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Measuring The Amount of Force Used by and Against The Police in Six Jurisdictions
Measuring The Amount of Force Used by and Against The Police in Six Jurisdictions
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4
Measuring the Amount
of Force Used By and
Against the Police in
Six Jurisdictions
by Joel H. Garner and Christopher D. Maxwell
25
Use of Force by Police
26
Chapter 4: Measuring the Amount of Force Used
Our design has some limitations. There are weapon, or threatened to use a weapon.
some circumstances in which the police use However, it is not always clear when a
force but do not make an arrest, and our ap- weapon is actually used. Does a firearm have
proach will miss those incidents. In addition, to be discharged to be “used”? In addition, is
the primary source of our data is self- a firearm or a baton displayed just by being
reported marks by police officers on a two- carried by an officer, or does display mean
page form. These types of measures provide only removed from a holster? If a weapon is
some uniformity but often miss important displayed, is an officer or a suspect threaten-
distinctions that can be obtained by more ing to use it? We think the distinctions be-
indepth interviews or firsthand observations tween use, threatened use, and display are
by independent observers. important but acknowledge that the survey
form might be an imprecise method to mea-
For instance, we asked officers to record
sure these differences.
whether they used a weapon, displayed a
Measuring force
The primary means by which the research age procedures of the Joint Centers for
project collected information on the use of Justice Studies.
force was a one-page, front and back, form
Under the legislation authorizing the re-
completed by law enforcement officers on a
search program at the National Institute of
systematic sample of adult custody arrests.
Justice, Congress made confidential re-
This form, illustrated on the two following
search data “immune from legal process”
pages, was used to record characteristics of
and specified that data identifiable to an
the arrest situation, the suspect, the officer,
individual shall not be “used for any pur-
and the specific behavioral acts of officers,
pose in any judicial, legislative, or admin-
suspects, and bystanders in a particular
istrative proceeding.Ӡ This confidentiality
arrest. The form was derived from a similar
protection was communicated to officers
study* conducted in Phoenix, Arizona, dur-
by their departments and included on the
ing 1994 but was modified to conform to the
survey form; interviewed suspects were
local characteristics, police terminology, and
told of this protection prior to their agree-
departmental policies of the participating
ing to participate in the research.
agencies. Similar items were asked of a
smaller sample of suspects interviewed in These procedures increased the likeli-
local jails shortly after arrest. hood that officers and suspects would
provide more accurate information be-
The forms were completed by arresting
cause officers would be less constrained
officers but were not reviewed or controlled
by fears that their individual answers
by police managers; thus, the forms were
might be communicated to others within
not departmental records but research
the department and might even possibly
data. Both the police officers completing
be used against them. The confidentiality
the forms and the suspects who were inter-
provided to research subjects by the Con-
viewed were research subjects, and the
gress makes the findings of this research
confidentiality of their responses was pro-
more reliable and, therefore, more useful
tected by the data management and stor-
to congressional and other policymakers.
* Garner, Joel, John Buchanan, Tom Schade, and John Hepburn, Understanding the Use of Force By and
Against the Police, Research in Brief, Washington DC: U.S. Department of Justice, National Institute of
Justice, November 1996, NCJ 158614.
†
42 U.S.C. 3789(g).
27
Joint Centers for Justice Studies, Inc.
Multisite Arrest Tactics Study
INSTRUCTIONS: Complete one form for each adult arrest. This form is to be completed by the arresting officer.
This officer will respond as first officer. When additional officers are involved, please record any actions on their part as well.
PLEASE MARK EACH ITEM WITH A CHECK ( ✓) OR A NUMBER AS APPROPRIATE
ARREST/OFFENSE # _____________________ 8. Number of Persons, Including Yourself,
Present at Arrest Scene
1. Division/Assignments (✓ All That Apply)
Number Present Initial Contact Completion of Arrest
C NE NW NC SE SW INV Unit SO ICP
# of Officers
Investigative Administrative
# of Suspects
2. Suspect’s Custody Status Upon Your Arrival (✓)
Not Already in Custody # of Bystanders
Already in Custody: Police, Courts 9. Suspect’s Relationships (✓ One for Each)
Already in Custody: Private Security/Citizen Relationship to Victim Relationship to Bystanders
3. Officer’s Prior Knowledge of Location (✓) Unknown
No Prior Knowledge No Relationship
If Prior Knowledge, What Known Y N Acquaintance/Friend
Location Believed to be Nonthreatening Family/Intimate
Location Known for Criminal Activity 10. Characteristics of Officers
Location Believed to be Hazardous to Police 1st Officer 2nd Officer
Affiliated Gang Member Race White Black Hispanic Oth. White Black Hispanic Oth.
Possession
Verbal
Threat
Display/
Brandish Use
Weapons Possession
Verbal
Threat
Display/
Brandish Use
Stick/Blunt Object Baton
Knife/Edged Weapon Flashlight
Handgun
Chemical Agent
Rifle/Shotgun
Motor Vehicle
Canine
Other Item (specify _____________)
If weapon used, describe how weapon used:
Suspect Officers Suspect Officers
Y N 22. Injuries During This Arrest Y N Y N 23. Medical Attention This Arrest Y N
Complaint of Pain/Strained Muscle, etc. Offered and Refused
Temporary Chemical Irritation First Aid at Scene
Bruise, Abrasion, Scratch, Burn Transported to Hospital
Puncture, Cut Other (specify _________________)
Gunshot, Knife Wound Thank you for your time and effort. All information on this
Internal Injuries form identifiable to an individual will be kept confidential by
the Joint Centers for Justice Studies in accordance with
Concussion/Loss of Consciousness Federal law (42 U.S.C. §3789(g)) which states that these
research data are "immune from legal process" and shall not
Broken Bone or Teeth be "used for any purpose in any action, suit, or other judicial,
Other Injury (specify ____________) legislative, or administrative proceeding."
Use of Force by Police
The design of this research—systematic what elements of the arrest or the police-
samples, multiple sources of information, public encounter constituted force, abuse of
and multivariate analysis—was guided by force, or excessive force. Our approach has
an assessment that much of the prior re- been to explicitly define and measure force
search had confounded the measurement of and, building on prior research in Phoenix,
force with definitions of what is and is not Arizona,5 we identified five elements of force:
excessive force. In this project, we deferred weapons, weaponless tactics, restraints,
the difficult task of defining and measuring motion, and voice.
excessive force. We focused on the measure-
ment of the amount of force, with the expec- Weapons
tation that this information would inform
There is a strong consensus that the use of
issues surrounding the use of excessive force.
a weapon constitutes force and that the use
For instance, excessive force is typically but
of certain types of weapons—e.g., handguns
not necessarily associated with more severe
and rifles—involves more force than the use
forms of force that could or do result in in-
of such other weapons as batons and oleo-
jury or death.
resin capsicum (pepper spray). What is less
Our findings are that most arrests involve no clear is the meaning of “use.” For instance,
force, excessive or otherwise. When force is does a firearm have to be discharged to be
used, it typically involves less severe forms of “used”? Also unclear is whether the posses-
tactics and weapon use. These findings pro- sion, threatened use, or display of a weapon
vide a context for understanding excessive constitutes force by law enforcement officers
force, which we know can involve low-level or by suspects. Our approach to this uncer-
acts of force (such as verbal threats or cursing tainty was to have officers mark on the data
against compliant suspects) as well as the collection form whether they or the suspects
acts of force that result in physical injury or possessed, displayed, threatened to use, or
death of civilians. Arrests that involve no used any of seven different types of weapons.
