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Project title: Identifying Situational Determinants of Police Use of Force.

A Systematic Social Observation of Body


Camera Footage in Newark, NJ
Funding agency: Charles Koch Foundation, Criminal Justice and Policing Reform Program
Principal Investigator: Eric L. Piza, Ph.D.
Co-Principal Investigator: Victoria A. Sytsma, Ph.D.

Reporting Descriptive Statistics for the Project Identifying Situational Determinants of Police
Use of Force: A Systematic Social Observation of Body Camera Footage in Newark, NJ

Victoria A. Sytsma
Department of Sociology
Queen’s University at Kingston

Eric L. Piza*
John Jay College of Criminal Justice
City University of New York

Vijay F. Chillar
School of Criminal Justice
Rutgers University

June, 2020

*Corresponding author: John Jay College of Criminal Justice, 524 West 59 th Street, Haaren Hall 636.15, New York,
NY 10019, epiza@jjay.cuny.edu, +1 347-850-7048
ABSTRACT

Results of a 2011 U.S. Department of Justice Civil Rights Division investigation into the Newark

Police Division (NPD) confirmed unconstitutional pattern of practice, which included excessive

use of physical force. This investigation resulted in a Department of Justice consent decree,

requiring the deployment body-worn cameras (BWC) and revised training on use of force in an

attempt to prevent unnecessary uses of physical force. This report capitalizes on the proliferation

of those BWCs to develop in-depth descriptions of police use of force events recorded on video

between December 2017 and December 2018. Such reporting addresses the need to produce

“strategic information products” that describe the context of use of force events, the suspect and

officer characteristics, and the characteristics of the use of force encounter to help inform police

strategies. Results indicate that suspects were commonly under the influence of drugs or alcohol,

less than 20% were in possession of a weapon, and a substantial proportion of use of force cases

involved domestic violence. Bystanders were commonly present during use of force events. Each

of these findings speak to the potential for volatility in many of use of force cases. Officers often

did not announce the presence of a BWC, which runs counter to NPD policy, but for those who

did, they did so shortly after arriving on scene. It was quite common for at least one officer to

display verbally antagonistic behavior, and to do so within less than 2 minutes of interacting with

the suspect. Displays of such behavior were typically short in duration and the force recipient was

almost exclusively the target of such behavior. That said those officers who permitted suspects to

speak for the purpose of expressing their views were consistent in their adherence to procedural

justice principles in that they did tend to address suspect concerns. While the median number of

minutes from the start of the force event to the time at which force was used generally increased

with the severity of the force type, threat of lethal force is an exception to this trend. Generally,

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most officers adhered to the NPD policy of using escalating verbal commands before resorting to

physical force. Such descriptive findings can provide practitioners with information products

useful to daily operations and are discussed.

iii
TABLE OF CONTENTS

ABSTRACT _____________________________________________________________ii

TABLE OF CONTENTS ___________________________________________________iv

LIST OF TABLES ________________________________________________________v

INTRODUCTION AND STUDY OBJECTIVES ________________________________1

STUDY SETTING ________________________________________________________3

RESEARCH METHODS ___________________________________________________3

RESULTS _______________________________________________________________6

SUMMARY AND DISCUSSION OF RESULTS ________________________________46

REFERENCES ___________________________________________________________51

iv
LIST OF TABLES

Table 1. Frequency and percent use of force events, by setting indicators. ____________7

Table 2. Descriptive statistics use of force time event indicators in minutes. ___________9

Table 3. Frequency and percent use of force events, by event indicators. _____________10

Table 4. Cross-tabulation use of force events involving domestic violence, by spousal


involvement. _____________________________________________________________10

Table 5. Descriptive statistics number of suspects and number of bystanders on scene. ___11

Table 6. Frequency and percent use of force events, by type of bystanders and presence of victim
on scene. ________________________________________________________________11

Table 7. Descriptive statistics number of uninvolved bystanders and minutes until uninvolved
bystanders arrive, by time series. _____________________________________________12

Table 8. Descriptive statistics number of involved, antagonistic bystanders, minutes until


involved, antagonistic bystanders arrive, and number of involved, antagonistic bystanders
filming the incident, by time series. ___________________________________________13

Table 9. Descriptive statistics number of involved, non-antagonistic/neutral or helpful


bystanders, minutes until involved, non-antagonistic/neutral or helpful bystanders arrive, and
number of involved, non-antagonistic/neutral or helpful bystanders filming the incident, by time
series. __________________________________________________________________14

Table 10. Frequency and percent use of force events, by suspect attributes. ____________16

Table 11. Frequency and percent use of force events, by suspect weapon possession. ____17

Table 12. Descriptive statistics minutes until suspect weapon discovered, by time series. _17

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Table 13. Frequency and percent use of force events, by suspect conflict and flee attempt.
________________________________________________________________________19

Table 14. Descriptive statistics minutes until suspect attempted to flee, by time series. ___19

Table 15. Frequency and percent use of force events, by suspect displaying verbally antagonistic
behavior. ________________________________________________________________20

Table 16. Descriptive statistics minutes until suspect displayed verbally antagonistic behavior
and duration of behavior, by time series. _______________________________________20

Table 17. Frequency and percent suspect verbal antagonistic behavior target, by time series.
________________________________________________________________________21

Table 18. Frequency and percent use of force events, by suspect displaying physically
antagonistic behavior. ______________________________________________________22

Table 19. Descriptive statistics minutes until suspect displayed physically antagonistic behavior,
by time series. ____________________________________________________________22

Table 20. Frequency and percent suspect physical antagonistic behavior target, by time series.
________________________________________________________________________23

Table 21. Frequency and percent use of force events, by officer demographics. _________24

Table 22. Descriptive statistics number of officers on scene and minutes until officers arrive, by
time series. ______________________________________________________________25

Table 23. Frequency and percent use of force events, by officer announcing presence of BWC
and BWC falling off._______________________________________________________25

Table 24. Descriptive statistics minutes until officer announces presence of BWC and number of
officers wearing BWC. _____________________________________________________26

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Table 25. Frequency and percent use of force events, by procedural justice indicators. ___28

Table 26. Descriptive statistics minutes until suspect permitted to speak for the purpose of
expressing views and duration of suspect speaking, by time series. __________________28

Table 27. Frequency and percent suspects attempting to speak for the purpose of expressing
views, by officer allowing suspect to speak, officer addressing concerns, and by time series.
________________________________________________________________________29

Table 28. Frequency and percent use of force events, by officer displaying verbally antagonistic
behavior. ________________________________________________________________30

Table 29. Descriptive statistics minutes until officer displayed verbally antagonistic behavior and
duration of behavior, by time series. ___________________________________________30

Table 30. Frequency and percent suspect verbal antagonistic behavior target, by time series.
________________________________________________________________________31

Table 31. Frequency and percent use of force events, by officer who used force in the first
instance, final level of force and whether or not the force was captured on camera in the distance.
________________________________________________________________________32

Table 32. Frequency and percent use of force events, by officer giving calm command. __34

Table 33. Descriptive statistics minutes until officer calm command and duration of command,
by time series. ____________________________________________________________34

Table 34. Frequency and percent officer who gave calm command, by time series. ______35

Table 35. Frequency and percent suspect compliance with calm command, by time series.
________________________________________________________________________36

Table 36. Frequency and percent use of force event, by officer giving shout command. __37

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Table 37. Descriptive statistics minutes until officer shout command and duration of command,
by time series. ____________________________________________________________37

Table 38. Frequency and percent officer who gave shout command and suspect compliance with
shout command, by time series. ______________________________________________38

Table 39. Frequency and percent use of force events, by officer using soft, empty hand control.
________________________________________________________________________39

Table 40. Cross-tabulations use of force events with soft, empty hand control, by hard, empty
hand control and by threat of lethal force. ______________________________________39

Table 41. Descriptive statistics minutes until officer soft, empty hand control, by time series.
________________________________________________________________________40

Table 42. Frequency and percent officer who used soft, empty hand control and suspect
resistance of soft, empty hand control, by time series. _____________________________41

Table 43. Frequency and percent use of force events, by officer using hard, empty hand control.
________________________________________________________________________42

Table 44. Descriptive statistics minutes until officer hard, empty hand control, by time series.
________________________________________________________________________42

Table 45. Frequency and percent officer who used hard, empty, hard hand control and suspect
resistance of hard, empty hand control, by time series. ____________________________43

Table 46. Frequency and percent use of force events, by officer using blunt impact control.
________________________________________________________________________44

Table 47. Descriptive statistics minutes until officer blunt impact control, by time series. _44

Table 48. Frequency and percent officer who used blunt impact control and suspect resistance of
blunt impact control, by time series. ___________________________________________44

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Table 49. Frequency and percent use of force events, by officer using chemical control. __45

Table 50. Descriptive statistics minutes until officer chemical control, by time series.____45

Table 51. Frequency and percent officer who used chemical control and suspect resistance of
chemical control, by time series.______________________________________________45

Table 52. Frequency and percent use of force events, by officer using threat of lethal force.
________________________________________________________________________46

Table 53. Descriptive statistics minutes until officer threat of lethal force, by time series. _46

Table 54. Frequency and percent officer who used hard, blunt impact control and suspect
resistance of blunt impact control, by time series. ________________________________46

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INTRODUCTION AND STUDY OBJECTIVES

Police are defined by the coercive powers they are afforded by the state (Bolger, 2015). In

exchange for this coercive power, police are expected to exercise their ability to use force only

when necessary, and in a reasonable manner that is proportional to the threat (Ariel, Farrar, &

Sutherland, 2015; Reiss, 1968). However, the police and the public do not always agree on what

is an acceptable police practice (Reiss, 1968), and perceived excessive or unnecessary force runs

counter to the concept of procedural justice—the perceived fairness of police-citizen interactions

(see Murphy, Hinds, & Fleming, 2008). When the public views agents of the law unfavorably, the

ability of such agents to maintain social order is lost (Kirk & Matsuda, 2011), a concept known as

legal cynicism (Sampson & Bartusch, 1998, p. 778; see also Kirk & Papachristos, 2011).

Understanding how force erupts is essential to curbing it or at least ensuring force is used

only when necessary, and in a procedurally just manner. Prior research on police use of force at

the situational level has not provided detailed accounts of those actions that took place prior to the

“final-frame decision” (White, quoted in Lum, 2015, p. 8), nor has it provided detailed accounts

of how such final-frame decisions reach denouement. Rather, prior research on police use of force

at the situational level has focused on the impact of citizen demeanor as indicated by resistance on

force outcomes (Alpert, Dunham, & MacDonald, 2004; Garner, Maxwell, Heraux, 2006; Terrill,

2003). The proliferation of body-worn cameras (BWCs) provides opportunities to develop in-

depth descriptions of police-citizen encounters recorded on video. Such analysis fits into the

recently advanced video data analysis methodological frame, which involves the in-depth analysis

of video recorded in natural settings for the purpose of exploring situational dynamics and their

effect on social outcomes (Nassauer & Legewie, 2018).

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Makin et al. (2020) demonstrated the benefits BWCs can offer, specifically by enabling

researchers to contextualize outcomes of police-citizen encounters and other social events of

interest. Researchers have recently leveraged such benefits by using BWC footage to study a range

of topics including negative emotional states in police-community interactions (Makin et al.,

2019), passenger aggression towards officers during citation events (Friis, Liebst, Philpot, &

Lindegaard, 2020), opportunities for problem-oriented policing during routine police-citizen

encounters (Pollock, Scott, & Moore, 2020), and the duration of police use of physical force

(Willits & Makin, 2018). That said, as Rosenbaum points out in Lum (2015), “we lack details

about what specific behaviors lead to negative or positive outcomes, that is, who said what to

whom in what tone of voice with what nonverbal cues?” (p. 7).

Braga (2010, p. 177) speaks to the need for academics to provide practitioner stakeholders

with “strategic information products” and communicate their importance to police officials in a

range of venues for the purpose of informing policy and practice (Braga & Davis, 2014). Within

such an arrangement, strategic information products may differ from the experimental and quasi-

experimental evaluation research typically privileged in academia as outcomes represent only one

of many important pieces of information that police require (Greene, 2019). Sparrow (2011) noted

that exploratory and descriptive methods commonly employed in natural science inquiry may

better inform the design of police strategies than program evaluation efforts (also see Greene,

2019).

