RUNNING HEADER: 2019 USE OF FORCE EXECUTIVE SUMMARY 1

2019 USE OF FORCE EXECUTIVE SUMMARY

By Jaron McAlister
LEPSL 500: Critical Issues in Law Enforcement & Public Safety
02/24/2019
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This is the executive report for the 2019 National Law Enforcement Use of Force

Committee. The committee discussed numerous topics surrounding the level of use of force

implemented by law enforcement officers around the nation. The United States Supreme Court

has held that Graham v. Connor holds precedence in the criminal evaluation of use of force by

law enforcement. The committee holds firm with this precedence and will not further restrict

law enforcement in the application of force.

The 2015 Police Executive Research Forum (PERF) suggested alternatives to use of force

by emphasizing de-escalation techniques. PERF thoroughly examined the “21-Foot Rule” as well

at the “UK experience.” PERF believed the “21-Foot Rule” was incorrect in that it gave officers

authority to use deadly force when encountering a subject with a knife with in twenty-one feet.

PERF suggested, “Rather, officers should be considering the totality of the situation, and should

be asking themselves questions about the nature and severity of the threat, the options they

may have, whether additional officers and resources can be summoned, what the officer can

say to the person in order to de-escalate the encounter, and the other factors” (PERF, 2015, p.

14). PERF stated what is already covered under Graham v. Connor in that the totality of the

circumstances are accounted for and then viewed through the lens of a reasonable officer at

that time. The committee disagrees with PERF’s statement that officers use the “21-Foot Rule”

independently from other facts presented at the time of the officer’s decision. PERF examined

law enforcement’s focus on de-escalation in the United Kingdom where many officer’s do not

carry firearms. The UK implemented the “National Decision Model” which is a five-staged

model and is applied by officers prior to making a decision. The model is thorough and guides

the individual through decision making process, however, it is not applicable when incidents
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require quick reactions and quick decisions. The model is similar to the U.S. Air Force’s Risk

Assessment Matrix and is beneficial in properly planning and mitigating risk. The committee

does not see the “National Decision Model” as applicable for quick reaction incidents that law

enforcement in America face. America is very different from the UK in that the right to bear

arms is in the very fabric of the constitution. American law enforcement is faced with armed

conflicts much more than that of the UK, so implementing a UK tactic independently from the

many different variables the U.S. is reckless. The committee does agree with the model in that

it calls for the officer to slow down and de-escalate the conflict. Officers should always look to

de-escalate conflict and find alternative ways of resolution and not be the source of the

escalation.

The call for officers to process more information in a short amount of time when under

stress is a daunting request. The average untrained person is unable to cognitively make sound

comprehensive decisions when a moderate amount of stress is placed on them. The ability to

perform in a stressful environment takes a tremendous amount of training and experience. Law

Enforcement agencies should place training atop their priority list. Officers should be regularly

challenged in training regarding the de-escalation of a conflict. The officers should be placed

under a moderate amount of stress while working through the conflict and receiving a large

amount of healthy feedback on their actions. The more training officers receive the more

comfortable they are when encountering a difficult and dangerous situation. The federal and

state governments should reflect this view in allocating funding for the proper training of

officers. Currently, the state of California has cut 13 million dollars from the budget which was

allocated for law enforcement training (Presentation 5.2: Spotlight Experts). This reflects poorly
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on the state who requires more of law enforcement but does not back their requests with

resources.

PERF examined a new approach to training and NYPD Chief Matthew Pontillo outlined

the training of the 35,000 NYPD officers in de-escalation tactics. Officers attend a three-day

training annually which addresses the foundations of policing, tactics and officer safety and

smart policing. The training reaffirms the nature of policing and taking the role of smart,

compassionate police officers. Officers are trained and retrained on effective physical restraint

if needed. Officers examine and focus on de-escalation tactics and mitigate the effects of stress

and adrenaline during an incident. The committee agrees with Chief Pontillo’s training

principles and highly encourage agencies to adopt the same or a similar program. The call for

training is echoed in the Final Report of the President’s Task Force on 21st Century Policing.

“2.2.1 Action Item: Law Enforcement agency policies for training on use of force should

emphasize de-escalation and alternatives to arrest or summons in situation where appropriate”

(The Final Report, 2015, p.20).

With Graham v. Connor being the precedence for criminal review of law enforcements

application of force the committee’s recommendation is a heavy emphasis on training. The

training will ultimately lead to equipping the officers with the tools, experience and knowledge

to properly use force when applicable. With a heavy emphasis on de-escalation techniques,

encounters involving use of force between citizens and law enforcement inevitably will

decrease.
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REFERENCES:

Police Executive Research Forum (2015) Re-Engineering Training On Police Use of Force,

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Final Report of The President’s Task Force On 21st Century Policing (2015) Retrieved from

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