force, however, cannot involve excessive force
Combining data from all sites, exhibits 4–1
and arrests that involve low levels of force are
and 4–2 show the frequency with which
less likely to involve excessive force. Although
officers report that they or arrested suspects
the exact relationship between the amount of
used, threatened to use, or displayed certain
force and excessive force remains to be clari-
weapons. Use of weapons is infrequent; in
fied, this research seeks to inform future law
97.9 percent of all adult custody arrests,
enforcement policies, practices, and training
police did not use a weapon (exhibit 4–1). In
by identifying what kinds of force are and are
99.3 percent of all such arrests, suspects did
not currently being used by and against law
not use a weapon (exhibit 4–2). As noted in
enforcement officers.
exhibit 4–1, the most frequent weapon used
by the police was some form of a chemical
The Elements of Force agent, mostly oleoresin capsicum;6 it was
This chapter emphasizes measuring the used in 88 or 1.2 percent of the arrests in
amount of force used by law enforcement this study.
officers and by suspects. The task of measur- The second most frequent weapon was the
ing the amount of force required establishing flashlight, used in 41 (0.5 percent) arrests.
an understanding of the specific behavioral Handguns were used by the police in 11 (0.1
acts that constitute “force” and how much percent) arrests; rifles or shotguns were used
force is involved in each of those behaviors. by the police in 7 (0.1 percent) of the arrests
Prior research had traditionally employed (no officer reported that such use involved
simple dichotomies between the presence or discharge of a firearm).
absence of physical force or abuse of force or
excessive force without much attention to The most frequent weapon used by suspects
was a knife; it was used in 18 (0.2 percent) of
30
Chapter 4: Measuring the Amount of Force Used
all arrests (exhibit 4–2). Suspects used hand- differences in incidents in which weapons
guns in 12 (0.2 percent) arrests and rifles or are used and those in which they are dis-
shotguns in 5 (0.1 percent) arrests.7 played but not used.
A somewhat different pattern emerges in Exhibit 4–1 also reveals a finding similar
exhibit 4–1 where we examine instances in to one reported in the Phoenix study: police
which weapons were either displayed or officers report that they use, display, and
used. Handguns were displayed or used by threaten to use a flashlight more often than
police in 202 (2.7 percent) arrests and rifles they use, display, or threaten to use a baton.
or shotguns were used or displayed 31 (0.4 Batons were used in 15 (0.2 percent) arrests;
percent) times. Thus, firearms are infre- flashlights in 41 (0.5 percent). In addition,
quently used but are the most frequent officers report that they used motor vehicles
weapon displayed. On the other hand, chemi- as weapons in 15 arrests and either used or
cal agents were the most frequently used threatened to use them in 21 arrests. These
weapon but ranked second (118 or 1.6 per- findings do not conform to conventional
cent) when use and display are counted. Ex- thinking about the relative frequency of
hibit 4–1 indicates that in 215 (2.8 percent) weapon use or even on the types of equip-
of 7,512 arrests, officers went so far as to dis- ment used as weapons.
play a firearm but did not, ultimately, use a
Officers report that suspects use, display,
firearm. These findings suggest important
and threaten to use weapons less frequently
31
Use of Force by Police
than officers do. Exhibit 4–2 notes that the arm. Each of these tactics involves direct
knives were the weapons most frequently physical contact between the officer and the
used (18 or 0.2 percent) by suspects, followed suspect and does not involve use of specific
closely by sticks (17 or 0.2 percent) and objects in applying force. The police survey
motor vehicles (14 or 0.2 percent). When form listed 12 tactics and exhibit 4–3 dis-
handguns, rifles, and shotguns are combined, plays the frequency with which officers re-
the weapon most frequently displayed or ported the use of these tactics. In 6,328 or
used (43 or 0.6 percent) by suspects is a fire- 84.2 percent of the arrests in this study, the
arm. Suspects threatened, displayed, or used police reported that they used no weaponless
a firearm in 63 arrests. These findings about tactics. Among arrests involving a weapon-
suspects confirm our earlier findings about less tactic, the most frequent “tactic” was
the police: understanding the use of force is grabbing, used 954 times (12.7 percent of all
advanced by considering not only the use but arrests). Other common tactics involved us-
also the display and the threatened use of a ing a control hold (164 times or 2.2 percent
weapon. of arrests), arm twisting (281 or 3.7 percent),
wrestling (233 or 3.1 percent) and pushing
Weaponless tactics or shoving (145 or 1.9 percent).
Police officers use and are trained to use a Police reported that suspects used weapon-
variety of weaponless tactics, from carotid less tactics in 412 or 5.5 percent of all ar-
control holds to simply grabbing a suspect by rests (exhibit 4–4). Wrestling was the tactic
32
Chapter 4: Measuring the Amount of Force Used
most often used by suspects (262 times or handcuffs, leg cuffs, and more severe re-
3.5 percent of all arrests), followed closely by straints, such as hobbles or body cuffs. As
pushing or shoving by the suspect (166 times with most other items, the survey provided
or 2.2 percent). As with weapons, the use of for a specific “yes” or “no” response for each
weaponless tactics by officers and by sus- item. In the 7,512 arrests in this study,
pects was infrequent. officers reported that they used handcuffs in
6,182 (82.3 percent) (exhibit 4–5). In 67 (0.9
Although weapons and weaponless tactics
percent) arrests, the police used leg cuffs and
are typically included in most understanding
in 29 (0.4 percent) they used more severe
of what constitutes the use of force, the three
restraints.9
other elements discussed next are some-
times, but not always, considered part of the The use of restraints appears to be frequent
use of force. but not universal; handcuffs predominate,
but in a small proportion of arrests (1.3 per-
Restraints cent) restraints more severe than handcuffs
were used. Handcuffing alone is not typically
One element of force that officers alone em-
perceived as involving force, but our under-
ploy is use of restraints.8 The police survey
standing of force might include the use of
form lists three possible types of restraints—
more severe restraints, some of which have
33
Use of Force by Police
been associated with injury to suspects and, percent). In a small number of arrests, sus-
in some instances, even death.10 pects fled on foot (354 or 4.7 percent) or in a
motor vehicle (128 or 1.7 percent). When the
Motion police did pursue a suspect, it was most often
(224 or 3.0 percent) on foot; motorized pur-
One aspect of police-public encounters in
suits, including helicopter pursuits, occurred
arrest situations is suspect flight and officer
in 199 (2.7 percent) arrests in our sample.
pursuit. Although most research and policy
discussions on the use of force do not address Flight and pursuit do occur, but it is not
issues around either flight or pursuit, we clear the extent to which these actions in-
include both as potential elements of force. volve the application of what we typically
Our police survey form recorded whether mean when we speak of the use of force by
suspects attempted to flee and, if so, whether police or by suspects. Still, flight and pursuit
they fled on foot, in a motor vehicle, or by can result in serious injury to officers, sus-
other means. pects, or bystanders, especially if conducted
in a motorized vehicle, and such actions are
As displayed in exhibits 4–6 and 4–7, in
included in some definitions of what consti-
most arrests, there was no flight (7,027 or
tutes use of force.
