Excessive Force: An Analysis of Best Practices

By: Ashley R. LoftonA Paper Submitted to

Dr. Leora WaldnerIn Partial Fulfillment of the Requirements for

PA6622 - Public PolicyTerm 4/2015

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I. BACKGROUND

Excessive use of force has been on the forefront of media reports as well as the topic of

nationwide discussion recently. Incidents such as those in Ferguson, Missouri and Staten Island,

New York as well as many others, have sparked debate and created a battlefield of protestors,

citizens and like-minded members of law enforcement who are ready to see reform within our

nation’s police departments.

The CATO Institute published the 2010 Police Misconduct Statistical Reporting Project

and found 4,861 reported cases of police misconduct, involving 6,613 sworn law enforcement

officers and 6,826 victims nationwide. Of those reported, 1,575 were related to the use of

excessive force, totaling nearly 24% of all reported cases. 247 of these cases resulted in death

and over 300 million dollars were spent in judgments, settlements and fees (Packman, 2011).

It has been reported that excessive use of force cases account for just 2% of all police

civilian encounters, because of this, there is lack of research on this particular topic. Samuel

Walker, author of “The Neglect of Police Unions: Exploring One of the Most Important Areas of

American Policing” states that the neglect of police union research and a narrow idea of just how

powerful they are politically has prevented a solid understanding of American policing,

especially as it relates to basic management, innovation, reform, community relations and

accountability (Walker, 2008).

The use of excessive force by police has been an ongoing problem in the United States

since the inception of the first municipal police force in 1838. Sam Mitrani, Associate Professor

of History at the College of Dupage in Illinois and author of “Stop Kidding Yourself: The Police

Were Created to Control Working Class and Poor People,” says that historically police forces

were that of elected constables in the north and slave patrols in the south. When the northern

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cities expanded and immigrant workers moved in, the wealthy elites willingly paid to hire police

forces and weapons to control the working class immigrants and minorities. As you can imagine,

this control caused much turmoil, conflict and violence and still does today (Mitrani, 2014). He

explains, in the years to come, elite businessmen ensured that police agencies were protected

from democratic control. This meant “they formed their own systems of hierarchies, systems of

governance, and rules of behavior” (Mitrani, 2014). They created unions and increasingly set

themselves apart from society. Mitrani expressed his ideas that while times have changed, the

roles of police have stayed consistent. He says, “Their basic job is to enforce order among those

with the most reason to resent the system, who in our society today is disproportionality poor

black people” (Mitrani, 2014 pg. 3). While some of the concepts in his article may be hard to

conceptualize, it is nearly impossible to ignore others. For instance, much of the current research

examines correlations between race, gender and socioeconomic status of the victims and

situational factors surrounding the incidents such as number of people present and the perceived

level danger in the neighborhood or area being patrolled (Mitrani, 2014, Terrill and Reisig 2003,

Worden,1989).

Michael D. Reisig and William Terrill conducted research in Indianapolis, Indian and St.

Petersburg, Florida to answer their question, “Do officers exercise force differently in some

neighborhoods as opposed to others” (Reisig and Terrill, 2003, pg. 292). Their study revealed a

correlation between disadvantaged neighborhoods and the use of excessive force (Terrill and

Reisig, 2003)

Other research focuses on officer demographics such as age, years with the force and

personality predispositions as well as the organizational culture within the department (Hassell &

Archbold, 2010, Walker, 2012,Worden, 1989).

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Worden found that situational factors have a significant effect on officers' decisions to

make arrests; they have a small effect on their choices regarding courses of action. His research

also found that attitudinal variables account for a very small part of the variation in officers'

behavior (Worden, 1989). He suggests future research focus on structural features of the

organization by studying the culture of the police department, patterns of behavior as well as

education levels within the force (Worden, 1989).

Manis, Archbold and Hassell studied if officers who had obtained four-year college

degrees differed in number of complaints as opposed to those officers who had some college

credits but had not completed a four-year degree. They also studied if the type of degree played a

role, and if years of experience with the department were a factor in excessive use of force and

officer complaint reports. They did not find a statistically significant difference in the type of

degree held. They found the number of years with the department was a factor in officer

complaints. Less experienced officers were more likely to have complaints and to receive

discipline for the complaints as opposed to officers with more years with the force. They did find

the number of complaints of officers with a four-year degree was significantly lower than those

officers who did not hold a four-year degree. Thus showing that officers without a four-year

college degree are more likely to generate a greater number of formal complaints (Manis,

Archbold, Hassell,2008).