BWC footage provides researchers with details of the use of force event at the situational

level. We leverage these newfound research benefits by using BWCs to conduct a systematic social

observation (SSO) of police use of force events, and provide a detailed description of use of force

events. The study is an outgrowth of an applied partnership between the research team and the

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Newark Police Division (NPD) , and the use of force event dimensions described in this

‘information product’ include the context of the event, the suspect and officer characteristics, and

the characteristics of the use of force encounter.

STUDY SETTING

Newark is the largest municipality in the state of New Jersey, with a population of over

280,000 according to the most recently available figures from the U.S. Census Bureau. Blacks

comprise nearly 50% of the population with about 36% of residents identifying as Latino. In 2018,

Newark had a violent crime rate of 733 per 100,000 residents, which is larger than the national

average for cities with populations of 250,000 and over (451.5 per 100,000) according to the

Uniform Crime Report.

In May 2011, the U.S. Department of Justice Civil Rights Division opened an investigation

into the NPD after receiving allegations of civils rights violations by the agency. Results of the

investigation confirmed an unconstitutional pattern or practice by the NPD, which included

excessive use of physical force (U.S. Department of Justice Civil Rights Division, 2014). This

investigation resulted in a Department of Justice consent decree, a model of imposed reform

introduced in the 1994 Violent Crime Control and Law Enforcement Act that has become a popular

remedy for agency-driven violations of federally protected rights (Powell, Meitl, & Worrall, 2017).

The consent decree required the NPD to adopt reforms to address the violations, including the

deployment BWC cameras and revised training on use of force in an attempt to prevent

unnecessary uses of physical force (U.S. v. City of Newark, 2016).

RESEARCH METHODS

Design and Sampling

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The present study is a SSO video data analysis of police use of force cases captured on

BWC by the NPD. SSO is a systematic method of data collection developed by Reiss (1968, 1971)

wherein data collection is independent of the phenomena being observed. Video data analysis,

involving the analysis of pre-existing video footage, provides an innovative venue for SSO

(Nassauer & Legewie, 2018).

Similar to Mastrofski et al.’s (2010) description of an event as a social construct, the unit

of analysis for this study is use of force events which includes at least one instance of police use

of physical force. Use of force events include a period of time preceding and following the use of

force incident(s), beginning when the officers are first visibly seen interacting with any involved

parties (e.g., suspects, bystanders, or victims). The exception to this is cases in which the video

footage begins after police had already begun interacting with involved parties. There are 36 such

cases in this study. The end of the use of force event can be described as the time at which full

suspect compliance is secured, making the likelihood of physical force minimal. This may include

the period following an arrest, the time at which suspects were secured within a patrol car, or the

time at which the officers left the scene.

The sampling frame for this study is all closed (i.e., resolved in the courts by plea, trial, or

dismissal) and inactive (not under active investigation by internal affairs units) use of force events,

not involving victims, and recorded by BWCs between December 2017 and December 2018

(N=122). Thirty events were excluded from the analysis for a variety of reasons. The most common

reason for exclusion (n=18) is that the use of force event was not actually captured by BWC. In

these cases, the BWC-equipped officer(s) arrived on-scene after force had been applied. In 5

additional cases use of force occurred after arrest processing—at either a police precinct or

hospital. Such settings fall outside of the public areas of interest for this study. Six cases were

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excluded either because the use of force only constituted the application of handcuffs (n=3) or

because the internal affairs unit was actively investigating the cases (n=3), thus restricting access

to the video from NPD servers pending the conclusion of the investigation. Finally, a single

incident was incorrectly tagged as two events in the BWC database. The final sample consists of

91 cases.

Cases were coded for a variety of variables related to context of the event, including

presence of bystanders, suspect and officer characteristics, various actions of the parties involved,

and the characteristics of the use of force encounter. It took approximately 300 hours to review

and code all use of force events. Due to technological limitations preventing coders from viewing

the video footage remotely, a single coder was responsible for data collection and tests for intra-

coder reliability were conducted. To test reliability, ten percent of cases were randomly selected

and recoded six months after the original coding commenced. Kappa coefficients confirmed the

reliability of all coding for this study, with all coefficients >0.60 (see Landis & Koch, 1977).1

Several items captured here are time-variant. For each time-variant item a variable was

created measuring the number of minutes from the start of the event to the time at which the action

of interest occurred. For some time-variant items a variable was created measuring the duration of

the action in minutes. Additionally, while some time-variant indicators represent isolated actions

(e.g., an officer announced the presence of a BWC at the 1:05 minute mark of the footage), some

indicators fit within a series of the same or similar actions which can occur once, or multiple times

beginning at different time-points (e.g., an officer delivered multiple commands to a suspect during

the encounter). A series is conceptualized as the same or similar action occurring consecutively

for a period of time. The series ends when the action changes, or it shifts in severity or intent. For

1 Reliability test findings are reported in Appendix D of Chillar et al. (2020).

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example, if an officer calmly instructs a suspect to open their backpack using similar language for

1 minute, and does not change the instruction or tone during the entire minute, that would be

considered a 1-minute long series of calm commands. That series of calm commands would end

when the instruction changes (e.g., from “open your backpack” to “turn out your pockets”) or the

tone changes from calm to a shouting command. For cases with multiple series of actions we

measured the number of minutes from the end of one series to the start of the next; or the in absence

of duration (e.g., force actions that occur within seconds or fractions of seconds), we measured the

number of minutes from the start of one series to the start of the next.

To ensure reliability for those variables that are time-variant, start and end points were

assigned to the 5-second intervals closest to the actual start and end time points. For example, a

use of force event beginning between 3:00 and 3:04 was assigned a start time of 3:00 and a use of

force event beginning between 3:05 to 3:09 was assigned a start time of 3:05. Preliminary coding

demonstrated that assigning time points at the 1-second interval resulted in unreliable measures.

Analytical Framework

Frequency tables and cross-tabulation tables are used to present counts and percent of

categorical variables, and measures of central tendency are used to describe discreet and

continuous measures. Time-variant variables are measured at the minute-level.

RESULTS

Describing the Context of the Use of Force Event

Setting. Of the 91 use of force events included in the sample, most (61.5%) occurred during

the night hours (see Table 1). ‘Nighttime’ is conceptualized as the time which darkness has

provided a cover and flashlights or other illuminating devices are required by officers for the

6
purpose of identifying suspects, bystanders, potential weapons, and the scene around them. The

majority of events took place both outdoors (80.22%), and in public spaces (79.12%). Public

spaces are those areas that are open for any persons to occupy, such as sidewalks, public parks,

and common spaces in shopping areas. Additionally, most (65.93%) events occurred on public

streets, with some cases occurring in private areas of single family homes (7.69%) and in common

areas of apartment building residences (7.69%). Five use of force events (5.49%) occurred at gas

stations and 4 events (4.4%) took place in parking lots. These results are not surprising as people

tend to congregate in public spaces, creating more opportunity or need for a police presence and/or

response to citizen calls for service.

Table 1. Frequency and percent use of force events, by setting indicators.

Time of Day
Frequency Percent Cumulative Percent
Daytime 35 38.46 38.46
Nighttime 56 61.54 100
Total 91 100
Location
Frequency Percent Cumulative Percent
Indoor 18 19.78 19.78
Outdoor 73 80.22 100
Total 91 100
Area Use Type
Frequency Percent Cumulative Percent
Public 72 79.12 79.12
Private 19 20.88 100
Total 91 100
Classification of Area
Frequency Percent Cumulative Percent
Public street 60 65.93 65.93
Single family home, private area 7 7.69 73.63
Single family home, publicly visible area 2 2.2 75.82
Apartment building residence, private area 4 4.4 80.22
Apartment building residence, common area 7 7.69 87.91
Public park/commons 1 1.1 89.01
Corner store/small market 0 0 89.01
Liquor establishment 0 0 89.01
Parking lot 4 4.4 93.41
Transit location 0 0 93.41
Retail facility 0 0 93.41
Restaurant 1 1.1 94.51
Vacant space 0 0 94.51
Gas station 5 5.49 100
Total 91 100

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Event. Time in minutes until event resolution is operationalized as the number of minutes

into the video when the officers are first visibly seen interacting with any involved parties to the

time the event is resolved. Event resolution refers to the time a natural break occurs in the event.

This may be different from the time at which the video ends, and may include the time following

an arrest, time at which officers are seen leaving the scene, or the time at which the video turns off

before any of the aforementioned is observed. There is quite a bit of variability in length of use of

force events. The average use of force event in this sample lasts just under 11 minutes, with a

median length of 6.58 minutes, and a range of 1 to 72.08 minutes (see Table 2). In 36 cases officers

are first visibly seen interacting with involved parties immediately when the video begins,

indicating that the event was already in progress when the camera was activated. When those cases

are removed (table not shown), the average use of force event in this sample lasts 12.25 minutes

with a median length of 6.83 minutes.

The median length of time from the start of the force event to the time the suspect is

handcuffed is fairly short (2.58 minutes; mean=6.54), with a range of zero to 69.08 minutes. The

median length of time from the start of the force event to the time the suspect is put into a police

vehicle is 6.67 minutes (mean=10.64), and the median length of time until the suspect is put into

an ambulance is 33.5 minutes. Both the police vehicle and ambulance variables have fairly wide

ranges (see Table 2).

Police use of force may be organized into a hierarchy of actions that increase in severity.

This conceptualization is commonly referred to as the use of force continuum, with the least severe

actions, such as officer presence and verbalization at the bottom of the hierarchy, and the most

severe actions, such as threat of lethal force or use of lethal force at the top of the hierarchy. Our

data demonstrate that it took a median of 2 minutes (mean=6.77) from the start of the force event

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to the time at which the event’s highest level of use of force is used. These results indicate how

dynamic and rapid these events can be. In one case, the final level of force was already in progress

when officers are first visibly seen interacting with any involved parties on the scene; however, in

one case it took well over an hour (68.75 minutes) before the highest level of force of the event

was observed. Again, in 36 cases officers are first visibly seen interacting with involved parties

immediately when the video begins, indicating that the event was already in progress when the

camera was activated. When those cases are removed, the median time until the event’s highest

level of force is used is 2.41 minutes, with an average length of 8.14 minutes.

Table 2. Descriptive statistics use of force time event indicators in minutes.

Variable N Median Mean Std. Dev. Min Max


Minutes until event resolution 91 6.58 10.74 14.02 1 72.08
Minutes until suspect handcuffed 91 2.58 6.54 11.27 0 69.08
Minutes until suspect put into a police vehicle 72 6.67 10.64 13.45 1 72
Minutes until suspect put into an ambulance 11 33.5 37.39 17.30 16.92 74.75
Minutes until final level of force occurred 91 2 6.77 13.64 0 68.75

In more than half (56.04%) of use of force events under study the officer was directed to

the scene by a dispatcher (compared to 43.96% that were not) and 58.24% of police/citizen

contacts are in response to a citizen call for service, rather than a proactive police action (compared

to 41.76% proactive responses) (see Table 3). While not mutually exclusive, proactive actions and

non-dispatcher cases differ slightly in that officers sometimes respond to a situation as a result of

being flagged down on the street from a civilian seeking service, rather than through a dispatcher

call for service. In those instances, the case is not considered proactive, but it is also not a case of

an officer being directed to a scene by a dispatcher. Overall, results suggest that a large proportion

of police citizen interactions ending in force stem from contacts occurring apropos.

In one out of 91 cases an indication of gun violence was observed (e.g., gun shot victim,

gun shot shells, officers’ indication of associated gun violence), and 25.27% of use of force events

9
(n=23) involved domestic violence. Of those 23 domestic violence-related events, 17 or 73.91%

included a spouse on scene (see Table 4). Results around spousal presence may suggest that when

both involved parties of a domestic violence incident are present on scene, the situation is inflamed.

Table 3. Frequency and percent use of force events, by event indicators.