93.5 percent) and no pursuit (7,089 or 94.4
34
Chapter 4: Measuring the Amount of Force Used
35
Use of Force by Police
not record all aspects of each element of measures of force used by police officers—
force would preclude the possibility of using Physical Force, Physical Force Plus Threats,
those aspects to determine if force was used Continuum of Force, and Maximum Force.
and, if it was used, how much force was used. We also developed four comparable mea-
sures of force by suspects. Each of these
The behaviors recorded capture the details
measures is a summary of behaviors derived
of specific behaviors by officers and suspects,
by combining specific actions by law enforce-
but they do not constitute complete mea-
ment officers and by suspects in different
sures of force. Taken singly, none of the five
ways. We recognized that no single measure
elements of force captures fully everything
is likely to capture well all the different un-
that is typically meant by the use of force. A
derstandings of the use of force. Thus, this
fully developed measure of force requires the
research used multiple measures of force in
use of definitions that determine precisely
order to incorporate more precisely the vari-
how combinations of these elements consti-
ous ways in which force is conceptualized by
tute the presence of force or increases in the
the police, the public, and researchers.
amount of force used by and against the po-
lice. The next section provides more detail on
Physical force
how we translated our five abstract sets of
behaviors into measurements of force. The first measure is a traditional conceptual
dichotomy of those arrests where physical
Four Measures of Force force was or was not used. We defined the use
of physical force for officers and for suspects
Using the items included on the police sur- in a parallel but slightly different manner
vey, the research team constructed four (see first definition in sidebar “Definitions of
measures of force”). For both the police and
for suspects, the definition of physical force
Exhibit 4–8: Police voice in 7,512 arrests
includes any arrest in which any weapon or
weaponless tactic was used. In addition, we
Voice Tone Arrests Percent of
include as examples of physical force by the
All Arrests
police arrests in which officers used a more
No Voice Reported 485 6.5 severe restraint—prone cuffing, hobble, body
cuff, or leg cuff.
Conversational 4,599 61.2
Command 2,297 30.6 Physical force plus threats
Shout/Curse 73 1.0 Our second measure, Physical Force Plus
Threats 58 0.8 Threats, includes all the elements of Physi-
cal Force but adds use of threats and dis-
plays of weapons. This measure combines
actual physical force with threatened force.
Exhibit 4–9: Suspect voice in 7,512 arrests Although this combination may be inappro-
priate for some purposes, threats of violence
Voice Tone Arrests Percent of are typically reported as violence in other
All Arrests measures, such as in the FBI’s Uniform
Crime Reports. Our second measure incorpo-
No Voice Reported 1,191 15.9 rates the threat component of the use of
Conversational 4,970 66.2 force.
36
Chapter 4: Measuring the Amount of Force Used
37
Use of Force by Police
of this “continuum of force” is intended not item was “An officer uses a baton” and an-
only to reflect the official policies of the par- other was “An officer threatens to use a hand-
ticipating law enforcement agencies but also gun.” Officers were asked to rank these items
to incorporate into our research the widely based not on departmental policy but on their
held notion that the force/no force dichotomy personal experience. We asked all officers to
is sometimes inadequate to capture all the indicate, in their opinion, how much force was
important variations in the ways police involved in each type of force.
handle encounters with the public and the
This exercise resulted in a measure that
nature of suspect resistance to the police.
makes reasonable (but not necessarily per-
Unlike the Physical Force dichotomies, the fect) distinctions between different types of
Continuum of Force measures are purpose- force. Officer presence, conversation, and
fully responsive to the specific use of force commands are ranked near the bottom and
policy and training in each department. Be- the use of weapons, especially firearms, are
cause these measures are not consistent, it ranked near the top. These rankings include
is not possible to combine cases from the six some elements of force that are included nei-
jurisdictions into one measure of police use ther in most discussions of force nor in our
of force and one measure of suspect use of Physical Force or our Continuum of Force
force. measures. For instance, officers rank the use
of handcuffs at 28.2 and chasing a suspect
The Continuum of Force measures capture
in a car at 41.4. Experienced officers in our
distinctions among types of force (like vari-
survey ranked these behaviors as involving
ous weaponless tactics and the use of weap-
substantial amounts of force, but our mea-
ons) that are not possible in the two Physical
sures of Physical Force and Continuum of
Force dichotomous measures. The Con-
Force would count arrests that involved just
tinuum of Force measures have a natural
handcuffing or just a pursuit as involving no
ranking of categories from less forceful to
physical force or as mere officer presence.
more forceful. This research quantifies that
natural ranking and creates a scale in which The second step in developing the Maximum
each category is considered more forceful Force measure is to determine if such
than the previous category. One weakness of behaviors occurred in our sample of 7,512
using these policy categories as a numerical arrests and, if so, to weigh them according to
scale is that this formulation, in Charlotte- the rankings made by police officers. When
Mecklenburg for instance, considers the dif- police officers reported that they twisted a
ference between officer presence and verbal suspect’s arm, the amount of force for that
directions to be the same as the difference arrest was measured as 35.1; when they
between intermediate weapons and lethal used a carotid hold, the amount of force was
force. Few observers would accept that these measured as 56. When officers reported that
differences are equivalent. they engaged in two or more forceful acts, we
recorded the one with the highest ranking—
Maximum force hence the name Maximum Force.
This multisite research developed a fourth These rankings, depicted later in exhibit
measure of force, which we call Maximum 4–13, are presented not as a perfect or uni-
Force. This measure ranges from 1 to 100, versal scale but as an example of how the
with a ranking score of 1 being the least amount of force can be quantified in a way
forceful and 100 being the most forceful. We that approximates our understanding of
created this measure in a two-step process. In variation in the use of force. For purposes of
five of the six participating law enforcement this research, the important issue is that
agencies, we asked 503 experienced officers to this type of measure captures important
rank more than 60 hypothetical types of force aspects of the use of force that would be
on a scale from 1 to 100. For instance, one missed if research were limited to simple
dichotomies or the Continuum of Force
38
Chapter 4: Measuring the Amount of Force Used
Exhibit 4–10: Most of 7,512 adult custody arrests did not involve force (six jurisdictions)
100
82.9% 81.1%
(6,229) (6,094)
80 No
Percent of All Arrests
Yes
60
40
17.1% 18.9%
(1,283) (1,418)
20
0
Did Police Use Physical Force? Did Police Use or Threaten Force?
measures. There are differences between we believe, reasonable but not the only rea-
grabbing and kicking and between threaten- sonable definitions that could be used. The
ing to shoot someone and actually shooting Continuum of Force measures are derived
them; the Maximum Force measure is an at- from departmental policies, but these poli-
tempt to measure those real but imprecisely cies vary from department to department
known differences. and within departments over time. The
Maximum Force measure is the most inno-
The development and use of a variety of
vative effort and perhaps the least well de-
detailed measures of force is intended to en-
veloped, but unlike the other measures, it
courage researchers and policymakers to ex-
reflects the relative ranking of experienced
plicitly include or exclude specific behaviors
police officers.
and to explicitly consider the severity of dif-
ferent types of force. It may be too early to We are not yet prepared to assert that one
establish uniform measures, but it is not too form of measurement is to be preferred over
early to start proposing uniform measures. other forms. Certainly, improvements can be
made in the measures we have developed,
Summary: Measures of force but future research needs to be explicit
about how force is measured and to justify
The use of force is not a simple concept that
why the particular measures of force used
is easily measured. This research has taken
are appropriate. Until such measures are
the issue of measurement seriously and
developed and justifications provided, we
developed a variety of measures that, as a
recommend the four measures reported here.
