of force, including those that may be systematically underreported by police agencies (U.S. Department of Justice, 1999).

Use of Force and Public Health

Many scholarly articles argue that there is a direct link between the excessive use of force and public health. A common conclusion in such articles is that police violence produces both mental and physical health effects, which can legitimately be regarded as a public health concern. Specifically, several studies have concluded that police violence against young men negatively affects their mental health, leading to anxiety and trauma.

Moreover, there is a recognized need for police departments to adopt less violent or invasive methods in order to reduce adverse mental health effects on young people. Other research has shown that police violence routinely leads to worry, stress, and anxiety, which in turn cause broader negative health consequences. Consistent with these findings, the American Public Health Association (APHA) has identified police violence as a public health concern, calling for the investigation of all use-of-force incidents, the standardized collection of data, and systematic monitoring of police departments (Obasogie & Newman, 2017).

Conclusion and Recommendations

This study shows that officers generally use force only when they deem it necessary. Nevertheless, there have been situations where the use of force has been excessive, particularly in recent years. This has prompted police departments across the country to adopt de-escalation training and other reforms to reduce police violence. De-escalation training teaches officers how to handle difficult situations without resorting to force and reinforces the principle that force should only be used when there is no viable alternative. When an officer uses force — even when legally permitted — the consequences can include injury, termination, and civil litigation if the officer is found not to have acted in accordance with police guidelines or the law.

Police leaders have a responsibility to ensure that de-escalation methods are taught to all officers under their command, and that those who misuse their powers in encounters with citizens are held accountable and appropriately disciplined (Engel et al., 2019). At the same time, it is essential to recognize that officers must sometimes use force when no other option exists — they are human beings whose safety also matters. Balancing these realities is the central challenge facing police reform efforts in the United States today.

References

Engel, R., McManus, H., & Herold, T. (2019). The deafening demand for de-escalation training: A systematic review and call for evidence in police use of force reform. International Association of Chiefs of Police (IACP), University of Cincinnati. Retrieved from https://www.theiacp.org/

Engel, R., McManus, H., & Isaza, G. (2020). Moving beyond "best practice": Experiences in police reform and a call for evidence to reduce officer-involved shootings. AAPSS, 687(1).

Landers, B. (2017). Are de-escalation policies dangerous? Police Magazine. Retrieved from https://www.policemag.com/342333/are-de-escalation-policies-dangerous

Obasogie, O., & Newman, Z. (2017). Police violence, use of force policies, and public health. American Journal of Law and Medicine, 43, 279–295. Retrieved from https://www.law.berkeley.edu/wp-content/uploads/2018/03/Paper-Obasogie.pdf

Terrill, W., & Paoline, E. A. (2012). Examining less-lethal force policy and the force continuum: Results from a national use of force study. Police Quarterly, 20(1), 1–28.

U.S. Department of Justice. (1999). Use of force by police: Overview of national and local data. National Institute of Justice. Retrieved from https://www.ncjrs.gov/pdffiles1/nij/176330-1.pdf

U.S. Department of Justice, National Institute of Justice. (2003). Curbing police brutality: What works? (NIJ Publication No. 192518). Retrieved from https://www.ncjrs.gov/pdffiles1/nij/grants/192518.pdf

White, M. D., & Ready, J. (2007). The TASER as a less-lethal force alternative: Findings on use and effectiveness in a large metropolitan police agency. Police Quarterly, 10(2), 170–191.