Officer Directed to Scene by Dispatcher


Frequency Percent Cumulative Percent
No 40 43.96 43.96
Yes 51 56.04 100
Total 91 100
Reactive or Proactive Policing
Frequency Percent Cumulative Percent
Police/citizen contact a response to a citizen call for service 53 58.24 58.24
Police/citizen contact a response to a proactive police action 38 41.76 100
Total 91 100
Indication of Gun Violence
Frequency Percent Cumulative Percent
No 90 98.9 98.9
Yes 1 1.1 100
Total 91 100
Event Involved Domestic Violence
Frequency Percent Cumulative Percent
No 68 74.73 74.73
Yes 23 25.27 100
Total 91 100

Table 4. Cross-tabulation use of force events involving domestic violence, by spousal involvement.

Domestic Violence
Domestic Violence with Spouse No Yes Total
No 68 6 74
100% 26.09% 81.32%
Yes 0 17 17
0% 73.91% 18.68%
Total 68 23 91
100% 100% 100%

People. While the number of suspects on scene was typically 1, there were as many as 5

suspects on scene throughout a use of force event (see Table 5). The median number of bystanders

on scene during a use of force event is 2, however there were often no bystanders and the maximum

number of bystanders observed is 24. Of the 64 use of force events in which bystanders were

present, the most common type of bystander on scene was involved, non-antagonistic/neutral or

helpful bystanders, which are present exclusively (no other types of bystanders present) in 39.06%

10
of use of force events (see Table 6). These are bystanders who insert themselves into the event but

are not behaving in an antagonistic manner. Involved, antagonistic bystanders were present

exclusively during 12.5% of use of force events, and uninvolved bystanders were exclusively

present in 10.94% of use of force events. In 10.94% of cases both uninvolved and involved,

antagonistic bystanders were present, in 10.94% of cases both involved, antagonistic bystanders,

and involved, non-antagonistic/neutral or helpful bystanders were present. Victim(s) were on scene

during 31.87% of use of force events. As with the presence of a spouse in domestic violence calls,

it may be that the presence of bystanders—even non-antagonistic bystanders—and victims,

exacerbate the police-citizen interaction.

Table 5. Descriptive statistics number of suspects and number of bystanders on scene.

Variable N Median Mean Std. Dev. Min Max


Number of suspects on scene 91 1 1.36 0.80 1 5
Number of bystanders on scene 91 2 2.97 4.37 0 24

Table 6. Frequency and percent use of force events, by type of bystanders and presence of victim on scene.

Type of Bystanders on Scene


Freq. Percent Cum. Percent
Uninvolved bystanders 7 10.94 10.94
Both uninvolved bystanders; and involved, antagonistic bystanders 7 10.94 21.88
Uninvolved bystanders; and involved, antagonistic bystanders; and involved, non-antagonistic/neutral or helpful bystanders 4 6.25 28.13
Both uninvolved bystanders; and involved, non-antagonistic/neutral or helpful bystanders 6 9.38 37.5
Involved, antagonistic bystanders 8 12.5 50
Both involved, antagonistic bystanders; and involved, non-antagonistic/neutral or helpful bystanders 7 10.94 60.94
Involved, non-antagonistic/neutral or helpful bystanders 25 39.06 100
Total 64 100
Victim on Scene
Freq. Percent Cum. Percent
No 62 68.13 68.13
Yes 29 31.87 100
Total 91 100

All types of bystanders tended to arrive on scene very quickly, although this finding can

be expected given that most use of force incidents occurred in public spaces. Those cases in which

uninvolved bystanders were present, the median number of minutes from when the officers are

first visibly seen interacting with any involved parties to the time at which uninvolved bystanders

arrive on scene is .83 minutes (mean=2.96), with a range of zero to 26.67 minutes (see Table 7).

11
The mean number of uninvolved bystanders on scene at this time-point is 2 (mean=4.22), with a

range of 1 to 23. Cases in which there is more than one time of arrival for uninvolved bystanders

(n=7), the median number of minutes from the time at which the first uninvolved bystanders arrive

on scene until the next uninvolved bystanders arrive on scene is 2.84 minutes and the median

number of observable uninvolved bystanders increases from 2 to 4. In one case there were 3

different arrival times for uninvolved bystanders entering the scene, and the median number of

minutes from the time at which the second uninvolved bystanders arrived on scene until the next

uninvolved bystanders arrived on scene is 4.67 minutes.

Table 7. Descriptive statistics number of uninvolved bystanders and minutes until uninvolved bystanders arrive, by
time series.

Variable N Median Mean Std. Dev. Min Max


Number of uninvolved bystanders time 1 27 2 4.22 5.34 1 23
Minutes until uninvolved bystanders arrive time 1 27 0.83 2.96 5.78 0 26.67
Number of uninvolved bystanders time 2 7 4 6.29 4.82 2 14
Minutes until uninvolved bystanders arrive time 2 7 2.84 3.35 2.58 0.66 7.84
Number of uninvolved bystanders time 3 1 6 6.00 . 6 6
Minutes until uninvolved bystanders arrive time 3 1 4.67 4.67 . 4.67 4.67

For cases in which involved, antagonistic bystanders were present, the median number of

minutes from when the officers are first visibly seen interacting with any involved parties to the

time at which involved bystanders arrive on scene is .79 minutes (mean = 4.61), with a range of

zero to 62.75 minutes (see Table 8). While the median number of involved, antagonistic bystanders

at this time is 1.5, one case had 11 bystanders of this type on scene. Of the 26 cases in which an

antagonistic bystander was present during this time-frame, in 9 cases involved antagonistic

bystanders filming the use of force incident, with as many as 5 bystanders filming at a time. Cases

in which there was more than one time of arrival for involved, antagonistic bystanders (n=6), the

median number of minutes from the time at which the first arrived on scene until the next arrived

on scene is 1.21 minutes. Of the 6 cases in which there is a second arrival time for involved,

12
antagonistic bystanders, bystanders were filming the incident in two cases. Filming appears to be

an activity that is fairly exclusive to antagonistic bystanders.

Table 8. Descriptive statistics number of involved, antagonistic bystanders, minutes until involved, antagonistic
bystanders arrive, and number of involved, antagonistic bystanders filming the incident, by time series.

Variable N Median Mean Std. Dev. Min Max


Number of involved, antagonistic bystanders time 1 26 1.5 2.46 2.34 1 11
Minutes until involved, antagonistic bystanders arrive time 1 26 0.79 4.61 12.37 0 62.75
Number of involved, antagonistic bystanders time 2 6 2 2.17 1.17 1 4
Minutes until involved, antagonistic bystanders arrive time 2 6 1.21 1.85 2.11 0.08 6
Number of involved, antagonistic bystanders time 3 1 2 2.00 . 2 2
Minutes until involved, antagonistic bystanders arrive time 3 1 2.09 2.09 . 2.09 2.09
Number of involved, antagonistic bystanders filming incident time 1 9 1 1.56 1.33 1 5
Number of involved, antagonistic bystanders filming incident time 2 2 1 1.00 0.00 1 1
Number of involved, antagonistic bystanders filming incident time 3 0 0 0.00 . 0 0

Those cases in which involved, non-antagonistic or helpful bystanders were present, the

median number of minutes from when the officers are first visibly seen interacting with any

involved parties to the time at which the bystanders arrive on scene is .5 minutes (mean = 2.27),

with a range of zero to 26.67 minutes (see Table 9). While the median number of involved, non-

antagonistic bystanders at this time is 1, one case had 16 bystanders of this type on scene. Of the

43 cases in which a non-antagonistic bystander was present during this time-frame, one case

involved a non-antagonistic bystander filming the use of force event. Cases in which there is more

than one time of arrival for involved, non-antagonistic bystanders (n=9), the median number of

minutes from the time at which the first arrived on scene until the next arrived on scene is 2.25

minutes. The median number of involved, non-antagonistic bystanders on scene during this second

time period is 2 and of the 9 cases of this nature, 1 includes an involved, non-antagonistic bystander

filming the use of force incident. There are two cases with more than two arrival times for involved,

non-antagonistic bystanders. See Table 9 for descriptive information regarding these two cases.

13
Table 9. Descriptive statistics number of involved, non-antagonistic/neutral or helpful bystanders, minutes until
involved, non-antagonistic/neutral or helpful bystanders arrive, and number of involved, non-antagonistic/neutral
or helpful bystanders filming the incident, by time series.

Variable N Median Mean Std. Dev. Min Max


Number of involved, non-antagonistic/neutral or helpful bystanders time 1 43 1 1.67 2.32 1 16
Minutes until Involved, non-antagonistic/neutral or helpful bystanders arrive time 1 43 0.5 2.27 5.06 0 26.67
Number of involved, non-antagonistic/neutral or helpful bystanders time 2 9 2 2.44 1.24 1 5
Minutes until involved, non-antagonistic/neutral or helpful bystanders arrive time 2 9 2.25 3.25 3.50 0.42 11.5
Number of involved, non-antagonistic/neutral or helpful bystanders time 3 2 6.5 6.50 2.12 5 8
Minutes until involved, non-antagonistic/neutral or helpful bystanders arrive time 3 2 1.88 1.88 1.24 1 2.75
Number of involved, non-antagonistic/neutral or helpful bystanders time 4 2 7.5 7.50 2.12 6 9
Minutes until involved, non-antagonistic/neutral or helpful bystanders arrive time 4 2 19.5 19.50 25.92 1.17 37.83
Number of involved, non-antagonistic/neutral or helpful bystanders time 5 1 10 10.00 . 10 10
Minutes until involved, non-antagonistic/neutral or helpful bystanders arrive time 5 1 0.33 0.33 . 0.33 0.33
Number of involved, non-antagonistic/neutral or helpful bystanders filming incident time 1 1 1 1 . 1 1
Number of involved, non-antagonistic/neutral or helpful bystanders filming incident time 2 1 1 1 . 1 1
Number of involved, non-antagonistic/neutral or helpful bystanders filming incident time 3 0 0 0 . 0 0
Number of involved, non-antagonistic/neutral or helpful bystanders filming incident time 4 0 0 0 . 0 0
Number of involved, non-antagonistic/neutral or helpful bystanders filming incident time 5 0 0 0 . 0 0

Describing the Suspect

Suspect attributes. As mentioned, use of force cases most often involved only one suspect

on scene (see Table 5 above). In the majority of cases (92.31%), the first suspect that the police

interacted with was the person who had force used upon them (see Table 10). Most suspects

(71.43%) are men and most (70.33%) are Black. Suspect median age is 28 years. Results around

age and gender are consistent with known offending populations and the ethnicity results are

consistent with the demographic make-up of the city of Newark. In most cases (96.7%) the suspect

who had force used upon them spoke fluent English and of the two cases in which the suspect did

not speak fluent English, in at least one case an officer on scene spoke to the suspect in their native

tongue. In 9.89% of cases the suspect spoke with an accent. In 25.27% of the use of force cases

under study there is evidence that the suspect who had force used upon them was under the

influence of drugs or alcohol. Such evidence includes the suspect displaying slurred speech,

difficulty standing or walking, and verbal indication of intoxication from bystanders. These results

suggest both that substance use may result in suspects becoming agitated and difficult to manage,

and that police officers may be ill-equipped to deescalate situations involving intoxicated subjects.

14
In 3 cases there is evidence that the suspect suffered from mental health issues. Such evidence

includes verbalization of disorganized thoughts, verbalization of paranoid delusions, and verbal

indications from bystanders. The small number of force recipients with mental health issues is

encouraging as it indicates that officers have either been successful deescalating situations with

such subjects, or they rarely come into contact with subjects with mental health issues.