group, capture many if not all the crucial
distinctions that are commonly made about
the amount of force used by and against po-
The Distribution of Force by Police
lice officers. Our efforts at measurement are and Against the Police
not definitive. The definitions of Physical
Exhibit 4–10 displays the number and per-
Force and Physical Force Plus Threats are,
cent of the adult custody arrests in this
39
Use of Force by Police
Exhibit 4–11: Most severe force type used as percentage of the 1,418 arrests
involving force
100
77%
60
40
20 9.5% 11.1%
(135) (158)
2.3%
(33)
0
Threats Restraints Weaponless Tactics Weapons Used
Types of Force Used
Exhibit 4–12: Type of tactics used as a percentage of all 1,184 tactics used
60
49.7%
(589)
50
Percent of Tactics Used
40
30
18.5%
(219)
20
40
Chapter 4: Measuring the Amount of Force Used
study that met our definition of Physical When the Maximum Force measure is ap-
Force. Law enforcement officers reported plied, with its 1-to-100 ranking scores, most
that they used physical force in 1,283 or 17.1 arrests still involve little or no force but a
percent of our sample of adult custody ar- proportion of arrests involve substantial
rests; they used physical force or threats of amounts of force. Exhibit 4–13 notes the
force in 1,418 or 18.9 percent of the 7,512 large number of arrests (4,305 or 57.3 per-
arrests in this study. Thus, whichever of cent of all 7,512 arrests) at a ranking of 28.2.
these two definitions is used, our findings In these arrests, the most forceful behavior
are that law enforcement officers used or by the police was handcuffing. The exhibit
threatened to use physical force in fewer also reveals that there was variation among
than one of every five adult custody arrests. arrests in which some form of forceful action
was taken. Some actions, such as the display
However, as we argued earlier, this simple
or the use of a handgun, were very forceful
dichotomous measure may not provide a suf-
and generate a Maximum Force ranking of
ficiently clear understanding on the nature
55.4 and 81.7.
of force used by the police. To help better
understand the nature of force, exhibit 4–11 The Maximum Force measure captures a
displays the frequency with which different number of activities, such as police chasing
elements of force (threats, restraints, weap- suspects in a car, that are not counted as
onless tactics, or the use of weapons) were force in our definitions of Physical Force,
the most severe form of force used among Physical Force Plus Threats, and in depart-
all instances in which law enforcement mental policies on the Continuum of Force.
officers used some force. The exhibit shows In addition, this measure takes into account
that the predominant types of force used by differences, sometimes severe, between
police officers do not involve firearms or types of force. Grabbing a suspect and using
other weapons but some form of direct physi- a firearm are both examples of Physical
cal contact, which we categorized as “weap- Force and are counted equally in that mea-
onless tactics.” In almost 80 percent of all sure; in the Maximum Force measure, grab-
incidents involving physical force or threats bing ranks at 33.0 and using a handgun at
of force, the most severe form of force used 81.7. Thus, this measure captures items
by law enforcement was a weaponless tactic; that officers think involve force and weigh
less than 12 percent of the arrests which met the amount of force based on a scale that
our definition of Physical Force Plus Threats can range from 1 to 100.
involved the use of a weapon.
Focusing more closely on weaponless tactics,
Summary and Discussion
exhibit 4–12 indicates those instances in This research collected information from a
which officers use some form of weaponless systematic sample of adult custody arrests
tactics. This exhibit reveals that the most and used that information to construct a
frequent type of weaponless tactic was grab- variety of measures of force. We have used
bing the suspect. In 7.8 percent of all 7,512 these data to describe the amount of force
arrests and 49.7 percent of all 1,184 arrests used by the police in six urban jurisdictions.
in which the police used at least one tactic, We have emphasized various definitions of
the most severe tactic used was categorized force and demonstrated a variety of methods
as a “grab.” Other less frequent types of tac- that explicitly and quantitatively describe
tics involved the use of control holds, arm force.
twisting, pushing or shoving, wrestling, or
Our research suggests that no one measure
hitting or kicking. These findings confirm
captures well all the elements that go into
the results of prior research that established
our understanding of what comprises force by
that most adult custody arrests do not in-
police officers against civilians during an ar-
volve force or threats of force and those ar-
rest. At the present time, there is no single
rests that do involve force are typically at
conception of what constitutes the use of
the low end of severity.
41
Use of Force by Police
Exhibit 4–13: Average ranking of police behaviors by 503 officers in 7,512 arrests
42
Chapter 4: Measuring the Amount of Force Used
force, and this constrains our ability to stitutes excessive force. Our understanding
implement precise measures of the presence of these relationships might benefit from
of force or the amount of force. The multiple more precise understandings of how force is
measures we have developed and imple- measured and a comparison of the relation-
mented here illustrate how different elements ship between the amount of force used by
of force can be combined into meaningfully the police and the amount of force used
distinct measures. In this research we found against the police.
that the use of force is relatively infrequent,
regardless of the measure used. When the use Notes
of force does occur, the amount of force is usu-
ally at the low end of our measures of force. 1. Custody arrests involve transporting sus-
pects to a detention facility; instances where
Combined with the similar findings from our suspects are arrested and issued a summons
initial study in Phoenix, these substantive to appear before a judicial officer are not in-
findings are beginning to provide a stable cluded in this research.
picture of police behavior and the amount
of force the police use in arrest situations. 2. Geller, William A., and Michael Scott,
These findings, however, remain tentative Deadly Force: What We Know, Washington,
given the small number of jurisdictions DC: Police Executive Research Forum, 1992.
involved in this research and the room for 3. Reiss, Albert J., Jr., “Police Brutality—
improvements in methods of data collection Answers to Key Questions,” in Law and
and in precision in measuring the amount of Order Police Encounters, ed. Michael Lipsky,
force. Although this research demonstrates New Brunswick, NJ: Aldine, 1980: 127.
that police agencies and researchers can
work collaboratively to describe the amount 4. Vaughan, Diane, The Challenger Launch
of force used by police officers, much remains Decision: Risky Technology, Culture, and
to be done to improve our measurements Deviance at NASA, Chicago: University of
and to use those measures to determine the Chicago Press, 1996.
types of circumstances in which more force is 5. Garner, Joel, John Buchanan, Tom Schade,
used. and John Hepburn, Understanding the Use
This multisite research project collected of Force By and Against the Police, Research
information about more than 50 potential in Brief, Washington, DC: U.S. Department
predictors of force, and additional analysis of of Justice, National Institute of Justice,
those data will be forthcoming in the near November 1996, NCJ 158614.
future. This line of research holds great 6. Some arrests involved the use of more
promise for identifying the actual nature of than one weapon.
police use of force as well as identifying
those characteristics of police recruitment, 7. After some discussion, the research team
training, tactics, and philosophy that can as- (researchers and agency personnel) decided
sist police departments in moving away from to include on our officer survey form the
a reliance on the use of force and toward an possibility that a motor vehicle might be
increased reliance on the use of information used as a weapon.
and cooperation with the communities they 8. This research assumed that in success-
serve. fully completed arrests, suspects would not
Future research also needs to focus on the be using restraints on officers.
relationship between the overall amount of 9. In 666 (8.8 percent) arrests, the officers
force used in a law enforcement agency and explicitly marked on our forms that they did
the nature, scope, and extent to which the not put handcuffs (or other restraints) on
force that is used meets various social under- the adults that they arrested and took into
standings and legal definitions of what con- custody. In another 568 (7.5 percent) of the
43
Use of Force by Police
arrests, the officers did not indicate whether ton, DC: U.S. Department of Justice, Na-
they did or did not use any type of restraint. tional Institute of Justice, June 1995.