In Samuel Walker’s 2012 article, Institutionalizing Police Accountability Reforms: The

Problem of Making Police Reforms Endure discussed the issues when trying to implement

reform within a police department. He gives a detailed description of a potential resolution to the

issue of police accountability reform as it relates to subculture within the department and

provides a model program for institutionalizing accountability-related reforms that are based on

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evidence from his previous research. He suggests developing training that explains the goals and

benefits of the reform to all officers. He notes that Research from the National Police Research

Platform suggests “training can increase the receptivity of police officers to new innovations”

(Walker, 2012 pg. 92). He also recommends ongoing independent monitoring to ensure

compliance. They suggest more research on this topic to further dismantle the causes of

excessive force.

Geoffrey R. Alpert and John M. MacDonald, authors of Police use of Force: An Analysis

of Organizational Characteristics, say that much of the issue surrounding the topic of excessive

use of force is related to lack of a universal system for police agencies to report and keep track of

instances where excessive force is used. He also mentions the need for a comprehensive term to

define what excessive force is. Their study examined roles of organizational characteristics in the

use of excessive force. They found that police departments, who collected data on excessive

force and used it for a purpose, had higher rates of force than agencies that did not. They

rationalized that this could be because agencies that use their data for a specific purpose have

better ways of collecting the data than those agencies that do not use it for a specific reason.

They also found that if the agencies required a supervisor or another officer to complete to use of

force form, the rates of force were lower. They hypothesized that the more accountability placed

on officers, the more they were discouraged from using force. The article also suggests that a

lower rate could be attributed to underreporting by officers for fear of disciplinary action (Alpert

and MacDonald, 2001).

II. Best Practices

Training – Training is done in an effort to better equip officers to handle situations with

different tools other than a lethal weapon. An example of a training tactic is a form of martial

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arts called Copkido. Copkido was created by a former Boston police officer and includes de-

escalation training and restraint techniques used to hold violent suspects. His organization

provides martial arts training to first responders and claims to promote employee safety and

liability reduction. He explains it as a form of non-violent self-defense that reduces claims of

excessive force and brutality (Copkido.com, 2015). Strengths: Less expensive than the purchase

of body cameras or other technology. Weakness: There is no research to back up the claims of

Copkido. Geoffrey P. Alpert’s research showed a correlation between physical force such as an

officer using their hands and feet to aide in restraining the suspect actually increases the

likelihood of injury to all involved (Police Use of Force: The Impact of Less-Lethal Weapons

and Tactics, 2011)

Non-lethal weapon training is another form of training currently being implemented.

According the National Institute of Justice website and the study conducted by Geoffrey P.

Alpert, professor of criminology at University of South Carolina, the use of physical force by

officers increased the injury to both police and suspects. They found that pepper spray and

Tasers decreased the likelihood of suspect injury by up to 70 percent. Strengths: Pepper spray

and Tasers cause pain, but they actually reduce injuries and death associated with their use is rare

according to current research. Weaknesses: Deaths are in fact associated with the use of Tasers,

however most are associated with multiple activations of the Taser and with proper training

officers could be educated on the statistics (Police Use of Force: The Impact of Less-Lethal

Weapons and Tactics, 2011). The biggest weakness would be the need for money to train

officers properly on the use of Tasers.

Cultural awareness training is also being utilized in some police departments. The United

States Commission in Civil Rights says excessive force creates fear and distrust in communities

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especially among minorities. Police-community tension happens because of previous incidents

and differences in culture and understanding. They mention these conditions can be fixed

through improved relations and cooperation between law enforcement and citizens. It is believed

that cultural training, hiring minority police officers, and community policing efforts can help

alleviate the tension (Alternative Models for Police Disciplinary Procedures, Retrieved from

http://www.usccr.gov/pubs/sac/wv0104/ch4.htm). After a 2008 racially charged incident

involving 8 children in Nantucket, The Police chief implemented similar tactics in his

department. These include diversity training, reorganizing its authoritative positions, hiring

sergeants who can act as supervisors on all shifts, and creating a centralized dispatch center

(Abel, 2008). The National Crime Prevention Counsel says that diversity is a must when it

comes to community trust. The website mentions, hiring bilingual police officers and providing

training in cultural differences to develop a greater cultural sensitivity for law enforcement and

to improve relationships, gain the trust of the community, and better help them address local

crime problems (Strategy: Raising Cultural Awareness. Retrieved from,

http://www.ncpc.org/topics/hatecrime/strategies/strategy-raising-cultural-awareness) . According

to the United States Commission on Civil Rights website, cultural awareness training should be

done right after being hired to the force and people from minority groups should help with the

training in order to eliminate errors. Strengths of this training are, because it would be

conducted with all other initial officer training, it would be fairly easy to add it into the existing

curriculum without too much extra cost (Alternative Models for Police Disciplinary Procedures,

Retrieved from http://www.usccr.gov/pubs/sac/wv0104/ch4.htm). Weaknesses: It may be very

difficult to find a member of a minority group willing to help with training. Hiring a diverse

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police force may be difficult and research has shown that a more diverse force does not

necessarily help the problem of excessive force.

