Use of Force Continuum

Fundamentals of Procedural Law by Adam J. McKee

The use of force by law enforcement is a subject of great concern and regulation. Officers are trained to use varying levels of force depending on the situation they face. This idea is captured in what’s known as the “Use of Force Continuum,” a model to understand and assess how much force to apply in different circumstances.

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Level 1: Officer Presence

Officer Presence (No Force): The very presence of a law enforcement officer at a scene represents the initial level of the Use of Force Continuum and can have a significant impact without any physical intervention. This principle recognizes that the symbols of authority carried by an officer, such as the uniform, badge, patrol car, or even body language, can command respect and often act as a deterrent to crime.

For example, someone contemplating theft might reconsider if they notice an officer nearby. Additionally, in a situation where emotions are running high, the mere arrival of an officer can defuse tension by encouraging people to calm down and behave more rationally. This concept emphasizes the psychological power of an officer’s presence and the potential for conflict resolution without resorting to verbal or physical force. It highlights the importance of officers being visible within the community, not only to prevent crime but also to foster a sense of safety and order, laying the groundwork for more positive community-police relations.

Level 2: Verbalization

Verbal Commands (Soft Control): Moving along the Use of Force Continuum, law enforcement officers often rely on verbal commands as a form of soft control. This approach involves more than just the officer’s presence; it is an active engagement with individuals to gain compliance or direct behavior. Officers may ask questions, provide warnings, or give specific directions, depending on the situation. For example, in a traffic stop, an officer might instruct a driver to remain in the vehicle, or during a public disturbance, they might warn a crowd to disperse.

Verbal commands are still considered a non-physical approach, yet they can be highly effective in guiding behavior and maintaining order. The tone, clarity, and assertiveness of the officer’s voice play crucial roles in this method’s success. An essential aspect of using verbal commands is the officer’s ability to communicate clearly and respectfully, recognizing that their words can either escalate or de-escalate a situation. Training in communication skills is often part of modern police education, emphasizing the power of words in law enforcement and the importance of using them judiciously and empathetically. By utilizing verbal commands effectively, officers can often resolve situations without resorting to higher levels of force, preserving both safety and dignity.

Level 3: Empty-Hand Control

Soft Techniques (Physical Contact): Moving up the continuum to a level that involves physical interaction, officers may employ soft techniques. These methods include holding, grabbing, or lightly touching someone to guide or direct them. For instance, an officer might gently hold a lost child’s hand to lead them to safety, or they might grab an individual’s arm to guide them away from a dangerous area. Soft techniques are non-threatening and non-injurious but require an understanding of personal space and cultural norms. The use of physical contact can be sensitive, and officers must be trained to use these techniques appropriately, respecting individual autonomy and dignity. These methods typically build upon non-physical strategies, such as presence and verbal commands, providing a more direct means of control without resorting to aggression or force. It’s a compassionate approach that emphasizes cooperation and often helps in building trust between law enforcement and community members.

Hard Techniques (Physical Restraint): When soft techniques prove inadequate to control a situation, officers may need to escalate to hard techniques. These measures include more forceful physical actions, such as punches, kicks, or using tools like batons to restrain an individual. Hard techniques represent a significant escalation in the use of force and must always be proportional to the threat or resistance faced by the officers. The goal of these actions is not to harm but to gain control over an individual who might be aggressive, combative, or posing a danger to themselves or others. Officers must be highly trained in these techniques to ensure they apply them judiciously, accurately assessing the situation’s needs. Various factors, including the nature of the offense, the behavior of the individual, and the immediate threat to safety, must all be considered. This level of force can have serious legal, ethical, and community relations implications, and its application requires a deep understanding of both the practical skills involved and the broader responsibilities of law enforcement in a democratic society.

Level 4: Less Lethal Methods

Use of Non-Lethal Weapons: Officers have access to an array of non-lethal weapons, such as tasers, pepper spray, or batons, to control a situation without resorting to lethal force. These tools are designed to incapacitate or deter an individual without causing permanent harm. However, the appropriateness of these methods depends heavily on how they are used. Even non-lethal weapons can cause serious injury if misapplied. Therefore, officers must be rigorously trained to understand when and how to deploy these tools. They must consider factors such as the individual’s size, age, and physical condition, as well as the immediate threat they pose.

The decision to use a non-lethal weapon must be in line with the principle of proportionality, meaning that the force applied is neither excessive nor inadequate for the circumstances. Using these tools judiciously emphasizes a commitment to preserving life and minimizing harm, reflecting law enforcement’s role in safeguarding both public safety and individual rights. Moreover, the use of non-lethal weapons must be guided by clear policies, ongoing training, and accountability measures to prevent misuse and maintain community trust in policing practices.

Level 5: Lethal Force

Use of Lethal Force: The utilization of lethal force represents the most severe level of force an officer can employ. This type of force may cause serious injury or death and is not a decision taken lightly. An officer may only resort to lethal force if they believe it is absolutely necessary to prevent death or serious injury to themselves, other officers, or members of the public. This might include the use of firearms or other potentially fatal measures. The decision to use lethal force must be based on a careful assessment of the immediate threat, and officers must follow strict guidelines, legal principles, and departmental policies governing its application.

The use of lethal force has significant societal implications, and its employment must always be justifiable, reasonable, and transparent. In a later section, we will dive much deeper into this critical topic, examining the legal framework, ethical considerations, and practical guidelines that shape how and when lethal force may be used in law enforcement. It is a complex and nuanced issue that sits at the intersection of law, ethics, public policy, and community trust, and understanding it is essential for both law enforcement professionals and the society they serve.

Summary

The use of force in law enforcement is categorized within a framework known as the “Use of Force Continuum,” outlining different levels of force depending on various situations. Level 1, “Officer Presence,” demonstrates how an officer’s presence alone can deter crime and defuse situations. Level 2, “Verbalization,” includes the use of verbal commands to guide behavior and gain compliance without physical force. Level 3, “Empty-Hand Control,” consists of both soft techniques, like holding or grabbing, and hard techniques, such as punches or kicks for restraint. Level 4, “Less Lethal Methods,” involves the use of non-lethal weapons like tasers, pepper spray, or batons, emphasizing their appropriate and proportional use. Lastly, Level 5, “Lethal Force,” represents the most severe force level, where the officer may use force that could cause serious injury or death when necessary to protect themselves or others. The entire continuum is guided by principles of proportionality, necessity, and reasonableness, reflecting the complex responsibilities of law enforcement in a democratic society.

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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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