10. Granfield, John, and Jami Onnen, Execu- 11. For purposes of this research, some of
tive Brief: Pepper Spray and In-Custody the participating law enforcement agencies
Deaths, Alexandria, VA: International collapsed several formal departmental
Association of Chiefs of Police, 1994; and rankings into a smaller number of measur-
National Institute of Justice, Positional able categories that reflected distinct and
Asphyxia—Sudden Death, National Law measurable differences in officer behavior.
Enforcement Technology Center, Washing-
44
5
The Force Factor:
Measuring and Assessing
Police Use of Force and
Suspect Resistance
by Geoffrey P. Alpert and Roger G. Dunham
45
Use of Force by Police
46
Chapter 5: The Force Factor
Exhibit 5–1: Incidents involving officer use of control tactic types—listed as a continuum of force from
least to most severe
Types of Control Tactics Incidents Involving at Least This Number of Different Tactic Types
1 Type 2 Types 3 Types 4 Types 5 Types 6 Types
Verbal Command 525 — — — — —
96%
Handcuff Suspect 16 480 — — — —
3% 94%
Search Suspect 1 22 449 — — —
0.2% 4% 95%
Use Wrist/Arm Lock 1 3 20 183 — —
0.2% 0.6% 4% 82%
Use Takedown 1 1 1 24 18 —
0.2% 0.2% 0.2% 11% 40%
Block/Punch/Kick — 1 — 2 9 —
0.2% 1% 20%
Strike Suspect 1 — — 2 5 4
0.2% 1% 11% 13%
Wrestle Suspect — 2 2 1 10 7
0.4% 0.4% 0.4% 22% 23%
Pepper Spray — — 1 2 2 10
0.2% 1% 4% 33%
Use Baton — — 1 — — 4
0.2% 13%
Use Firearm — 1 — 9 1 1
0.2% 4% 2% 3%
Other Tactic — — 1 — — 4
0.2% 13%
Multiple Tactics 1 — — — — —
0.2%
Incident Totals for Columns 546 510 475 223 45 30
Column Incident Total as 100% 93% 87% 41% 8% 5%
Percent of All (546) Incidents
47
Use of Force by Police
lefthand side of exhibit 5–1 are in a se- officers listed use of wrist or arm lock tech-
quence that reflects a typical use-of-force niques (fourth level on the continuum) as the
continuum, from the lowest level of force fourth tactic used. In 11 percent of incidents
(verbal commands) to the highest (use of a with four tactics, officers listed takedowns,
firearm). Across the top of the table is the which constitute the next degree of force on
number of tactic types the officer used in a the continuum. The exception at the fourth-
given incident. Although tactics are not nec- tactic stage is firearm use (4 percent of such
essarily listed in the temporal sequence that incidents). Apparently, continuum adherence
they occurred, it can be argued that officers breaks down more often in incidents when
do follow a use-of-force continuum. four types of force are necessary. This be-
comes even more apparent in situations
For example, when an incident involves at
when five or six types of force are used by
least one tactic type, the tactic listed as the
the officer. In these situations, the use of
first used is almost always the lowest level of
force is more scattered and distributed along
force: a verbal command (used in 96 percent
the more severe end of the continuum.
of incidents). Three percent of such incidents
involved handcuffing as the first tactic used, Findings indicate that officers used mul-
also at the low end of the continuum of force. tiple force tactics most of the time, usually
Very few of such incidents involved higher two tactics, three tactics in 87 percent of the
levels of force as the first tactic used. incidents, and four in about 40 percent. In
these instances, officers also seem to follow
When incidents involved at least two tactic
a typical continuum of force, with minor de-
types, the second did not include verbal com-
viations that do not vary by more than one
mands, in contrast to 94 percent of the inci-
or two levels on the continuum. However,
dents involving handcuffing the suspect.
in the few instances when more than four
Searching the suspect occurred in 4 percent
force tactics per incident are used, they are
of the incidents; few involved force more se-
scattered over the more extreme end of the
vere than a search as a second tactic.
force continuum.
For incidents entailing three tactic types, no
Although we can infer a probable order of
officers listed verbal commands or handcuff-
tactics from the data, a temporal sequence
ing as the third used. Most listed searching
is not clear in all cases. Future research
the suspect (95 percent of the incidents);
should focus on this sequential ordering of
about 4 percent of the incidents involved a
officers’ use of multiple force tactics and the
wrist or arm lock as the third tactic, which is
concurrent level of suspect resistance. A
the next level of force on the continuum; and
well-conducted interaction model could con-
very few incidents were recorded as involv-
tribute to understanding police/suspect in-
ing force levels further down the continuum.
teractions in these dangerous situations.
The pattern that emerges follows the tradi-
Control tactics used with varying
tional use-of-force continuum. The first tactic
amounts of suspect resistance. The pur-
used in an incident is nearly always the least
pose of this analysis was to determine how
severe use of force on the continuum, and the
many officers followed the typical continuum
second tactic used in an incident is nearly al-
of force for a given level of suspect resis-
ways the second-most lenient. Officers appar-
tance. The continuum of force reflects an
ently follow the continuum with very few
escalation from verbal commands to deadly
exceptions, and those exceptions seem to devi-
force. Nearly 97 percent of the incidents in-
ate by only a small degree in relation to the
volved initial use of a verbal command when
whole range.
the suspect offered no resistance. Deviating
This same pattern seems to pertain to those from this typical process of verbally direct-
incidents involving use of a fourth tactic by ing the suspect increased when suspect re-
officers. None listed the first three levels of sistance was moderate or high (13 percent
force. In 82 percent of four-tactic incidents, of all suspects), and violent or explosive
48
Chapter 5: The Force Factor
(12 percent). Three percent of officers devi- suspect (327 incidents), most incidents in-
ated from first handcuffing the suspect dur- volved officer verbal commands (8 percent),
ing the encounter when there was no or handcuffing (65 percent), or wrist/arm
slight resistance by the suspect. Deviating locks (27 percent). However, three incidents
from the typical control process increased to (1 percent) did involve use of a firearm.
almost 16 percent of officers when suspect The force used by some officers when facing
resistance was moderate to high. Less than 1 slight resistance was more than the force
percent (0.4 percent) deviated from searching used by officers who faced no resistance.
the suspect when there was no resistance. When the suspects used slight resistance,
Slightly more than 4 percent of the officers most incidents involved officer use of verbal
deviated from this typical process when re- commands, handcuffing, or wrist/arm locks
sistance was slight, 19 percent when resis- (altogether 90 percent). There were a few
tance was moderate or high, and 13 percent cases of takedowns (3 percent), one incident
when resistance was violent or explosive. in which an officer struck a suspect, and six
situations in which an officer used a fire-
Highest level of force used. The next
arm (6 percent) as the most severe tactic
analysis involved determining the highest
used. When suspects resisted at a moderate
level of officer force used in each incident and
or high level, officers used verbal com-
comparing that with the level of resistance
mands, handcuffing, or wrist/arm locks as
by the suspect. This analysis provides an-
their highest level of force in 48 percent of
other way to determine if the level of the
incidents.
force used by an officer was consistent with
the level of the suspect’s resistance. Finally, when suspect resistance was violent
or explosive, all incidents involved force
According to the data presented in exhibit
beyond verbal commands and handcuffing.