Education Levels of Officer – Steve Young, Chair of the NAACP, Prison Project mentions

the need for more seasoned officers. With increasing rates of officers reaching retirement age,

the resulting force is made up of young officers with little sensitivity training and no experience

working with minority populations (Harper, 2007). Recent studies show a correlation between

the education level of an officer and the likelihood of them using excessive force or discharging

their weapons (Paoline & Terrill, 2007; Terrill & Mastrofski, 2002) A study Published in Police

Quarterly found, officers with some level of college or a 4-year degree actually use less force

than non-educated officers (Terrill & Rydberg, 2010). Officers who are less experienced with the

police department are also more prone to use excessive force.

An Article from CNN discussed the findings of an investigation by the DOJ into the Seattle

police department. They found that officers routinely escalate situations and use excessive force

in an unconstitutional manner more than 20% of the time as well as in minor arrest situations.

They also found that more than a 3rd of the officers have 3 or less years of experience. In an

effort to restore public confidence and properly train new officers, they are implementing

leadership training, mentoring and other tactics to instill proper and effective constitutional

policing in their young force (Barnett, 2011). Strengths: Research shows that more educated

officers lead to less excessive force. Weaknesses: What about the officers who are already with

the force, can you require them to go back to school? It is expensive to change hiring practices

and policy and will cause debate and turmoil within the department.

Mental Health Services –The use of police department counselors and other mental health

professionals is underutilized. Many departments’ use these skilled practitioners only in pre-hire

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evaluations and debriefing scenarios. Many believe it would be beneficial for counseling services

to be made available to officers on an on-going base to work through work-life balance issues

and family and personal troubles related to the profession. Counseling practice would allow

mental health professionals to notice patterns of at-risk behavior before it leads to an excessive

force case. Strengths: More mentally sound officers who have an opportunity to get worries and

troubles off their chests, are better able to perform their duties. Weaknesses: Officers may be

unwilling to participate in the counseling provided for fear that what is discussed in the sessions

could be used against them.

Informing officers on how to deal with the mentally ill could also fall under the mental health

services umbrella. New information and a plethora of cases involving officers shooting unarmed

mental ill suspects has led to many departments implementing mental health training for all

officers. DeKalb County Police captain, Sonya Porter announced changes to mental health

training within the department. DeKalb County police officers will start the training starting

April, 2015. The current mental health training for this department is only 4 hours and will be

increased to 40 hours. Part of the training will consist of officers going to a mental health

facility to see a real crisis situation first hand. They will be trained by mental health professionals

as to how to handle the situation. Police Captain, Sonja Porter says that having officers who are

aware of what to look for in mental health cases will ensure they know how to deal with the

situation differently. This article comes days after the shooting death of a naked, unarmed,

mentally ill man at a DeKalb County apartment complex. Strengths: Officers who are educated

on how to handle situations with the mentally ill will be less likely to resort to excessive force.

Weaknesses: This is a newer concept and there is no current research to speak of the

effectiveness of mandatory mental health training. Cost, and time constraints are also an issue.

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Although it is a move in the right direction, 40 hours of training is not enough to give them a

comprehensive overview of what mental illness is and how to handle it properly. Many

professionals go to school for years to gain this kind of knowledge, 40 hours of training is better

than no training, but it is not sufficient.

