Law Enforcement agencies are stubborn when it comes to their chosen arrest control programs they use. The question is why? Most of these ‘one stop shop’ type programs incorporate made up concepts. Here is an example. A ‘Use of Force Continuum’. This is a concept that teaches recruits and sworn officers that, if a subject does this (level of resistance) then you the officer can do this (use of force).
With these program, you get a few posters with a flow chart of use of force, quite literally. It even comes with color coding! Here is the problem as I see it. These pre-packaged arrest control programs are used because they are convenient for the buyer. They are packaged well AND typically the company that sells these programs will even promise to provide a representative to appear in court, if needed (yea right). They will also sell these programs in the same exact manner as those pesky, door to door solar companies, telling you that ‘everyone is using it’ so see, it must be good!
The reality? A ‘use of force continuum’ is bunk! There is no way that using force can be guided nor governed by a flow chart that was dreamt up in some corporate office. Officers lawfully using force is guided by ‘Objectively Reasonableness’. This is the standard set by the U.S. Supreme Court.
Using lawful force is not ‘cut and dry’ in its application. There are always variables, angles, points of view, training, skill sets plus all the other ‘use of force factors’ in play. How can anyone possibly try to package using force into a flow chart?
If you have an officer on the stand or in a deposition, remember, it’s NOT just the officer that is there. It is their trainers, their training department, their police department and their city or county that has bought off on this pre-packaged program sold to them by a company that just has a good sales program. That’s a lazy way for departments to conduct business of this magnitude. Go get ‘em!
I doubt the officer’s statements and explanations regarding their use of force and understanding use of force will be sufficient because they will try to use a color-coded flow chart to explain their actions and not the guiding laws that are set forth by THE authorities.
Now, stack them up against an expert that can explain in understandable terms, use of force, use of force factors, pertinent case laws with knowledge of common police practices and police training and you just made winning your case easier without a doubt.
For me, in the end, it’s about keeping those accountable for their actions and continued quality control work for those that have been trusted with such a high level of authority.