5–2, when there was no resistance by the
Exhibit 5–2: Most severe control tactics used by the officer by level of suspect’s resistance
49
Use of Force by Police
When suspects acted violently, officers ter with the police officer. Officers reported
reported four incidents in which a wrist or erratic behavior 24 percent of the time. How-
arm lock was the highest level of force used ever, 23 percent of the time, suspects were
against the suspect (24 percent). The most calm when interacting with the officer.
frequently used type of force was a takedown
Suspect resistance and injury. Because
(29 percent), followed by striking the suspect
these cases involved some degree of use of
(18 percent), wrestling the suspect (12 per-
force by the officer, it is not surprising that
cent), and using a baton (12 percent). One
almost all cases involved suspects who
officer reported an incident involving use of
showed some degree of resistance (97 per-
a firearm (6 percent). The data seem to sug-
cent). The category of resistance most often
gest that, in terms of the incidents as a
reported was actively resisting arrest (36 per-
whole, officers’ use of force reflected a con-
cent), followed by assaulting the officer (25
tinuum ranging from lower to higher levels.
percent). Twenty-one percent of suspects at-
tempted to escape or flee the scene.
Miami-Dade Police Department
The most common type of suspect injury was
The Miami-Dade dataset included 882 offi- a bruise or abrasion (48 percent of those in-
cial Control-of-Persons Reports from the last jured). The next most common injuries were
quarter of 1993 and all of 1994 and 1995. lacerations (24 percent) and injuries from
These data were reported by the officer’s gunshots (4 percent). Most suspects resisted
supervisor after interviewing the officer, by using their hands and arms only (65 per-
suspect, and available witnesses. The cent). An additional 14 percent used their
department’s computerized information was fists against the officer, and 12 percent used
used to create the dataset. their feet or legs. Less than 5 percent used a
Findings from the Miami-Dade Police De- gun (handgun, rifle, or shotgun). One percent
partment are reported in the following order: used a vehicle to assault the officer, and an-
other 1 percent used a cutting instrument.
● Suspects’ characteristics and actions.
The most common type of force used by the
● Arresting officers’ characteristics and suspect was striking or hitting the police of-
actions. ficer (44 percent). In 27 percent of incidents,
● Analyses of interaction patterns between the suspect pushed or pulled the officer, and
officers and suspects. in another 20 percent, the suspect grabbed or
held the officer. Eight percent of incidents
● Analysis of officer and suspect ethnicity. involved verbal threats or threatening move-
ments or behaviors by the suspect.
Suspect characteristics and behavior
Role of alcohol or drug impairment on
Suspects ranged in age from 12 to 90. The the suspects’ behavior. Another important
mean age was 28.6 years. Of the 882 sus- question addressed was whether the suspect
pects, 46 percent were black and 54 percent appeared intoxicated by alcohol or impaired
white. Thirty-five percent of the total num- by drugs and how that affected the confron-
ber of suspects were Hispanic, most of whom tation. The 370 suspects who were reported
were white. Eighty-nine percent of the sus- intoxicated by alcohol or impaired by drugs
pects were male, and 11 percent were fe- were less likely to be calm and more likely to
male. Of the 42 percent of suspects who appear visibly upset (23 percent and 18 per-
appeared impaired by alcohol or drugs at cent, respectively), and more likely to be er-
the time of the incident, 24 percent were re- ratic in their behavior (24 percent) or highly
ported affected by alcohol and 18 percent agitated (33 percent).
were affected by a variety of illegal drugs. A
number of suspects were highly agitated or Suspects who were reported impaired were
erratic in their behavior during the encoun- no more or less likely to resist the officer
than sober suspects, but when they did
50
Chapter 5: The Force Factor
resist, they resisted in different ways. Im- However, 12 percent were given first aid, and
paired suspects were more likely to resist 6 percent were treated by emergency rescue
actively or to directly assault the officer than personnel at the scene. Less than 1 percent
nonimpaired suspects. In spite of this, sus- of officers were treated at a hospital or by
pects who were reported impaired were no their personal physician.
more likely to receive force by the officer or
Role of officer characteristics. In no
to be injured during the arrest than were
department do all officers respond precisely
sober suspects. Similarly, suspect impair-
the same to situations, although rules,
ment by drugs or alcohol was not related to
regulations, and policies of the department
whether the officer was injured during the
should narrow the range of officers’ re-
incident.
sponses to within acceptable and appropri-
Although the overall significance of the rela- ate limits. In the cases examined here,
tionship between impairment and type of officer characteristics did not make much of “There do not appear to be
suspect resistance was not statistically sig- a difference in whether force was used or in any empirically validated
nificant, there was a fairly large difference the level of force used. There were no statis- research studies which
in resistance with a gun. Suspects reported tically significant differences in the level of support the assertion that
as impaired were more than twice as likely force used by male and female officers. Fur- race, ethnicity, gender, or
than sober suspects to use a gun to resist ther, the ethnicity of the officer did not affect age of police officers are
the police. the general level of force used or whether related to misuse of physi-
force was used. Officer age differences were cal or deadly force.”
Officer characteristics and behavior statistically significant, but the differences —New York State Com-
may reflect the differences in assignments of mission on Criminal Jus-
The officers ranged from 21 to 66 years of
younger versus older officers, which was not tice and the Use of Force,
age, with a mean age of 34. Most officers
studied. As the average age of the officers Report to the Governor,
were Anglos (54 percent), Hispanics (31 per-
increased, the level of force they used Vol. I, New York: New
cent), and blacks (14 percent). Eighty-nine
decreased. York State Commission
percent of the officers were male, and 11
on Criminal Justice and
percent were female. Most officers were as-
Interaction patterns between officer the Use of Force, May
signed to patrol (92 percent), and 5 percent
and suspect 1987: 301.
were sergeants.
This section focuses on the interaction pat-
Officer force and injury. The most com-
terns between officer and suspect. In other
mon type of force used by officers was use of
words, is there a relationship between the
hands and arms (77 percent of use-of-force
suspect’s initial behavior and the officer’s
incidents). In 8 percent of use-of-force
response? Ninety-two percent of suspects
incidents, officers used (discharged) their
offered some resistance. The categories
weapons, and in another 7 percent they used
included “attempted to flee” (31 percent),
dogs (K–9s). In a majority of the incidents
“actively resisted the officer” (23 percent),
(64 percent), officers grabbed or held the sus-
“passively resisted” (20 percent), “assaulted
pects. The next most common use of force
the officer” (17 percent), and “resisting to
was to strike or hit the suspect (10 percent of
incite others” (1 percent). Although calm sus-
the incidents).
pects were the least likely to actively resist
The most common injury to officers was or assault the officer, they were the most
bruises or abrasions (64 percent of those likely to attempt to flee, even more so than
injured), followed by sprains or strains (15 suspects perceived to have mental deficien-
percent), and lacerations (15 percent). Of cies or problems (as defined by Florida’s
injured officers, 2 percent were bitten by the Baker Act). Further, it was the suspects who
suspect, 2 percent suffered broken or frac- initially acted in a calm manner who were
tured bones, and 1 percent were injured by the most likely to resist an officer with a gun
gunshots. The vast majority of injured officers or to assault the officer with a vehicle.
received no treatment (76 percent).