Independent monitoring agencies – Many of the investigations that the Department of

Justice take on involve consent decrees, where the department in question is required to change

some of their operations in an effort to decrease the amount of excessive force cases. Many of

these consent decrees involve independent monitoring agencies who are appointed the task of

collecting and reporting on the data. In some instances independent monitoring groups are made

up of civilians and in other instances they are completely separate from the community. The city

of Denver tried implementing a similar technique by creating a new “Manager of Safety”

position who was responsible to issue reports to the public on cases involving death or serious

bodily injure at the hands of Denver Police. The American Civil Liberties Union website

addressed the neglected promises made by the city and mentioned that at the time of the article,

there had been 8 shooting deaths and one Taser death in a 16 month time span that the Manager

of Safety had failed to report on (ACLU – Colorado, 2010) In addition to Denver, the DOJ is

also implementing similar strategies in Albuquerque, New Mexico and other cities with high

profile excessive force cases. Strengths: If reporting rules could be enforced public reporting of

these cases would aid in the transparency and accountability of operations and investigations

within the departments. Weaknesses: There does not seem to be a check in place to enforce the

reporting by the independent agency or the Manager of Safety.

Citizen Oversight –Citizen review boards are appointed by the mayor and generally review

complaints and make recommendations as to disciplinary action after the police department has

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completed its own investigation and made a disciplinary recommendation (Alternative Models

for Police Disciplinary Procedures, retrieved from

http://www.usccr.gov/pubs/sac/wv0104/ch4.htm). After allegations the Portland Police

Department was violating Fourth Amendment rights, the DOJ and the PPD formed a consent

decree and are working together in federal court to implement needed changes and training to the

department. The changes will be monitored by a “community liaison” and will allow for the DOJ

to receive reports on progress and the public to give feedback as to if the changes are working in

the community (Cratty, 2012). Strengths: Transparency and accountability to the communities

they police. Weakness: As seen in previous cases, it is often difficult to monitor and enforce.

Body Cameras – Body cameras are used in an effort to create accountability and

transparency of police practices and community interactions. There is some hesitation with the

use of body cameras and some departments say they are hesitant to implement them due to the

lack of guidance and comprehensive standards set by the government (Miller & Toliver, 2014).

A recent study in Rialto, California found a 60 percent reduction in use of force when cameras

were used and an 88 percent decline in complaints. The same study conducted in Mesa, Arizona

found 75 percent fewer excessive force cases and 40 percent less complaints. Strengths:

Departments who are using body cams report that officer performance has increased and the

conduct of people in the community has changes as well because they know they are being

recorded. Research says that body cameras do aide in the reduction of excessive force incidents.

Weaknesses: Very expensive, creates policy issues with regard to new technology and old

policies that are not made for it. Privacy related issues, when should officers record, are they

allowed to record inside of private homes? There is also the issue of data storage and retention

(Miller & Toliver, 2014).

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Federal Government Involvement – Federal Government involvement in solving excessive

force has been implemented in many departments and discussed in this paper. This involvement

includes consent decrees put in place by the DOJ and federal grants to help support the budgets

of local police departments as well as the creation of housing programs and vouchers as

incentives for police to live in the communities they police. Steven Young, who chairs the

NAACP Prison Project, says that much of the problem with excessive force stems back to the

fact that law allows for officers to live outside of the area they patrol therefor leaving them naive

and disconnected from the communities they police (Harper, 2007) Offering housing vouchers

for officers who choose to live where they work may reduce excessive force. Strengths:

Research shows that just the mere presence of a patrol car decreases crime rates. Weakness:

Officers may not want to live in the areas for fear of violence or retaliation against them or

members of their families.

An article covering the newly released Department of Justice report highlighted issues found

within the Ferguson, Missouri police department. It discusses the role that culture within a police

department plays when trying to implement changes and states “The law is the only tool that

exists to compel widespread change within a police department,” implying that the only way for

reform to happen is by the DOJ getting involved and forcing change because they will not do it

on their own (Childress, 2015). Strengths: Creating laws and funding programs for the

departments to abide by may help increase the needed changes and make it possible for local

police departments to budget for necessary reform. Weaknesses: Tax would need to be raised in

order to fund these programs and grants.

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III.Table 1 - Summarized Chart of Best Practices.

Practice Strength WeaknessTraining - De-escalation/Copkido Cost effective

No research to backup effectiveness

Training - non-lethal weapons Less injuries reported Training costs and time intensive.

Training - cultural awareness Can add to existing training programs Lack of help from community members

Officer Education More education = less excessive force Costly to change hiring practices. Will lead to debate.

Mental Health Services - Officer Better performance May not be willing to participate

Mental Illness Training Compassion for mentally ill. Costly, time consuming.Independent Monitoring Agencies Transparency, accountability Lack of enforcement

Citizen Oversight  Transparency, accountability, community involvement  Lack of monitoring and enforcement

Body Cameras Research backed, less force better conduct Expensive and controversial

Federal Gov. Intervention Larger budgets to increase likelihood of reform programs Increased taxes

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