Understanding the Flaws in Arrest Control Programs

The Problem with Pre-Packaged Programs

Law enforcement agencies often stick to their chosen arrest control programs. But why? Many of these "one-stop-shop" programs rely on questionable concepts. Take, for instance, the "Use of Force Continuum." This idea teaches recruits and sworn officers that if a subject exhibits a certain level of resistance, the officer can respond with a predetermined level of force.

These programs typically come with a few posters featuring a flow chart of use of force, complete with color coding. The issue is clear. These pre-packaged arrest control programs are popular because they are convenient for the buyer. They are well-packaged, and the companies selling them often promise to provide a representative for court appearances if needed. This sounds familiar, doesn’t it? It’s similar to how door-to-door solar companies operate, claiming that "everyone is using it," implying it must be good.

The Reality of Use of Force

The truth is that a "Use of Force Continuum" is fundamentally flawed. There is no way to govern the use of force with a flow chart created in a corporate office. Officers must rely on "Objectively Reasonableness," the standard set by the U.S. Supreme Court.

Using lawful force is not straightforward. There are always variables, angles, points of view, training, skill sets, and other factors involved. How can anyone expect to simplify the complexities of using force into a flow chart?

When an officer testifies in court or during a deposition, remember that it’s not just the officer present. Their trainers, training department, police department, and the city or county that approved the pre-packaged program are also involved. This reliance on a generic program is a lazy approach for departments handling such significant matters.

The Challenge in Court

I doubt that an officer’s statements about their use of force will be convincing. They often rely on a color-coded flow chart to justify their actions instead of referencing the guiding laws established by the authorities.

Now, consider the opposing side. An expert who can articulate the complexities of use of force, the relevant factors, and pertinent case laws will have a significant advantage. This expert will understand common police practices and training. This knowledge will make winning your case much easier.

Accountability and Quality Control

Ultimately, my focus is on holding individuals accountable for their actions. There must be ongoing quality control for those entrusted with such a high level of authority. The legal system must ensure that law enforcement agencies are using effective training programs that reflect the realities of their work.

The Importance of Expert Testimony

Expert testimony is crucial in cases involving use of force. An expert can clarify the nuances that a simple flow chart cannot capture. They can explain the various factors that influence an officer's decision-making process. This clarity can make a significant difference in the courtroom.

Conclusion

In conclusion, the reliance on pre-packaged arrest control programs is problematic. These programs oversimplify complex situations and can lead to misunderstandings in legal settings. Officers must be trained to understand the intricacies of their actions, not just follow a flow chart.

By prioritizing accountability and quality control, we can ensure that law enforcement agencies operate effectively and justly. This commitment will enhance legal strategies and ensure courtroom confidence.

---wix---