51
Use of Force by Police
The initial behavior of the suspect did not tions is important. Officers used higher
influence whether the suspect was injured levels of force against suspects of their own
during the arrest, but it did influence the ethnic group than against suspects of other
level of force used by the officer. Suspects ethnic groups. For example, Anglo officers
who were initially calm were the least likely used higher levels of force against Anglo sus-
to have force used against them. They were pects than black or Hispanic officers used
no more likely to have slight force used against Anglo suspects. Black officers used
against them than other suspects. However, higher levels of force against black suspects
they were among the top two groups to be than did Anglo or Hispanic officers, and
forcibly subdued by the officer using some Hispanic officers used more force against
method other than hands. Hispanic suspects than did Anglo or black
An analysis of suspects’ initial behavior and officers. The differences were the least pro-
officers’ injuries resulted in an interesting nounced for Anglo officers and the most
finding relating to the dangerousness of pronounced for black officers.
Baker Act suspects. Suspects who were de- Among other explanations, this could be
scribed as visibly upset or highly agitated due to a tendency to deploy officers in areas
inflicted more officer injuries than other with a preponderance of citizens of their own
suspects (40 percent and 39 percent respec- ethnicity. However, with the greater diver-
tively), and Baker Act suspects inflicted sity of neighborhood ethnicity in recent
fewer injuries than other suspects years, this finding may reflect a proclivity on
(20 percent). the part of officers to respond differently to
There was a strong relationship between the members of various ethnic groups. If this
level of officer force and the chance of officer were true, each ethnic group might feel more
injury. Increasing levels of officer force, re- comfortable using force on suspects from
gardless of the level of suspect resistance, cor- its own group. Another interpretation is
responded with higher probabilities of officer an officer’s possible concern that race and
injury. When no force was used, 2 percent of politics might be dragged into the situation
officers were injured. Minimal force situa- when an officer uses force against a suspect
tions resulted in 15 percent of officers being of another ethnic group. As a result, officers
injured, and situations involving officers forc- may try to avoid such situations.
ibly subduing suspects with their hands re- Data in exhibit 5–3 compare officer/offender
sulted in 69 percent of officers being injured. ethnic matches with the degree of resistance
However, when officers used force other by suspects. Although there does not seem to
than their hands, injuries were reduced to be a relationship between ethnic matches
15 percent. and whether a suspect offers resistance,
Clearly, increasing levels of suspect resis- there are differences in the levels of resis-
tance increase the chance of an injury to the tance. Although based on a small number of
attending officer. No resistance or passive cases, the ethnic match resulting in the
resistance seldom resulted in an officer in- greatest likelihood of a suspect assaulting
jury. However, when the suspect attempted the officer occurs when a black officer is
to flee or actively resisted arrest, the chance arresting an Anglo suspect (46 percent).
of an officer injury is increased dramatically. Contrast this to the likelihood of assault
The chance of an officer injury increased when an Anglo officer is arresting an Anglo
even further when the suspect incited others suspect (14 percent), or when a black officer
or directly assaulted the officer. is arresting a black suspect (17 percent).
In exhibit 5–4, officer ethnic matches are
Ethnicity of officers and suspects compared with the level of force used by the
The relationship between the ethnicity of the officer. Force was used most often when the
officer and that of the suspect in force situa- officer was black and the suspect was Anglo
52
Exhibit 5–3: Officer/suspect ethnic matches and resistance by suspect
53
Chapter 5: The Force Factor
Use of Force by Police
(100 percent) or Hispanic (100 percent). in the same manner. Even though the force
Force was used least often when the officer factor is a relative measure, in situations
was Hispanic and the suspect black (93 per- where the level of police force is greater than
cent). Force with hands was used most often the level of resistance, there is no necessary
when the officer was black and the suspect implication that the level of police force
was either Anglo (73 percent) or Hispanic was excessive or improper. For example, an
(77 percent). Force, other than hands, was officer may justifiably use more force than
used most often when the officer was Anglo does a suspect to gain control of a situation.
and the suspect black (32 percent). Similarly, it is possible that a suspect’s resis-
tance may exceed the level of force used by
The Force Factor the officer. A force factor representing such a
disparity does not necessarily mean that the
Prior research on use of force by police has officer’s level of force was too weak or im-
focused on the highest level of force used or proper. A weaker police use of force, relative
the highest level reached in an encounter. to the suspect’s level of force, could represent
This analysis differs from previous ones be- an incident in which a suspect shoots an
cause its focus is on the level of force used by officer who was unable to respond. Similarly,
the police relative to the suspect’s amount of it could represent a suspect who attacked an
resistance, which we call the force factor.3 officer but who was controlled with a mini-
This section describes the force factor and mum of police force. In any case, the most
concludes with comments on its implications interesting cases are those that reflect the
as it applies to policy and training. greatest differences between force and
To calculate the force factor, both the sus- resistance.
pects’ level of resistance and the officers’ An important application of the force factor
level of force must be measured and scaled is the analysis of police use of force within
Exhibit 5–4: Officer/suspect ethnic matches and level of force used by the officer
54
Chapter 5: The Force Factor
Force-related terminology
Suspect resistance: control. In some cases in this resistance
category, the officer decided that he or she
No resistance. Suspect was cooperative
needed to use weapons or other special
and followed all verbal instructions given by
tactics to gain control instead of engaging
the officer.
the suspect directly.
Slight resistance. Suspect resisted the
officer’s actions and the officer had to use Officer force:
strong directive language and/or minimal
No force. Officer used typical verbal
force (skills) to encourage suspect to coop-
commands.
erate and follow directions.
Slight force. Officer had to use strong direc-
Moderate or high resistance. Suspect im-
tive language and/or minimal physical force
peded officer’s movement or resisted cuffing
to encourage the suspect to cooperate and
or placement in a car. This level of resistance
follow directions.
required the officer to use arm/wrist locks
and/or distraction techniques or fighting skills Forcibly subdued suspect with hands.
to gain compliance and control. Officer used an arm/wrist lock, takedown,
block, punch, or kick, and/or struck or
Violent or explosive resistance. In this, the
wrestled the suspect.
most extreme, level of resistance, the sus-
pect struggled or fought violently and re- Forcibly subdued suspect using methods
quired the officer to (1) use fighting skills to other than hands. Officer used chemical
disengage, (2) use a chemical agent, baton, agent, baton, gun, or other special tactics or
or firearm, or (3) continue fighting to gain weapons.
