Death by cop

Summary:

There are numerous factors that play a role in the variety of services law enforcement agencies around the country perform:

1.     The demands of local communities

2.     Political demands

3.     Policies and procedures handed down by department leadership

4.     The history of the agency itself.

Police officers have made great strides from their historical roots in street policing. Police officers are now subject to numerous law, policies, and procedural guidelines that serve to hold them accountable for their actions while also making it clear what they can and cannot do. This chapter addresses the use of police by police officers and the factors the influence an officer’s decision of whether or not to use force.

Research provides that 99% of police encounters result in no police use of force. Although the research may lead some to write off the realistic threat of violence against police officers, it is still vital that our police do not become complacent. Even though they face a low chance of ever having to use force, the one time that may require them to do so could be deadly if they are not mentally prepared. This chapter specifically mentions the rare occurrence known as suicide by cop, and the lasting effects it has on both the police and the offender.

The majority of this chapter addresses the 5 factors that influence a police officer’s use of force and they are:

1.     Local, state, and federal laws

2.     Departmental policies

3.     The training the officer has had

4.     The method of policing within their specific community

5.     The personality characteristics of the individual officer

The first factor mentioned in the chapter is the laws of their city, state, and federal laws. In short laws serve to outline what an officer may or may not do , and the tend to be broad. Laws or ordinances at the local level are narrower than those at the state level and state laws for the most part are narrower than federal laws. To be a police officer one certainly does not need to be a lawyer but a good grasp of the law, especially laws that govern their actions, maybe invaluable in the event they are faced with a situation involving the possible use of force.

The next factor deals with policy. It is generally understood that police exercise broad discretion in their decisions whether to write a citation, and sometimes even whether to arrest someone or not. According to the book, policies simply serve to guide officer’s thinking process, whereas procedures serve as a guide to what the best way is in applying policies. Departmental policies and procedures must be created in accordance with the state and federal laws and they must be written as clearly as possible in order to effectively inform and guide the police.

            The training each individual officer receives plays a very important role in the decision making process and reaction of police officers. In the heat of the moment officers thinking process maybe clouded and that is when their training comes in. if they have been properly trained them will respond instinctively in accordance with their training.

            Departmental practice is the next factor discussed. In short the idea behind this is that some of the policies created by the department that may have been enforced during an officer’s initial training may not be actually practiced in the real world. The book uses the example of a department’s policy requiring the wearing of their hats when stepping out of their vehicle. During the officer’s initial training it was drilled into his head, but when he hit the streets he realized that although the policy is clearly written, it is not practiced by officers. 

            The last factor is arguably the most influential in police officer’s decision making is the individual’s personality characteristics. Departments need to establish early warning systems that will help to identify those officers who are more inclined to respond aggressively or passively. If departments can better their understandings of their own police officer’s they have a better chance at preventing police abuse among other abuses of authority.

            The last half of the chapter addresses the use of deadly and non-deadly force the issues that arise when an officer is killed or a citizen is killed and lastly what a department should do to an officer who uses unauthorized force.

Reflection:

            I think most agree that police should be given broad discretionary powers inherent with the nature of the job. The job of a police officer can be stressful enough, but when you include all of the laws, policies, and procedures they must know and are expected to follow in any given situation that stress increases tenfold. Imagine being an officer during a traffic stop. In large part the average traffic stop does not trigger much stress, but what about traffic stops in which you the officer suspect the driver of being under the influence. At that very moment numerous local, state, federal laws are triggered, not to mention the constitutional issues. The officer must at a moment’s notice know what he is allowed to do and what is prohibited by the law at all levels. Furthermore, while adhere to the law he must also act in accordance with departmental policies and procedural guidelines. Obviously the officer must be familiar with a lot of rules that guide his actions and any violation of those rules may jeopardize any potential conviction. As the seriousness of the crime increases so too do the number of laws and rules the officer must adhere to.  In my opinion by being a country that places great interest in protecting civilian rights we make the job of police officers very difficult and stressful at times.

            In most situations if an officer violates someone’s rights or fails to follow procedure, the worst result is either a failure of conviction or possibly departmental punishments. However, in the situations in which the use of force is at hand the end result very well could be death. Therefore, the laws our legislators create and the policies/procedures departments create must be as clear and concise as possible because any ambiguity in a law may lead to death. Departments must not ignore the 5 factors that influence an officer’s decision making process while creating policy and the government must attempt to understand the possible consequences before passing any law governing the actions of police.