15
Table 10. Frequency and percent use of force events, by suspect attributes.2

Force Recipient
Frequency Percent Cumulative Percent
Primary suspect: Suspect that was first contacted by officers 84 92.31 92.31
Secondary suspect: Suspect not first contacted by officer but on scene from event start 3 3.3 95.6
Back-up suspect: Suspect that arrived on scene after the event already began (not bystander) 1 1.1 96.7
Don't know 3 3.3 100
Total 91 100
Suspect Gender
Frequency Percent Cumulative Percent
Woman 15 16.48 16.48
Man 65 71.43 87.91
Don’t know 11 12.09 100
Total 91 100
Suspect Ethnicity
Frequency Percent Cumulative Percent
White 2 2.20 2.20
Black 64 70.33 72.53
Hispanic 14 15.38 87.91
Don’t know 11 12.09 100
Total 91 100
Suspect Age
N Median Mean Std. Dev. Min Max
79 28 29.39 10.21 15 61
Suspect Fluent in English
Frequency Percent Cumulative Percent
No 2 2.2 2.2
Yes 88 96.7 98.9
Don't know 1 1.1 100
Total 91 100
Officer Speaks Suspect's Language (non-English)
Frequency Percent Cumulative Percent
No 0 0 0
Yes 1 50 50
Don't know 1 50 100
Total 2 100
Suspect Speaks with Accent
Frequency Percent Cumulative Percent
No 81 89.01 89.01
Yes 9 9.89 98.9
Don't know 1 1.1 100
Total 91 100
Evidence Suspect Under Influence of Drugs or Alcohol
Frequency Percent Cumulative Percent
No 67 73.63 73.63
Yes 23 25.27 98.9
Don't know 1 1.1 100
Total 91 100
Evidence Suspect Suffers from Mental Health Issues
Frequency Percent Cumulative Percent
No 87 95.6 95.6
Yes 3 3.3 98.9
Don't know 1 1.1 100
Total 91 100

2 Suspect gender, ethnicity and age data came from NPD administrative data.

16
Suspect weapon possession. In 18.68% of the use of force cases under study the suspect

was found to be in possession of a weapon (n=17) and in 47.06% of weapon possession cases that

weapon is a firearm (n=8) (see Table 11). In 35.29% of weapon possession cases the weapon is a

knife (n=6) and in 17.65% of weapon possession cases the weapon is a blunt object (n=3). These

results may be an indication that officers are implicitly or explicitly more prepared to or willing to

use force when they are aware of suspect weapon possession, regardless of threat level. In the

majority of weapon possession cases (70.59%), the weapon was found after force was used. This

does not mean the officer(s) were not aware of the presence of a weapon prior to using force. In

15 weapon possession cases the median number of minutes from the start of the event to the time

at which the weapon is located is 1.42 minutes, with a maximum time of 11.58 minutes (see Table

12). In one case a second weapon was discovered and that weapon was discovered 30 seconds

after the first weapon was found.

Table 11. Frequency and percent use of force events, by suspect weapon possession.

Suspect in Possession of a Weapon


Frequency Percent Cumulative Percent
No 74 81.32 81.32
Yes 17 18.68 100
Total 91 100
Weapon Type
Frequency Percent Cumulative Percent
Blunt object 3 17.65 17.65
Knife 6 35.29 52.94
Gun 8 47.06 100
Total 17 100
Weapon found Prior to or Following Force
Frequency Percent Cumulative Percent
Prior 3 17.65 17.65
Following 12 70.59 88.24
Don't know 2 11.76 100
Total 17 100

Table 12. Descriptive statistics minutes until suspect weapon discovered, by time series.

Variable N Median Mean Std. Dev. Min Max


Minutes until weapon discovered time 1 15 1.42 3.02 3.31 0 11.58
Minutes until weapon discovered time 2 1 0.5 0.5 . 0.5 0.5

17
Suspect actions. In 28.57% of use of force cases the force recipient came into conflict with

any persons at the scene besides the police officer(s) (see Table 13). Examples of such conflict

include a physical altercation (punching, shoving, pinning to the wall or ground), or a verbal

altercation (shouting, heated argument). Of those 26 cases in which the suspect came into conflict

with someone on scene, in 84.62% of cases the suspect came into conflict with the initial crime

victim/complainant (n=22). Results around suspect conflicts indicate that many force recipients

may have posed an immediate danger to those around them prior to use of the force, as opposed to

or in addition to force being used on those who are resisting arrest.

In 32 of 91 cases (35.16%), the suspect attempted to flee the scene and in 46.88% of those

cases (n=16), the flee attempt was by way of running. In 40.63% (n=13) of flee attempt cases the

flee attempt was by way of walking, and in 4 instances the flee attempt was by way of driving.

Suspects who attempt to flee do so very quickly into the interaction. In those cases in which the

suspect attempted to flee, the median number of minutes from the start of the force event to the

time at which the suspect attempted to flee is .29, with a minimum value of 0 minutes, and a

maximum of 63 minutes (see Table 14). In two cases the suspect attempted to flee more than once,

and the median number of minutes from the first flee attempt to the second is 1.42

18
Table 13. Frequency and percent use of force events, by suspect conflict and flee attempt.

Suspect Came into Conflict with a Person on Scene (Not Officer)


Frequency Percent Cumulative Percent
No 65 71.43 71.43
Yes 26 28.57 100
Total 91 100
Person Suspect Came into Conflict With
Frequency Percent Cumulative Percent
Another suspect 1 3.85 3.85
Crime victim/complainant 22 84.62 88.46
Involved, antagonistic bystander 2 7.69 96.15
Involved, non-antagonistic bystander 1 3.85 100
Total 26 100
Suspect Attempted to Flee the Scene
Frequency Percent Cumulative Percent
No 59 64.84 64.84
Yes 32 35.16 100
Total 91 100
Flee Type
Frequency Percent Cumulative Percent
Walk away 13 40.63 40.63
Run away 15 46.88 87.5
Drive away 4 12.5 100
Total 32 100

Table 14. Descriptive statistics minutes until suspect attempted to flee, by time series.

Variable N Median Mean Std. Dev. Min Max


Minutes until suspect flees time 1 32 0.29 3.52 11.27 0 63
Minutes until suspect flees time 2 2 1.42 1.42 0.35 1.17 1.67

The force recipient displayed verbally antagonistic behavior toward anyone on scene in

52.75% of the use of force cases under study (see Table 15). These results suggest that such

behavior is so common that officers should expect to encounter it frequently and be prepared to

navigate it.

In those 48 cases in which the suspect displayed verbally antagonistic behavior, the median

number of minutes from the start of the use of force event to the time at which the suspect displayed

verbally antagonistic behavior is 1.88, with a minimum value of .08 minutes, and a maximum of

35.75 minutes (see Table 16). Such a display of verbally antagonistic behavior lasted a median of

1.33 minutes, but in one instance such a display of behavior has a duration of 45.75 minutes.

In 24 cases the suspect displayed verbally antagonistic behavior twice, and the median number of

minutes from the first display of such behavior to the second display is 1.8. The median length of

19
time such behavior went on for is 4.83 minutes, with a maximum duration of 49.17 minutes. In 11

cases the suspect displayed verbally antagonistic behavior on three occasions and the median

number of minutes from the second display of such behavior to the third display is 1.83. The

median duration of such behavior for this third time period is 10.5 minutes, with a maximum

duration of 52.09 minutes. There are some cases in which the suspect continued to display verbally

antagonistic behavior on more than three occasions and generally there is a positive correlation

between the number of times a suspect displays such behavior and the length of time the behavior

goes on for. Verbally antagonistic behavior is most often directed toward police officers, and in

some cases it is directed toward the victim (see Table 17).

Table 15. Frequency and percent use of force events, by suspect displaying verbally antagonistic behavior.

Suspect Displays Verbal Antagonistic Behavior


Frequency Percent Cumulative Percent
No 42 46.15 46.15
Yes 48 52.75 98.9
Don't know 1 1.1 100
Total 91 100

Table 16. Descriptive statistics minutes until suspect displayed verbally antagonistic behavior and duration of
behavior, by time series.

Variable N Median Mean Std. Dev. Min Max


Minutes until suspect displays verbal antagonistic behavior time 1 48 1.88 3.85 5.86 0.08 35.75
Minutes until suspect displays verbal antagonistic behavior time 2 24 1.80 3.95 5.57 0.09 23.25
Minutes until suspect displays verbal antagonistic behavior time 3 11 1.83 2.44 2.62 0.00 8.08
Minutes until suspect displays verbal antagonistic behavior time 4 4 3.54 3.50 2.98 0.33 6.58
Minutes until suspect displays verbal antagonistic behavior time 5 1 0.58 0.58 . 0.58 0.58
Duration of suspect's display of verbal antagonistic behavior time 1 48 1.33 5.16 10.81 0.08 45.75
Duration of suspect's display of verbal antagonistic behavior time 2 24 4.83 9.11 11.05 0.75 49.17
Duration of suspect's display of verbal antagonistic behavior time 3 11 10.50 16.51 17.48 3.50 52.09
Duration of suspect's display of verbal antagonistic behavior time 4 4 13.21 22.92 25.44 4.67 60.59
Duration of suspect's display of verbal antagonistic behavior time 5 1 13.42 13.42 . 13.42 13.42

20
Table 17. Frequency and percent suspect verbal antagonistic behavior target, by time series.

Suspect Verbal Antagonistic Behavior Directed Toward Time 1


Frequency Percent Cumulative Percent
Police officer 43 89.58 89.58
Other suspect 0 0 89.58
Uninvolved bystander 0 0 89.58
Involved, antagonistic bystander 0 0 89.58
Involved, non-antagonistic/neutral or helpful bystander 1 2.08 91.67
Victim 2 4.17 95.83
No one in particular 1 2.08 97.92
Don't know 1 2.08 100
Total 48 100
Suspect Verbal Antagonistic Behavior Directed Toward Time 2
Frequency Percent Cumulative Percent
Police officer 20 80 80
Other suspect 0 0 80
Uninvolved bystander 0 0 80
Involved, antagonistic bystander 0 0 80
Involved, non-antagonistic/neutral or helpful bystander 0 0 80
Victim 4 16 96
No one in particular 0 0 96
Don't know 1 4 100
Total 25 100
Suspect Verbal Antagonistic Behavior Directed Toward Time 3
Frequency Percent Cumulative Percent
Police officer 7 63.64 63.64
Other suspect 0 0 63.64
Uninvolved bystander 0 0 63.64
Involved, antagonistic bystander 0 0 63.64
Involved, non-antagonistic/neutral or helpful bystander 0 0 63.64
Victim 2 18.18 81.82
No one in particular 1 9.09 90.91
Don't know 1 9.09 100
Total 11 100
Suspect Verbal Antagonistic Behavior Directed Toward Time 4
Frequency Percent Cumulative Percent
Police officer 4 80 80
Other suspect 0 0 80
Uninvolved bystander 0 0 80
Involved, antagonistic bystander 0 0 80
Involved, non-antagonistic/neutral or helpful bystander 0 0 80
Victim 0 0 80
No one in particular 0 0 80
Don't know 1 20 100
Total 5 100
Suspect Verbal Antagonistic Behavior Directed Toward Time 5
Frequency Percent Cumulative Percent
Police officer 0 0 0
Other suspect 0 0 0
Uninvolved bystander 0 0 0
Involved, antagonistic bystander 0 0 0
Involved, non-antagonistic/neutral or helpful bystander 0 0 0
Victim 0 0 0
No one in particular 1 50 50
Don't know 1 50 100
Total 2 100

The force recipient displayed physically antagonistic behavior toward someone on scene

in 39.56% of the use of force cases under study (see Table 18). In those 36 cases in which the

21
suspect displayed physically antagonistic behavior, the median number of minutes from when the

officers are first visibly seen interacting with any involved parties to the time at which the suspect

displayed physically antagonistic behavior is 2.8, with a minimum value of .0, and a maximum of

62.67 minutes (see Table 19). In 86.11% of those cases, the behavior was directed toward police

(see Table 20). In 8 cases the suspect displayed physically antagonistic behavior on two occasions,

and the median number of minutes from the first display of such behavior to the second display is

1.13. All of these cases directed such behavior toward police. Several cases displayed physically

antagonistic behavior on more than 2 occasions. See Tables 19-20 for more detailed information.

As with suspect verbal antagonism, these results suggest that physical antagonism is common

enough that officers should expect to encounter it frequently.

Table 18. Frequency and percent use of force events, by suspect displaying physically antagonistic behavior.

Suspect Displays Physical Antagonistic Behavior


Frequency Percent Cumulative Percent
No 55 60.44 60.44
Yes 36 39.56 100
Total 91 100

Table 19. Descriptive statistics minutes until suspect displayed physically antagonistic behavior, by time series.

