Reporting Use of Force

Fundamentals of Procedural Law by Adam J. McKee

Understanding the laws surrounding the use of force by law enforcement is crucial. One of these vital components is reporting. When an officer uses force, he or she must follow specific procedures to document the incident. This process is crucial for accountability, transparency, and maintaining public trust.

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Reporting use-of-force incidents helps analyze trends, improve training, and prevent unnecessary violence. Without accurate, timely reports, it’s challenging to maintain fair and equitable law enforcement. Now, let’s take a closer look at why these reports matter.

Who Must Report?

Every law enforcement officer who uses force must file a report. This requirement applies regardless of whether the officer’s actions resulted in harm or not. It’s crucial to remember that the use of force includes not only physical force but also non-physical force, like threats or brandishing a weapon.

Reporting requirements also extend to supervisors. If a supervisor is aware of a use of force incident involving their subordinates, they must ensure a report is made. Thus, the responsibility of reporting is not exclusive to the officer who used the force.

What Information Is Required in a Report?

The level of detail required in a use of force report varies by jurisdiction. However, most require the officer to provide a comprehensive account of the incident. This account usually includes:

  1. Details of the incident: The officer must describe what happened before, during, and after the use of force. This should include the reason for the initial interaction, the actions of all involved parties, and the outcome.
  2. Type of force used: This includes a description of the force applied, such as a physical restraint, a taser, or a firearm.
  3. Justification for the use of force: The officer should provide a clear explanation of why force was necessary and how it aligns with their training and departmental policy.

Summary

Procedural law emphasizes the importance of reporting use-of-force incidents by law enforcement officers. The reporting requirement is not exclusive to the officer involved but extends to supervisors as well. Reports must be detailed, describing the incident, the type of force used, and justification. This process enhances accountability, improves training, and aids in maintaining public trust.

References

International Association of Chiefs of Police. (2020). Use of Force: Concepts and Issues Paper.

National Institute of Justice. (2002). Use-of-Force Policies and Training A Reasoned Approach.

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.

 

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