Police Use of Force Policies

Fundamentals of Procedural Law by Adam J. McKee

Training law enforcement officers is just the beginning; the policies set by individual police departments define the structure of how force may be used. These policies guide officers in their daily interactions, serving as a roadmap for behavior. Policymakers must create these guidelines with care and precision, recognizing the complexity of human behavior and the many situations officers may encounter.

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Creating Firm and Flexible Guidelines

Defining the Use of Force

Defining what constitutes the use of force within a department’s policies is vital. The definition must be clear enough that officers understand exactly what is permitted and what is not. Clarity provides a firm foundation, allowing officers to act with confidence within the bounds of the law.

Providing Flexibility

While firmness in policy is crucial, there must also be some flexibility. Officers encounter a wide range of situations, and a policy that is too rigid might hinder their ability to respond effectively. Policies must therefore allow some room for officers to exercise judgment as long as they remain within legal and ethical boundaries.

Understanding Human Behavior

Recognizing Emotional Reactions

Officers often encounter individuals in highly emotional states. Understanding human behavior, including recognizing and responding to emotional reactions, is an essential part of crafting policies. By training officers to recognize signs of emotional distress, the policies help officers to approach such situations with empathy and compassion, potentially reducing the need for force.

Adapting to Complex Scenarios

Officers must deal with complex scenarios involving various factors such as mental illness, intoxication, or crowd dynamics. Policies should guide officers in adapting their approach according to the situation without losing sight of the overarching principles of respect, dignity, and human rights.

Monitoring and Accountability

Regular Review of Policies

Policies should not be static; they should be subject to regular review and updating. This process ensures that they remain relevant and effective, adapting to changes in laws, societal expectations, and best practices in law enforcement.

Holding Officers Accountable

Accountability is a crucial aspect of any use of force policy. Policies must outline clear procedures for reporting, investigating, and addressing any misuse of force. This transparency builds trust within the community and ensures that officers adhere to the guidelines.

Summary

Policies regarding the use of force in individual police departments must be both firm and flexible, providing clear guidance while allowing for the complexity of human behavior and the myriad of scenarios officers may face. Such policies must define the use of force, provide for monitoring and accountability, and be regularly reviewed and updated. By understanding human behavior, including emotional reactions and complex scenarios, these policies can help guide officers in their daily interactions, promoting a safer community and a more effective and compassionate police force.

Modification History

File Created:  08/08/2018

Last Modified:  08/01/2023

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This work is licensed under an Open Educational Resource-Quality Master Source (OER-QMS) License.

Open Education Resource--Quality Master Source License

 

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