Variable N Median Mean Std. Dev. Min Max


Minutes until suspect displays physical antagonistic behavior time 1 36 2.8 6.66 11.34 0 62.67
Minutes until suspect displays physical antagonistic behavior time 2 8 1.13 2.38 2.33 0.58 6.84
Minutes until suspect displays physical antagonistic behavior time 3 3 1.58 10.11 15.94 0.25 28.5
Minutes until suspect displays physical antagonistic behavior time 4 1 0.34 0.34 . 0.34 0.34

22
Table 20. Frequency and percent suspect physical antagonistic behavior target, by time series.

Suspect Physical Antagonistic Behavior Directed Toward Time 1


Frequency Percent Cumulative Percent
Police officer 31 86.11 86.11
Other suspect 0 0 86.11
Uninvolved bystander 0 0 86.11
Involved, antagonistic bystander 0 0 86.11
Involved, non-antagonistic/neutral or helpful bystander 1 2.78 88.89
Victim 2 5.56 94.44
No one in particular 2 5.56 100
Don’t know 0 0 100
Total 36 100
Suspect Physical Antagonistic Behavior Directed Toward Time 2
Frequency Percent Cumulative Percent
Police officer 8 100 100
Other suspect 0 0 100
Uninvolved bystander 0 0 100
Involved, antagonistic bystander 0 0 100
Involved, non-antagonistic/neutral or helpful bystander 0 0 100
Victim 0 0 100
No one in particular 0 0 100
Don’t know 0 0 100
Total 8 100
Suspect Physical Antagonistic Behavior Directed Toward Time 3
Frequency Percent Cumulative Percent
Police officer 3 100 100
Other suspect 0 0 100
Uninvolved bystander 0 0 100
Involved, antagonistic bystander 0 0 100
Involved, non-antagonistic/neutral or helpful bystander 0 0 100
Victim 0 0 100
No one in particular 0 0 100
Don’t know 0 0 100
Total 3 100
Suspect Physical Antagonistic Behavior Directed Toward Time 4
Frequency Percent Cumulative Percent
Police officer 1 100 100
Other suspect 0 0 100
Uninvolved bystander 0 0 100
Involved, antagonistic bystander 0 0 100
Involved, non-antagonistic/neutral or helpful bystander 0 0 100
Victim 0 0 100
No one in particular 0 0 100
Don’t know 0 0 100
Total 1 100

Officer Characteristics

Officer demographics. Nearly all officers (86.81%) are men, which is consistent with the

profession of policing in general, 47.25% are Hispanic, and there is an equal number of White and

Black officers (n=18), indicating that Blacks are underrepresented in the NPD compared to

Newark as a whole (see Table 21).

23
Table 21. Frequency and percent use of force events, by officer demographics.3

Officer Gender
Frequency Percent Cumulative Percent
Woman 1 1.10 1.10
Man 79 86.81 87.91
Don’t know 11 12.09 100
Total 91 100
Officer Ethnicity
Frequency Percent Cumulative Percent
White 18 19.78 19.78
Black 18 19.78 39.56
Hispanic 43 47.25 86.81
Don’t know 12 13.19 100
Total 91 100
Officer Age
N Median Mean Std. Dev. Min Max
79 29 31.95 7.26 21 54

Number of officers. The median number of officers on scene at the outset is 2, with a

maximum value of 9. In 67 of 91 cases more officers arrived on scene as time progressed (see

Table 22). In those 67 cases, the median number of minutes from the time the initial officers arrived

on scene to the next officer(s) arrival is 2 minutes, with a maximum time of 32.42 minutes. The

median number of officers on scene at this second time point is 4. In 31 cases there is a third time

of officer arrival, with the median time at which this occurs being 1.33 minutes after the arrival of

the previous group. The median number of officers on scene by this third point of arrival is 5, with

a maximum value of 9. In 13 cases there is a 4 th time of arrival for officers, and the median time

at which this occurs is 1.25 minutes after the previous group. The median number of officers on

scene at time period 4 is 6, with a maximum of 9 officers on scene. There is one case in which

officers continued to arrive on scene across 6 different time points, with a total of 13 officers being

on scene at last tally. These results demonstrate that back-up officers tend to arrive on scene very

quickly—usually within 2 minute intervals.

3 Officer gender, ethnicity and age data came from NPD administrative data.

24
Table 22. Descriptive statistics number of officers on scene and minutes until officers arrive, by time series.

Variable N Median Mean Std. Dev. Min Max


Number of officers on scene time 1 91 2 2.56 1.44 1 9
Number of officers on scene time 2 67 4 4.07 1.22 2 8
Number of officers on scene time 3 31 5 5.39 1.71 2 9
Number of officers on scene time 4 13 6 6.31 1.55 4 9
Number of officers on scene time 5 5 6 7.20 2.17 5 10
Number of officers on scene time 6 2 10 10.00 4.24 7 13
Minutes until officers arrive time 2 67 2 3.55 4.81 0.09 32.42
Minutes until officers arrive time 3 31 1.33 2.88 3.47 0.17 14.5
Minutes until officers arrive time 4 13 1.25 2.70 3.66 0.16 13.25
Minutes until officers arrive time 5 5 3.17 5.73 6.52 0.17 15.5
Minutes until officers arrive time 6 2 10 10.00 12.61 1.08 18.92

Officer interactions with BWCs. In 38 cases (41.76%) an officer announced the presence

of a BWC (see Table 23). The median length of time from the point of the video at which officers

are first visibly seen interacting with any involved parties on the scene to the time at which an

officer announces the presence of a BWC is 1.69 minutes (mean=5.2), with a maximum time of

53.25 minutes, and the median number of officers seen wearing a BWC during a given event is 4

officers (including the officer whose footage was primarily used for data collection) (see Table

24). While results indicate officers do not inform citizens of BWCs in most cases, officers

informing citizens did so quickly. In 34.07% of use of force cases the at least one BWC fell off at

some point during the interaction (see Table 23).

Table 23. Frequency and percent use of force events, by officer announcing presence of BWC and BWC falling off.

Officer Announced BWC Presence


Frequency Percent Cumulative Percent
No 42 46.15 46.15
Yes 38 41.76 87.91
Don't know 11 12.09 100
Total 91 100
BWC Fell
Frequency Percent Cumulative Percent
No 60 65.93 65.93
Yes 31 34.07 100
Total 91 100

25
Table 24. Descriptive statistics minutes until officer announces presence of BWC and number of officers wearing
BWC.

Variable N Median Mean Std. Dev. Min Max


Minutes until officer announces presence of BWC 38 1.96 5.20 9.63 0.16 53.25
Number of officers visibly wearing BWC 91 4 4.16 1.92 1 9

Procedural justice. In 53.86% of use of force cases an officer provided a reason to the

suspect as to why the officer was on the scene (in 18.68% of cases it is unknown as to whether or

not a reason was given), and in 27.47% of cases no reason was given (see Table 25). In 61.54% of

use of force cases an officer explained to the suspect why they were being detained. In 23.08% of

cases no such explanation was provided. Results suggest there are a large number of cases in which

information sharing with suspects was not observed. In 65.93% of use of force cases the suspect

attempted to speak for the purposes of expressing their views at least once during the event, and

median number of minutes from when the officers are first visibly seen interacting with any

involved parties to the time at which the suspect attempted to speak for the first time is .96 minutes,

with a minimum value of .0, and a maximum of 62.67 minutes (see Table 26). Suspects first

attempt to speak for a median duration of 2.79 minutes, and a maximum of 44.01 minutes; and in

76.67% of cases an officer allowed the suspect to express their views (see Table 27). In 75% of

use of force cases in which a suspect attempted to speak for the purpose of expressing their views,

a police officer addressed the suspect’s concerns by making attempts to answer any questions

posed by the suspect.

Of the 60 cases in which a suspect attempted to speak for the purpose of expressing views,

in 24 cases the suspect made a second attempt to speak. The median number of minutes from the

time the suspect stopped attempting to speak in the first instance to the time they began again is

1.25 minutes, with a maximum value of 38 minutes—meaning one suspect did not try a second

time to express their views verbally for 38 minutes from the time they stopped expressing their

26
views the first time (see Table 26). During this second attempt at expressing their view, the median

number of minutes suspects attempted to speak is 5.29, with one suspect attempting to express

their views for 58.83 minutes. Of these 24 cases, 17 were permitted to speak and all 17 had their

concerns addressed by police (see Table 27).

Of the 24 cases in which suspects attempted to speak on two occasions for the purpose of

expressing their views, 12 attempted a 3rd time to speak. The median number of minutes from the

time the suspect stopped attempted to speak in the second instance to the time they began again is

1.25 minutes and this group of suspects attempted to express their views for a median of 7.55

minutes (see Table 26). One suspect attempted to speak for 59.08 minutes straight. Of those 12

who attempted to speak on a third occasion, all were permitted and 10 had their concerns addressed

by police (see Table 27). Several suspects continued to attempt to speak for the purpose of

expressing their views (see Tables 26-27 for details). Results suggest that with additional attempts

to express views, suspects become more persistent or committed to sharing their perspective and

police may be less open to allowing suspects to express their views. That said most officers

permitted suspects to speak at the suspect’s first attempt, and those officers who permit suspects

to speak are consistent in their adherence to procedural justice principles in that they address

suspects’ concerns.

27
Table 25. Frequency and percent use of force events, by procedural justice indicators.

Officer Explain why Responding


Frequency Percent Cumulative Percent
No 25 27.47 27.47
Yes 49 53.85 81.32
Don't know 17 18.68 100
Total 91 100
Officer Explain why Detaining
Frequency Percent Cumulative Percent
No 21 23.08 23.08
Yes 56 61.54 84.62
Don't know 14 15.38 100
Total 91 100
Suspect Attempt to Speak
Frequency Percent Cumulative Percent
No 30 32.97 32.97
Yes 60 65.93 98.9
Don't know 1 1.1 100
Total 91 100

Table 26. Descriptive statistics minutes until suspect permitted to speak for the purpose of expressing views and
duration of suspect speaking, by time series.

Variable N Median Mean Std. Dev. Min Max


Minutes until suspect attempted to speak time 1 60 0.96 3.07 6.94 0 42.08
Minutes until suspect attempted to speak time 2 24 1.25 3.69 8.07 0.08 38
Minutes until suspect attempted to speak time 3 12 1.25 1.94 2.40 0.25 9
Minutes until suspect attempted to speak time 4 5 2.83 3.12 2.90 0.67 7.83
Minutes until suspect attempted to speak time 5 1 1.83 1.83 . 1.83 1.83
Duration suspect attempted to speak time 1 60 2.79 4.52 7.87 0.16 44.01
Duration suspect attempted to speak time 2 24 5.29 9.66 13.84 1.42 56.83
Duration suspect attempted to speak time 3 12 7.55 11.74 15.38 1.83 59.08
Duration suspect attempted to speak time 4 5 7.5 8.17 4.55 2.66 15
Duration suspect attempted to speak time 5 1 11.09 11.09 . 11.09 11.09

28
Table 27. Frequency and percent suspects attempting to speak for the purpose of expressing views, by officer
allowing suspect to speak, officer addressing concerns, and by time series.

