Gentlemen, get the thing straight, once and for all: the policeman isn't there to 'create' disorder; the policeman is there to 'preserve' disorder.
— Mayor Richard Daley, 1968 Democratic Convention
I bet you didn't know it, but a beating at the hands of the police is supposed to involve science and medicine. Yeah, true, the cops do know to do soft tissue work so it doesn't show up on x-rays. (Military interrogators have refined this to high art.) But baton work is still a mystery to many law enforcement officers. So the wonderful people over at Monadnock Lifetime Products, a vendor of police batons, put together two charts for the 5-0 to determine where to beat a suspect and what level of aggression is appropriate. (Isn't this so helpful?) Monadnock has also created a description of various techniques, including grip and how to retain a baton when faced with an agressive suspect, like, oh, say, the Critical Mass bikerider whose bicycle is being illegally stolen by the cops.
The inherent difficulty with the question of force is the fact that though DEADLY FORCE issues are fairly clear, an officer can use deadly force to "protect his/her life or the life of another person against threats of serious bodily harm or death." The laws are not as clear when less-than-deadly force is acceptable to make an arrest, and this is the very area that gives law enforcement officers the most problems. This also leaves you in a precarious position. As a street officer, you are never quite sure just how much force is going to be required because each situation presents its own new and completely different set of circumstances. Though there is no way to completely insulate yourself from allegations of excessive force or wrongdoing, there are precautions you can take to lessen the chance of being accused of excessive use of force or wrongdoing including:
1. Be familiar with your department's policy on the use of force, as well as appropriate federal and state statutes dealing with the use of force. One example of federal statute you should be aware of is the Civil Rights Act of 1871 (Title 42 U.S.C. Section 1983). This statute is commonly used by a person alleging a violation of their civil rights by a police officer via excessive use of force during an arrest.
"Every person who, under color of law or any statute, ordinance, regulation, custom or usage, of any state or territory, subjects, or causes to be subjected, any citizen of the United States or any other person within the jurisdiction thereof to the deprivation of any rights, privileges or immunities secured by the constitution and laws, shall be liable to the party injured in an action at law, suit in equity or other proper proceedings for redress."
This statute, along with other companion federal statutes, guarantees our civil rights against excess or abuse from public officials. What constitutes a violation? The court has stated conduct that shocks the conscience of a reasonable and prudent man. Examples of conduct that "shocks the conscience" can be found in a number of court decisions, but its precise meaning is not always clear or constant. However, it is important to mention in any use of force discussion.
2. Your report must justify the "need" to use force to control or restrain a person who is breaking the law or resisting a lawful arrest. Simply, you should use progressively stronger techniques to bring about compliance and stop when you have gained and can maintain control over the person being arrested. This approach gives a person ample opportunity to comply before being subjected to stronger control techniques or the possibility of being injured."What is Use of Force," Use of Force, Chapter 1, Monadnock Lifetime Products
The first step in beating a suspect is to ascertain exactly what level of beating is required. That's where the "Resistance-Response Model" model comes in. After all, if an officer uses too much force they might lose their job and their pension. So here's how cops are supposed to decide how much of a beating someone deserves:
The Use of Force by an officer should be directly related to the amount of resistance being offered by a subject. With this theory in mind, an agency can represent their Use of Force policy in a simple chart, called the Resistance-Response Model.
The Resistance-Response Model can be helpful in teaching and illustrating a department's Use of Force Policy. The model's concise format makes it a very simple but useful training aid in teaching students what level of response is a appropriate. Thus it can not only help protect the officers in your department from harm but it also protects them and the agency from liability.
The model also helps explain to students how a police baton, along with its other various defensive and subject-control options, functions within their agency's Use of Force guidelines."Resistance-Response Model," Use of Force, Chapter 2, Monadnock Lifetime Products
Bet you didn't know it had been distilled down to such a science.
Now, once the level of beating has been decided, it's time for the cops to decide where to administer it. And, once again, the wonderful people over at Monadnock have made this phase just as easy as the first:
Escalation and De-Escalation of Trauma
The concept of Green, Yellow and Red Target Areas of the Monadnock Baton Chart was developed to assist officers in assessing the probability of injury to subjects. When time allows, officers' use of force should take into consideration escalating and de-escalating options based on threat assessment, officer/subject factors and the probable severity of injury.
The Concept in Action
Green Target Areas are for confrontations where the subject is resisting an officer or another. Yellow Target Areas are for confrontations where the subject is assaulting an officer or another, or when force applied to a Green Target Area fails to overcome resistance or does not correspond with the threat level. Red Target Areas are for confrontations where the subject is attempting to cause serious bodily injury to an officer or another; or situations where force to lower level target areas fail to overcome the resistance and end the confrontation. Physical force directed at Red Target Areas pose a greater risk of injury to the subject and in certain areas may constitute deadly force because of the probability of causing death."The Monadnock Baton Chart," Use of Force, Chapter 3, Monadnock Lifetime Products
Red light, green light. It's one game that's a whole lot less fun when the police play it.
Battalions of riot police,
With rubber bullet kisses,
Service with a smile.
"Deer Dance" by System Of A Down