Officer Allowed Suspect Speak Time 1


Frequency Percent Cumulative Percent
No 12 20 20
Yes 46 76.67 96.67
Don't know 2 3.33 100
Total 60 100
Officer Allowed Suspect Speak Time 2
Frequency Percent Cumulative Percent
No 6 25 25
Yes 17 70.83 95.83
Don't know 1 4.17 100
Total 24 100
Officer Allowed Suspect Speak Time 3
Frequency Percent Cumulative Percent
No 0 0 0
Yes 12 92.31 92.31
Don't know 1 7.69 100
Total 13 100
Officer Allowed Suspect Speak Time 4
Frequency Percent Cumulative Percent
No 0 0 0
Yes 4 80 80
Don't know 1 20 100
Total 5 100
Officer Allowed Suspect Speak Time 5
Frequency Percent Cumulative Percent
No 0 0 0
Yes 1 50 50
Don't know 1 50 100
Total 2 100
Officer Addressed Suspect Concerns Time 1
Frequency Percent Cumulative Percent
No 12 20 20
Yes 45 75 95
Don't know 3 5 100
Total 60 100
Officer Addressed Suspect Concerns Time 2
Frequency Percent Cumulative Percent
No 4 16.67 16.67
Yes 17 79.17 95.83
Don't know 3 4.17 100
Total 24 100
Officer Addressed Suspect Concerns Time 3
Frequency Percent Cumulative Percent
No 2 15.38 15.38
Yes 10 76.92 92.31
Don't know 1 7.69 100
Total 13 100
Officer Addressed Suspect Concerns Time 4
Frequency Percent Cumulative Percent
No 1 20 20
Yes 3 60 80
Don't know 1 20 100
Total 5 100
Officer Addressed Suspect Concerns Time 5
Frequency Percent Cumulative Percent
No 0 0 0
Yes 1 50 50
Don't know 1 50 100
Total 2 100

29
In 38.46% (n=35) of use of force cases at least one officer displayed verbally antagonistic

behavior (see Table 28). The median number of minutes from when the officers are first visibly

seen interacting with any involved parties to the time at which an officer displayed verbally

antagonistic behavior is 1.42 minutes, with a minimum value of .08, and a maximum of 17.25

minutes (see Table 29). The median number of minutes such behavior occurred is .66, representing

more than a few words expressed by officers. In one case an officer displayed verbally antagonistic

behavior for 43.91 minutes. The force recipient was almost exclusively the target of such behavior

(see Table 30) during this time. In 10 cases there was a second instance of verbally antagonistic

behavior displayed by an officer, which occurred a median of 1.04 minutes after the first display

of verbally antagonistic behavior and lasted for a median of 1.75 minutes—although in one case

the behavior occurred for a duration of 47.34 minutes (see Table 29). The target of such behavior

was almost exclusively the force recipient (see Table 30). In 3 cases there was a third instance of

an officer displaying verbally antagonistic behavior (see Tables 29-30).

Table 28. Frequency and percent use of force events, by officer displaying verbally antagonistic behavior.

Officer Verbal Antagonistic Behavior


Frequency Percent Cumulative Percent
No 55 60.44 60.44
Yes 35 38.46 98.9
Don't know 1 1.1 100
Total 91 100

Table 29. Descriptive statistics minutes until officer displayed verbally antagonistic behavior and duration of
behavior, by time series.

Variable N Median Mean Std. Dev. Min Max


Minutes until officer displays verbal antagonistic behavior time 1 35 1.42 3.56 4.41 0.08 17.25
Minutes until officer displays verbal antagonistic behavior time 2 10 1.04 3.06 4.96 0.5 16.5
Minutes until officer displays verbal antagonistic behavior time 3 3 3.5 3.25 2.47 0.67 5.59
Duration of officer's display of verbal antagonistic behavior time 1 35 0.66 2.18 7.34 0.08 43.92
Duration of officer's display of verbal antagonistic behavior time 2 10 1.75 6.48 14.39 0.83 47.34
Duration of officer's display of verbal antagonistic behavior time 3 3 3.33 4.50 2.24 3.08 7.08

30
Table 30. Frequency and percent suspect verbal antagonistic behavior target, by time series.

Officer Verbal Antagonistic Directed Toward Time 1


Frequency Percent Cumulative Percent
Force recipient 33 94.29 94.29
Other suspect 0 0 94.29
Uninvolved bystander 0 0 94.29
Involved, antagonistic bystander 1 2.86 97.14
Involved, non-antagonistic/neutral or helpful bystander 0 0 97.14
Victim 0 0 97.14
No one in particular 0 0 97.14
Don't know 1 2.86 100
Total 35 100
Officer Verbal Antagonistic Directed Toward Time 2
Frequency Percent Cumulative Percent
Force recipient 9 81.82 81.82
Other suspect 0 0 81.82
Uninvolved bystander 0 0 81.82
Involved, antagonistic bystander 1 9.09 90.91
Involved, non-antagonistic/neutral or helpful bystander 0 0 90.91
Victim 0 0 90.91
No one in particular 0 0 90.91
Don't know 1 9.09 100
Total 11 100
Officer Verbal Antagonistic Directed Toward Time 3
Frequency Percent Cumulative Percent
Force recipient 2 66.67 66.67
Other suspect 0 0 66.67
Uninvolved bystander 0 0 66.67
Involved, antagonistic bystander 0 0 66.67
Involved, non-antagonistic/neutral or helpful bystander 0 0 66.67
Victim 0 0 66.67
No one in particular 0 0 66.67
Don't know 1 33.33 100
Total 3 100

Use of Force Encounter Characteristics

Who? What? Where? In 40.66% of use of force cases under study (n=37), the primary

officer used force the first time (in cases with multiple instances) or only time it was applied (see

Table 31). Primary officer is conceptualized as the officer who made initial contact with the

suspect. In 16.48% of cases both the primary and secondary (officer that did not make initial

contact with suspect, but was on scene for the entirety of the event) officers applied force the first

time (in cases with multiple instances) or only time it was applied. In a notable portion of cases

(13.19%) force was first applied a back-up officer. The back-up officer is the officer who arrived

on scene after the event had already begun. In some case (8.79%) both the primary and secondary

officers applied force in the first (or only) instance of force and in a smaller proportion of cases

31
(6.59%) it was the secondary officer who applied force. In 10 cases (10.99%) it is unknown which

officer applied force in the first (or only) instance of force.

In 50.55% of cases the highest level of force used during the force event is hard, empty

hand control, and in 36.26% of cases the highest level is soft, empty hand control (see Table 31).

In 7.69% of use of force cases under study the highest level of force was threat of lethal force and

in 5.49% of cases it was use of a chemical device (i.e., pepper spray). There are zero instances of

blunt impact (e.g., baton or projectile used to immobilize) force.

In most cases (92.31%) the video footage of the force event(s) was captured in close

proximity to the actual event, but in some cases (7.69% or n=7) the video footage depicts the force

event to be in the distance (see Table 31). ‘Distance’ is conceptualized as being out of direct view

of the BWC or in the periphery. For example, an event occurred across a street from the filming

location. The event was observed, but some contextual factors were lost due to the distal nature of

the event.

Table 31. Frequency and percent use of force events, by officer who used force in the first instance, final level of
force and whether or not the force was captured on camera in the distance.

Officer who Used Force in First Instance of Force


Frequency Percent Cumulative Percent
Primary officer 37 40.66 40.66
Primary and secondary officers 15 16.48 57.14
Primary and back-up officers 8 8.79 65.93
Secondary officers 6 6.59 72.53
Secondary and back-up officers 1 1.1 73.63
Back-up officer 12 13.19 86.81
Back-up and plain clothes officers 1 1.1 87.91
Plain clothes officer 1 1.1 89.01
Don't know 10 10.99 100
Total 91 100
Highest Level of Force
Frequency Percent Cumulative Percent
Soft empty hand control 33 36.26 36.26
Hard empty hand control 46 50.55 86.81
Less-lethal weapon-chemical device 5 5.49 92.31
Less-lethal weapon-blunt impact 0 0 92.31
Threat of lethal force 7 7.69 100
Total 91 100
Force Captured on Camera in the Distance
Frequency Percent Cumulative Percent
No 84 92.31 92.31
Yes 7 7.69 100
Total 91 100

32
Calm command. In 78.02% of use of force cases under study an officer gave the force

recipient a calm command (see Table 32). A calm command is a non-threatening, verbal command.

Examples of a calm, non-threatening verbal command include, “Let me see your identification”

and “Open your backpack”. That said the focus is not on the words used, but on the tone with

which the command is delivered. The median number of minutes from when the officers are first

visibly seen interacting with any involved parties to the time at which the first calm command is

delivered by an officer to the suspect is 1.16 minutes, with a minimum value of 0 (meaning a calm

command was in-progress when the video began), and a maximum of 67.25 minutes (see Table

33). This first series of calm commands lasted a median of .83 minutes, with one case having a

maximum calm command duration of 46.83 minutes. In other words, in one case an officer

continued to repeat the same set of instructions, in the same tone for over ¾ of an hour. The

minimum duration of value of zero seen in Table 32 indicates there is at least one case in which

the calm command series last for less than 1/100 if 1 minute or around half a second (an example

might be a command such as, “be quiet”). The most common officer to deliver a calm command

in the first series is the primary officer, but there is some variability in officer; with various officer

types and combinations of multiple officers each delivering calm commands in 5-7 cases (see

Table 34). Suspects complied with the calm command in 23.94% of cases (see Table 35). In other

words, compliance is fairly low.

In many cases there were several series of calm commands. In 37 cases there were two

series of commands and the median number of minutes from the end of the first series to the

beginning of the second is 1.75, with a maximum value of 18.83 (see Table 33). The median

duration of this second series of commands is 3.25 minutes and the primary officer is the most

33
likely person to give such commands at this time (see Table 33). In 35.14% of cases with a second

series of calm commands the suspect complied with the command (see Table 35).

In 10 cases there was a third series of calm commands given. The median number of

minutes from the end of the second series to the beginning of the third series is 1.58, with a

maximum value of 4.42 (see Table 33). The median duration of this third series of commands is

7.25 minutes and the primary officer is the most likely person to give such commands at this time

(see Tables 33-34). In 40% of cases with a third series of calm commands the suspect complied

with the command (see Table 35). There are 5 cases with more than 3 series of commands (see

Tables 33-35 for details). Results around calm commands suggest that many officers are quite

committed to the directive itself, as well as they are committed to remaining calm in their delivery

of a directive.

Table 32. Frequency and percent use of force events, by officer giving calm command.

Officer Gave Calm Command


Frequency Percent Cumulative Percent
No 19 20.88 20.88
Yes 71 78.02 98.9
Don't know 1 1.1 100
Total 91 100

Table 33. Descriptive statistics minutes until officer calm command and duration of command, by time series.

Variable N Median Mean Std. Dev. Min Max


Minutes until calm command time 1 71 1.16 4.43 11.07 0 67.25
Minutes until calm command time 2 37 1.75 2.88 3.41 0.42 18.83
Minutes until calm command time 3 10 1.58 1.85 1.24 0.42 4.42
Minutes until calm command time 4 3 0.59 1.73 2.05 0.5 4.09
Minutes until calm command time 5 2 6.46 6.46 6.66 1.75 11.17
Duration of calm command time 1 71 0.83 2.99 7.62 0 46.83
Duration of calm command time 2 37 3.25 5.51 6.07 0.58 30.17
Duration of calm command time 3 10 7.25 8.19 5.59 1.25 17.58
Duration of calm command time 4 3 6.66 6.36 3.05 3.17 9.24
Duration of calm command time 5 2 10.04 10.04 8.19 4.25 15.83

34
Table 34. Frequency and percent officer who gave calm command, by time series.

Officer who Gave Calm Command Time 1


Frequency Percent Cumulative Percent
Primary officer 41 57.75 57.75
Primary and secondary officers 5 7.04 64.79
Primary and back-up officers 6 8.45 73.74
Secondary officer 5 7.04 80.28
Back-up officer 7 9.86 90.14
Plain clothes officer 0 0.00 90.14
Don't know 7 9.86 100
Total 71 100
Officer who Gave Calm Command Time 2
Frequency Percent Cumulative Percent
Primary officer 18 48.65 48.65
Primary and secondary officers 2 5.41 54.05
Primary and back-up officers 2 5.41 59.46
Secondary officer 1 2.70 62.16
Back-up officer 6 16.22 78.38
Plain clothes officer 0 0.00 78.38
Don't know 8 21.62 100
Total 37 100
Officer who Gave Calm Command Time 3
Frequency Percent Cumulative Percent
Primary officer 4 40 40
Primary and secondary officers 1 10 50
Primary and back-up officers 2 20 70
Secondary officer 1 10 80
Back-up officer 1 10 90
Plain clothes officer 0 0 90
Don't know 1 10 100
Total 10 100
Officer who Gave Calm Command Time 4
Frequency Percent Cumulative Percent
Primary officer 3 100 100
Secondary officer 0 0 100
Back-up officer 0 0 100
Plain clothes officer 0 0 100
Don't know 0 0 100
Total 3 100
Officer who Gave Calm Command Time 5
Frequency Percent Cumulative Percent
Primary officer 0 0 0
Primary, secondary, and back-up officers 1 50 50
Secondary officer 0 0 50
Back-up officer 1 50 100
Plain clothes officer 0 0 100
Don't know 0 0 100
Total 2 100

35
Table 35. Frequency and percent suspect compliance with calm command, by time series.

Suspect Comply Calm Command Time 1


Frequency Percent Cumulative Percent
No 52 73.24 73.24
Yes 17 23.94 97.18
Don't know 2 2.82 100
Total 71 100
Suspect Comply Calm Command Time 2
Frequency Percent Cumulative Percent
No 21 56.76 56.76
Yes 13 35.14 91.89
Don't know 3 8.11 100
Total 37 100
Suspect Comply Calm Command Time 3
Frequency Percent Cumulative Percent
No 5 50 50
Yes 4 40 90
Don't know 1 10 100
Total 10 100
Suspect Comply Calm Command Time 4
Frequency Percent Cumulative Percent
No 2 66.67 66.67
Yes 1 33.33 100
Don't know 0 0 100
Total 3 100
Suspect Comply Calm Command Time 5
Frequency Percent Cumulative Percent
No 1 50 50
Yes 1 50 100
Don't know 0 0 100
Total 2 100

Shout command. In 53.85% of use of force cases under study an officer gave the force

recipient a shout (i.e. increased volume) command (see Table 36). Again, the focus is not on the

words used, but on the tone with which the command is delivered. The median number of minutes

from when the officers are first visibly seen interacting with any involved parties to the time at

which the first shout command is delivered by an officer to the suspect is 1.59 minutes, with a

maximum of 52.08 minutes (see Table 37). This first series of shout commands lasted a median of

.79 minutes, with one case having a maximum shout command duration of 43.92 minutes. The

most common officer to deliver a shout command in the first series is the primary officer (50%),

but the back-up officer is also a common source (16.67%) (see Table 38). Suspects complied with

the calm command in 22.92% of cases—again, compliance is very low.

36
In 10 cases a second series of shout commands took place and the median number if

minutes from the end of the first series to the beginning of the second is 2.09, with a maximum

value of 5.67 (see Table 37). The median duration of this second series of commands is 2.88

minutes and the primary officer is the most likely person to give such commands at this time (see

Table 38). Again, results indicate many officers are quite committed to the directive itself, as well

as they are committed to the verbal delivery of the directive. In 40% of cases with a second series

of shout commands the suspect complied with the command (see Table 38). There are 2 cases with

3 series of commands (see Tables 37-38 for details).

Table 36. Frequency and percent use of force event, by officer giving shout command.

Officer Gave Shout Command


Frequency Percent Cumulative Percent
No 40 43.96 43.96
Yes 49 53.85 97.8
Don't know 2 2.2 100
Total 91 100

Table 37. Descriptive statistics minutes until officer shout command and duration of command, by time series.

Variable N Median Mean Std. Dev. Min Max


Minutes until shout command time 1 48 1.59 4.41 7.97 0.08 52.08
Minutes until shout command time 2 10 2.09 1.89 1.58 0.42 5.67
Minutes until shout command time 3 2 1.84 1.84 0.23 1.67 2
Duration of shout command time 1 48 0.79 2.32 6.35 0 43.92
Duration of shout command time 2 10 2.88 8.28 13.56 0.75 45.75
Duration of shout command time 3 2 9.25 9.25 3.42 6.83 11.66

37
Table 38. Frequency and percent officer who gave shout command and suspect compliance with shout command,
by time series.

Officer who Gave Shout Command Time 1


Frequency Percent Cumulative Percent
Primary officer 24 50 50
Primary and secondary officers 4 8.33 58.33
Secondary officer 2 4.17 62.50
Back-up officer 8 16.67 79.17
Plain clothes officer 0 0 79.17
Don't know 10 20.83 100
Total 48 100
Officer who Gave Shout Command Time 2
Frequency Percent Cumulative Percent
Primary officer 4 40 40
Primary and secondary officers 1 10 50
Primary and back-up officers 1 10 60
Secondary officer 0 0 60
Back-up officer 2 20 80
Plain clothes officer 0 0 80
Don't know 2 20 100
Total 10 100
Officer who Gave Shout Command Time 3
Frequency Percent Cumulative Percent
Primary officer 1 50 50
Secondary officer 0 0 50
Back-up officer 1 50 100
Plain clothes officer 0 0 100
Don't know 0 0 100
Total 2 100
Suspect Comply Shout Command Time 1
Frequency Percent Cumulative Percent
No 34 70.83 70.83
Yes 11 22.92 93.75
Don't know 3 6.25 100
Total 48 100
Suspect Comply Shout Command Time 2
Frequency Percent Cumulative Percent
No 6 60 60
Yes 4 40 100
Don't know 0 0 100
Total 10 100
Suspect Comply Shout Command Time 3
Frequency Percent Cumulative Percent
No 1 50 50
Yes 1 50 100
Don't know 0 0 100
Total 2 100

Soft-hand control. In the majority of cases (85.71%) soft, empty hand control was used

(see Table 39). Examples of soft, empty hand control include grabs, and holds. There are 13 cases

(14.29%) in which soft, empty hand control was not used. When cross-tabulations were run it can

be seen that of all the cases in which soft, empty hand control was not used, hard empty hand

control was used (see Table 40). Examples of hard, empty hand control include punches and kicks.

38
Additionally, of the 13 cases in which soft, empty hand control was not used, threat of lethal force

was used in 6 cases. This result may be an indication that those 6 cases in which the force

continuum was not followed, either the threat to the public or officers was immediately high.

Table 39. Frequency and percent use of force events, by officer using soft, empty hand control.

Soft Empty Hand Control


Frequency Percent Cumulative Percent
No 13 14.29 14.29
Yes 78 85.71 100
Total 91 100

Table 40. Cross-tabulations use of force events with soft, empty hand control, by hard, empty hand control and by
threat of lethal force.

Soft Empty Hand Control


Hard Empty Hand Control No Yes Total
No 0 33 33
0% 42.31% 36.26%
Yes 13 45 58
100% 57.69% 63.74%
Total 13 78 91
100% 100% 100%
Soft Empty Hand Control
Threat of Lethal Force No Yes Total
No 7 76 83
53.85% 97.44% 91.21%
Yes 6 2 8
46.15% 2.56% 8.79%
Total 13 78 91
100% 100% 100%

The median number of minutes from when the officers are first visibly seen interacting

with any involved parties to the time at which soft, empty hand control used on a suspect by an

officer is 1.63 minutes, with a minimum of zero (meaning use of force was in progress when the

video footage began) and maximum of 67.25 minutes (see Table 41). These results demonstrate

that it takes longer, on average, for soft force to be applied than it does for commands to be

delivered. The most common officer to use soft, empty hand force in the first instance of such

force is the primary officer (43.59%), with the combination of the primary and secondary officers

being fairly common as well (16.67%) (see Table 42). In 82.05% of soft, empty hand force cases

39
the suspect showed resistance (see Table 42). Resistance can be conceptualized as repeated failure

to comply with either commands or physical control.

In 26 cases soft, empty hand control was used a second time and the median number of

minutes from the time of the start of the first use of soft, empty hand control to the second is 1

minute, with a minimum of .16 and a maximum of 5.58 (see Table 41). These results indicate that

once soft, empty hand controlled is used once, it is used again quite soon after. The most common

officer to use soft, empty hand force in the second instance of such force is the primary officer

(42.31%), with the combination of the primary and secondary officers being fairly common

(19.23%), and the combination of primary and back-up officers also occurring (15.38% or n=5)

(see Table 42). In the majority cases in which soft, empty hand force was used a second time (24

of 26), the suspect showed resistance. In 5 cases a third instance of soft, empty hand control was

observed and in all 5 instance the suspect displayed resistance (see Tables 41-42).

Table 41. Descriptive statistics minutes until officer soft, empty hand control, by time series.

Variable N Median Mean Std. Dev. Min Max


Minutes until soft empty hand control time 1 78 1.63 5.73 11.56 0 67.25
Minutes until soft empty hand control time 2 26 1 1.55 1.61 0.16 5.58
Minutes until soft empty hand control time 3 5 2.83 5.08 7.61 0.34 18.5

40
Table 42. Frequency and percent officer who used soft, empty hand control and suspect resistance of soft, empty
hand control, by time series.

Officer who Used Soft Empty Hand Control Time 1


Frequency Percent Cumulative Percent
Primary officer 34 43.59 43.59
Primary and secondary officers 13 16.67 60.26
Primary, secondary, and back-up officers 1 1.28 61.54
Primary and back-up officers 5 6.41 67.95
Secondary officer 4 5.13 73.08
Back-up officer 11 14.1 87.18
Plain clothes officer 0 0 87.18
Don't know 10 12.82 100
Total 78 100
Officer who Used Soft Empty Hand Control Time 2
Frequency Percent Cumulative Percent
Primary officer 11 42.31 42.31
Primary and secondary officers 5 19.23 61.54
Primary and back-up officers 4 15.38 76.92
Secondary officer 0 0 76.92
Secondary and back-up officers 1 3.85 80.77
Back-up officer 1 3.85 84.62
Back-up and plain clothes officers 1 3.85 88.46
Plain clothes officer 0 0 88.46
Don't know 3 11.54 100
Total 26 100
Officer who Used Soft Empty Hand Control Time 3
Frequency Percent Cumulative Percent
Primary officer 1 20 20
Primary and secondary officers 1 20 40
Primary and back-up officers 2 40 80
Secondary officer 0 0 80
Back-up officer 0 0 80
Plain clothes officer 0 0 80
Don't know 1 20 100
Total 5 100
Suspect Resist Soft Empty Hand Control Time 1
Frequency Percent Cumulative Percent
No 12 15.38 15.38
Yes 64 82.05 97.44
Don't know 2 2.56 100
Total 78 100
Suspect Resist Soft Empty Hand Control Time 2
Frequency Percent Cumulative Percent
No 2 7.69 7.69
Yes 24 92.31 100
Don't know 0 0 100
Total 26 100
Suspect Resist Soft Empty Hand Control Time 3
Frequency Percent Cumulative Percent
No 0 0 0
Yes 5 100 100
Don't know 0 0 100
Total 5 100

Hard empty hand control. Hard, empty hand control was used in 63.74% of use of force

cases under study (see Table 43). The median number of minutes from when the officers are first

visibly seen interacting with any involved parties to the time at which hard, empty hand control

41
used on a suspect by an officer is 2 minutes, with a minimum of zero and maximum of 67.83

minutes (see Table 44). Again, these results suggest that is takes, on average, longer for officers

to apply hard hand control, then it does to deliver commands or apply soft hand control. The most

common officer to use hard, empty hand force in the first instance of such force is the primary

officer (39.66%), with the combination of the primary and secondary officers being fairly common

as well (24.14%) (see Table 45). In 75.86% of hard, empty hand force cases the suspect displayed

resistance toward being detained. In 4 cases hard, empty hand control was used a second time and

in 1 case it was used on 3 occasions (see Tables 44-45).

Table 43. Frequency and percent use of force events, by officer using hard, empty hand control.

Hard Empty Hand Control


Frequency Percent Cumulative Percent
No 33 36.26 36.26
Yes 58 63.74 100
Total 91 100

Table 44. Descriptive statistics minutes until officer hard, empty hand control, by time series.

Variable N Median Mean Std. Dev. Min Max


Minutes until hard empty hand control time 1 58 2 7.54 15.15 0 67.83
Minutes until hard empty hand control time 2 4 1.04 1.19 0.77 0.42 2.25
Minutes until hard empty hand control time 3 1 30.16 30.16 . 30.16 30.16

42
Table 45. Frequency and percent officer who used hard, empty, hard hand control and suspect resistance of hard,
empty hand control, by time series.

Officer who Used Hard Empty Hand Control Time 1


Frequency Percent Cumulative Percent
Primary officer 23 39.66 39.66
Primary and secondary officers 14 24.14 63.79
Primary and back-up officers 5 8.62 72.41
Secondary officer 3 5.17 77.59
Back-up officer 5 8.62 86.21
Plain clothes officer 1 1.72 87.93
Don't know 7 12.07 100
Total 58 100
Officer who Used Hard Empty Hand Control Time 2
Frequency Percent Cumulative Percent
Primary officer 2 50 50
Primary and secondary officers 1 25 75
Primary and back-up officers 1 25 100
Secondary officer 0 0 100
Back-up officer 0 0 100
Plain clothes officer 0 0 100
Don't know 0 0 100
Total 4 100
Officer who Used Hard Empty Hand Control Time 3
Frequency Percent Cumulative Percent
Primary officer 1 100 100
Secondary officer 0 0 100
Back-up officer 0 0 100
Plain clothes officer 0 0 100
Don't know 0 0 100
Total 1 100
Suspect Resist Hard Empty Hand Control Time 1
Frequency Percent Cumulative Percent
No 12 20.69 20.69
Yes 44 75.86 96.55
Don't know 2 3.45 100
Total 58 100
Suspect Resist Hard Empty Hand Control Time 2
Frequency Percent Cumulative Percent
No 1 25 25
Yes 3 75 100
Don't know 0 0 100
Total 4 100
Suspect Resist Hard Empty Hand Control Time 3
Frequency Percent Cumulative Percent
No 1 100 100
Yes 0 0 100
Don't know 0 0 100
Total 1 100

Blunt impact control. There was one instance of blunt impact control, which was the use

of a flashlight to immobilize (see Table 46). In this one case the force occurred after 18.08 minutes

from the time at which the officers are first visibly seen interacting with any involved parties (see

Table 47). The blunt object was used by the primary officer and the suspect resisted this attempt

to detain them (see Table 48).

43
Table 46. Frequency and percent use of force events, by officer using blunt impact control.

Blunt Impact Control


Frequency Percent Cumulative Percent
No 90 98.9 98.9
Yes 1 1.1 100
Total 91 100

Table 47. Descriptive statistics minutes until officer blunt impact control, by time series.

Variable N Median Mean Std. Dev. Min Max


Minutes until blunt impact control time 1 1 18.08 18.08 . 18.08 18.08

Table 48. Frequency and percent officer who used blunt impact control and suspect resistance of blunt impact
control, by time series.

Officer who Used Blunt Impact Control Time 1


Frequency Percent Cumulative Percent
Primary officer 1 100 100
Secondary officer 0 0 100
Back-up officers 0 0 100
Plain clothes officer 0 0 100
Don't know 0 0 100
Total 1 100
Suspect Resist Blunt Impact Control Time 1
Frequency Percent Cumulative Percent
No 0 0 0
Yes 1 100 100
Don't know 0 0 100
Total 1 100

Chemical control. Chemical control (i.e., pepper spray) was used in 5 cases (5.49% of

cases) and the median number of minutes from the time at which the officers are first visibly seen

interacting with any involved parties until chemical control was used is 2.16 minutes, with a

maximum time of 17 minutes (see Tables 49-50). This is longer, on average, then it takes to apply

other types of control or deliver commands. The type of officer who used chemical control differs

for each case and in all 5 cases the suspect resisted attempts to detain them (see Table 51). In one

instance chemical control was used twice and it was deployed .25 minutes after the first use of

chemical control (see Table 50). The suspect did not resist the second time (see Table 51).

44
Table 49. Frequency and percent use of force events, by officer using chemical control.

Chemical Control
Frequency Percent Cumulative Percent
No 86 94.51 94.51
Yes 5 5.49 100
Total 91 100

Table 50. Descriptive statistics minutes until officer chemical control, by time series.

Variable N Median Mean Std. Dev. Min Max


Minutes until chemical control time 1 5 2.16 5.93 6.88 0.5 17
Minutes until chemical control time 2 1 0.25 0.25 . 0.25 0.25

Table 51. Frequency and percent officer who used chemical control and suspect resistance of chemical control, by
time series.

Officer who Used Chemical Control Time 1


Frequency Percent Cumulative Percent
Primary officer 1 20 20
Secondary officer 1 20 40
Back-up officer 1 20 60
Plain clothes officer 0 0 60
Don't know 2 40 100
Total 5 100
Officer who Used Chemical Control Time 2
Frequency Percent Cumulative Percent
Primary officer 1 100 100
Secondary officer 0 0 100
Back-up officer 0 0 100
Plain clothes officer 0 0 100
Don't know 0 0 100
Total 1 100
Suspect Resist Chemical Control Time 1
Frequency Percent Cumulative Percent
No 0 0 0
Yes 5 100 100
Don't know 0 0 100
Total 5 100
Suspect Resist Chemical Control Time 2
Frequency Percent Cumulative Percent
No 1 100 100
Yes 0 0 100
Don't know 0 0 100
Total 1 100

Threat of Lethal Force. The threat of lethal force was used in 8 use of force cases (8.79%)

and the median number of minutes from the time at which the officers are first visibly seen

interacting with any involved parties until threat of lethal force is .21 minutes, with a minimum of

zero and a maximum of 1.42 minutes (see Tables 52-53). As mentioned, in most of these instances

soft hand control was not also applied. Generally, suspects in these cases posed an immediate

45
threat to the public or the police, although there were rare instances of officers neglecting to move

through the use of force continuum when they could have done so. When those cases with an event

that was in-progress at the time the video footage began are removed, 5 cases with threat of lethal

force remain. In those 5 cases the median number of minutes until the threat is made decreases to

.09. In most cases (5/8 or 62.5%) the threat of lethal force was made by the primary officer and in

2 cases the suspect resisted detention (see Table 54). In no cases was there a second threat of lethal

force.

Table 52. Frequency and percent use of force events, by officer using threat of lethal force.

Threat of Lethal Force


Frequency Percent Cumulative Percent
No 83 91.21 91.21
Yes 8 8.79 100
Total 91 100

Table 53. Descriptive statistics minutes until officer threat of lethal force, by time series.

Variable N Median Mean Std. Dev. Min Max


Minutes until threat of lethal force time 1 8 0.21 0.37 0.48 0 1.42

Table 54. Frequency and percent officer who used hard, blunt impact control and suspect resistance of blunt
impact control, by time series.

Officer who Used Threat of Lethal Force Time 1


Frequency Percent Cumulative Percent
Primary officer 5 62.5 62.5
Secondary officer 2 25 87.5
Back-up officer 1 12.5 100
Plain clothes officer 0 0 100
Don't know 0 0 100
Total 8 100
Suspect Resist Threat of Lethal Force Time 1
Frequency Percent Cumulative Percent
No 6 75 75
Yes 2 25 100
Don't know 0 0 100
Total 8 100

SUMMARY AND DISCUSSION OF RESULTS

This report builds upon the work of prior research on police use of force by capitalizing on

the proliferation of BWCs to develop in-depth descriptions of police-citizen encounters recorded

46
on video by NPD. Such reporting addresses the need to produce “strategic information products”

(see Braga, 2010; Sparrow, 2011; and Greene, 2019) around which specific party characteristics

and actions can be observed during use of force events to help inform police strategies. The use of

force event dimensions described in this “information product’” include the context of the event,

the suspect and officer characteristics, and the characteristics of the use of force encounter.

These data indicate that police use of force cases in Newark, NJ typically occur outdoors

and in public spaces. There is a great deal of variability in the length of use of force event from

when the officers are first visibly seen interacting with any involved parties to the time the event

is resolved. With that said the situation can escalate fairly quickly and even when event in-progress

cases are removed (those cases in which the camera was activated after the suspect and officers

began interacting), the median time until the event’s highest level of force is used is 2.41 minutes.

Victim(s) were on scene during around a third of use of force events and it is common for

suspects to have an altercation with the crime victim or complainant. It is also not unusual for the

suspect to attempt to flee the scene. A flee attempt can happen very quickly (within 30 seconds of

the interaction). In a quarter of cases there is evidence that the suspect who had force used upon

them was under the influence of drugs or alcohol. These results suggest both that substance use

may result in suspects becoming agitated and difficult to manage, and that police officers may be

ill-equipped to deescalate situations involving intoxicated subjects. In less than 20% of cases the

suspect was found to be in possession of a weapon. Of the weapons cases, around half involved a

firearm, indicating that officers may be implicitly or explicitly more prepared to or willing to use

force when they are aware of suspect weapon possession, regardless of threat level. Further, a

substantial proportion of use of force cases involve domestic violence. Each of these findings speak

to the potential for volatility in many of use of force cases, and results around spousal presence

47
may suggest the situation is inflamed when both involved parties of a domestic violence incident

are present on scene,. While the background characteristics of the force recipients are unknown in

the present study, the chronic domestic abuser population does overlap with the general criminal

population and can be a threat to the community and to their intimate partner victims (Scott,

Heslop, Kelly, & Wiggins, 2015).

While proactive policing strategies can produce short term crime-control gains, there tend

to be racial and income disparities in the application of such strategies (Weisburd et al., 2019;

Svensson & Saharso, 20214). The present study suggests that a substantial portion (41.76%) of

use of force cases occurred during a proactive policing response and overall results suggest that a

large proportion of police citizen interactions ending in force stem from contacts occurring

apropos.

Bystanders were present in most cases, with the most common type of bystander on scene

being involved, non-antagonistic/neutral or helpful bystanders. In the 26 cases in which involved,

antagonistic bystanders were present, such bystanders arrived within less than one minute, and

many were filming the event. In 6 cases a second group of antagonistic bystanders arrived.

Certainly the addition of antagonistic bystanders may exacerbate an already stressful situation for

both suspects and police, and the potential for increased visibility of police practices due to the

proliferation of cellular telephones with filming capabilities can contribute to further the police

culture of suspicion of the public (see Sierra‐Arévalo, 2019). Even non-antagonistic bystanders

may exacerbate the police-citizen interaction; however, filming appears to be an activity that is

fairly exclusive to antagonistic bystanders.

There were typically 2 officers on scene, but in a substantial number of cases more officers

arrived on scene at multiple arrival times within a few minutes of one another. Many officers did

48
not announce the presence of a BWC; but for those who did, the announcement came quickly. That

said, it is possible that compliance with NPD policy on announcing the presence of a camera has

improved since 2018, the final year of our study period. Finally, it is so common for BWCs to fall

off officers during interactions (34.07%) that addressing this hardware limitation should be a top

priority for manufacturers.

In many cases no reason was given to the suspect as to why the officer was on the scene

and no explanation was provided to the suspect as to why they were being detained. It was also

quite common for at least one officer to display verbally antagonistic behavior, and to do so within

less than 2 minutes of interacting with the suspect. These displays of such behavior were typically

short in duration and the force recipient is almost exclusively the target of such behavior. These

abrasive practices could compound the legitimacy-eroding effects of the use of force incident—

both at the individual and community level—to foster legal cynicism (Kirk & Papachristos, 2011).

Such community-level legal cynicism is associated with low arrest rates and low engagement in

collective efficacy (Kirk & Matsuda, 2011). With additional attempts to express views, suspects

become more persistent or committed to sharing their perspective and police may be less open to

allowing suspects to express their views. That said most officers permitted suspects to speak at the

suspect’s first attempt, and those officers who permit suspects to speak are consistent in their

adherence to procedural justice principles in that they address suspects’ concerns.

In most (78.02%) cases an officer gave the force recipient a calm command and in just over

half of cases an officer gave a shout command. Results around calm commands suggest that many

officers are quite committed to the directive itself, as well as they are committed to the verbal

delivery of the directive. In half of the cases under study the highest level of force used during the

force event is hard, empty hand control, and in another 36.26% the highest level is soft, empty

49
hand control. The most common officer to use soft, empty hand force in the first instance of such

force was often someone other than the primary officer—this is true for hard had control as well.

Generally, suspects showed resistance to this type of force, as well as to hard, empty hand control.

In many cases in which soft, empty hand control was not used, threat of lethal force was used.

While the median number of minutes from when the officers are first visibly seen interacting with

any involved parties to the time at which force is used generally increases with the severity of the

force type, threat of lethal force is an exception to this trend. When the force continuum was not

followed, it may be that the threat to the public or officers was immediately high. Generally, most

officers adhered to the NPD policy of using escalating verbal commands before resorting to

physical force.

The most notable limitation of the present study is that, as Terrill et al. (2016, p. 67) point

out, BWCs “rely on officer activation, which does not occur equally for all citizen encounters and

fails to capture events preceding activation, which is a problematic gap.” To control for this, we

have presented measures of central tendency for both the full sample, as well as a sub-sample with

those cases which were in-progress at the time of camera activation removed. Results differ very

little from the full to sub-samples. Despite this limitation, the descriptive findings presented here

can provide practitioners with information products useful to daily operations.

50
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Court Cases Cited

United States of America v. City of Newark, No. 2:16-cv-01731-MCA-MAH. (2016)

54

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