55
Use of Force by Police
Exhibit 5–5: Force factors for 538 use-of-force incidents (Eugene/Springfield, Oregon)
300 290
250
Use-of-Force Incidents
200
150
131
100 92
50
19
1 2 3
0
–3 –2 –1 0 1 2 3
Force Factors
56
Chapter 5: The Force Factor
Exhibit 5–6: Force factors for 838 use-of-force incidents (Miami-Dade, Florida)
500
409
400
Use-of-Force Incidents
300
224
200
143
100
40
17
3 2
0
–3 –2 –1 0 1 2 3
Force Factors
the safety of officers, minimizing injuries cantly at risk for injury any time they use
to civilians, protecting the rights of those force, particularly when they strike a sus-
against whom force is used, and providing pect with their fists or use their hands and
officers with the tools needed to make ar- arms to control a suspect. Because most
rests effectively and restore order. The major use-of-force incidents (80 percent) involve
objective of the policies and training is to the use of hands, arms, or fists, Miami-Dade
reduce or minimize injuries. officers are most at risk for injury when
using precisely the type of force that they
The Oregon and Miami-Dade data paint
report using most frequently.
somewhat different pictures of the injuries
suffered by officers during use-of-force inci- Overall, Oregon data show far fewer injuries
dents. Of 803 incidents analyzed for injuries to officers during incidents involving the use
from Miami-Dade, 308 (38 percent) resulted of force. Of 504 reported incidents where
in a reported officer injury. The vast majority force was used, 9 (1.8 percent) resulted in an
of reported injuries (79 percent) were minor injury to an officer. Officers in Springfield
and consisted of bruises, strains, or soreness. and Eugene are most at risk for injury when
Nevertheless, 45 officers were lacerated, wrestling (21.1 percent), striking (12.5 per-
6 were bitten, 5 suffered a broken bone or cent), or taking a suspect to the ground (3.8
fracture, 1 received a puncture wound, percent). In none of the eight incidents when
1 received internal injuries, and 3 were shot. a police baton or pepper spray was used did
an officer suffer an injury.
The series of blue bars in exhibit 5–7 depict
the chances of officer injury (not including The chances of suspect injury are significant
simple soreness) according to some of the no matter what type of force is used by the
more common ways in which Miami-Dade police. The series of brown bars in exhibit 5–
officers reported using force. These figures 7 summarizes the chances of suspect injury
suggest that Miami-Dade officers are signifi- when various types of force are used by
57
Use of Force by Police
Exhibit 5–7: Chance of officer/suspect injury by type of police force used in Miami-Dade
100
Officer Suspect
90 81%
(17)
73%
80
Chance of Officer/Suspect Injury
(454) 67%
64% (6)
70
(7)
60
48% 48%
50 (10) 43% (29)
(264)
40
27%
30 (2) 22%
(2) 18%
20 (11)
10
0
Fist Hands/Arms PR–24 Baton Foot/Leg Handgun
Type of Police Force Used
Miami-Dade officers. A suspect is more likely increased likelihood of injury is small. Fur-
to suffer injury if struck with a fist than thermore, even in cases where a suspect was
with a PR–24 police baton. This may be due injured, the force factor mean was still nega-
to the training that police receive in how to tive (–0.114), indicating that, overall, officers
use the baton in a manner that minimizes use force that is less than the resistance of-
the risk of injury. In any event, the chances fered by suspects. These findings can be an
of a suspect being injured are greatest when important source of information for formu-
the officer uses his fists, hands, arms, feet, or lating policies and training that help reduce
legs during the encounter. the possibility of injuries.
The force factor analysis of the Miami-Dade In addition to the policy implications above,
data yields two important findings with re- the findings from this research point to
spect to injuries. First, the data indicate that several training issues that need to be ad-
officers are more likely to be injured when dressed by police agencies. These issues
using less force relative to the resistance of include:
the suspect. In other words, if an officer does
● Better training is needed in the use of
not escalate the amount of force used in re-
weaponless (empty hand) control tactics.
sponse to an increasingly violent suspect, the
Because the vast majority of use-of-force
officer is more likely to be injured. Second,
incidents are low level in nature, police
the data show that injuries to suspects in-
officers will continue to rely on their
crease only minimally as the amount of force
hands, arms, and feet to control most re-
used by the police increases relative to the
sistive suspects. Currently, these common
amount of resistance. Although suspects are
types of encounters result in a dispropor-
more likely to receive injuries when police
tionate number of injuries to officers and
use more force relative to resistance, this
58
Chapter 5: The Force Factor
suspects. If officers were better trained ● Officers need more and better training in
and prepared to deal with these types of how to avoid or defuse violent encounters
encounters, it seems likely that the num- before they arise. If future policies require
ber and severity of injuries arising from officers to take reasonable measures to
them would decrease. avoid the use of force, then officers must
be properly trained in conflict avoidance
● A use-of-force continuum that matches
and crisis management techniques. How
suspect resistance with officer response
successful an officer is at avoiding vio-
levels, combined with a robust training
lence is a function, at least in part, of how
program that reinforces what level of
well trained the officer is in defusing emo-
force is appropriate in a given encounter,
tionally charged situations.
should help reduce officer and suspect
injuries.
Directions for Future Research
● Significantly more training is needed in
the proper use of chemical agents. The In examining the use-of-force landscape and
Oregon data indicate that pepper spray in discussing the findings of this research,
was used in 2 of 547 use-of-force encoun- at least four important areas remain unex-
ters. Similarly, pepper spray was used 4 plored. First, we know very little about the
times in 803 encounters by the Miami- effectiveness of various types of nonlethal
Dade police. The Miami-Dade figures are force used by police. What is needed is a
undoubtedly low because the police de- comprehensive evaluation of the effective-
partment does not issue chemical agents ness of all types of police force commonly
to patrol officers but does permit use of used in street-level encounters.
chemical agents in specialized tactical Second, research is needed that identifies
operations. The Oregon officers appear to in detail the sequential order of how violent
be using pepper spray infrequently. More encounters unfold. As noted above, there is a
training on the use and potential abuse great need to develop an interactive model
of chemical agents may help reduce the that can better explain the active and reac-
number of officer and suspect injuries. tive aspects of these encounters. Although
● If the PR–24 baton is to be retained, anecdotal evidence is abundant, there is
officers need regular retraining and prac- little empirical research on what factors
tice in how to use it effectively. In Dade immediately trigger the use of force by and
County, every reported instance when against police, how force is actually used by
the PR–24 side-handled baton was used suspects against police, and how officers
involved a strike. To those who advocate respond.
its use, the advantage of the PR–24 is its Third, little reliable research exists that
ability to be used as a defensive and con- identifies the extent of police use of excessive
trol-type weapon. When employed prop- force. Although we can say with relative con-
erly, the PR–24 can be used to trap and viction that police use of force occurs on an
hold the hands and arms of suspects to infrequent basis, we cannot conclude with
bring them under control. Apparently, the nearly the same certainty how many of those
PR–24 is not being used to its full capac- incidents involve excessive force.
ity. This is not surprising because the use
of a PR–24 is a diminishing skill that Finally, there is a need to explore measure-
takes a great deal of practice to retain ment issues and uses of the force factor.
one’s ability to use it to full advantage. Studying police use of force without taking
If officers cannot remain proficient in its into account levels of suspect resistance
proper use, then police agencies should should be avoided. Research results that do
reevaluate whether to continue to issue not include the relative measure of force fail
the PR–24 or whether another impact to impart a thorough understanding of the
weapon may be more appropriate. police-public encounter. Creating force factor
59
Use of Force by Police
scores for individual officers, assignments, ton, DC: U.S. Department of Justice, Bureau
units, and departments can be an important of Justice Statistics and National Institute of
step in understanding and controlling police Justice, April 1996, NCJ 160113.
use of force.
2. Alpert, Geoffrey, and William Smith, “How
Of course, measuring excessive force is Reasonable Is the Reasonable Man?: Police
highly problematic; indeed, even defining ex- and Excessive Force,” Journal of Criminal
cessive force is difficult and definitions may Law and Criminology, 85(1994): 481–501.
vary considerably depending on the situa-
3. Alpert, Geoffrey, and Roger Dunham, The
tion.5 In spite of this difficulty, if we consider
Force Factor: Measuring Police Use of Force
the importance to the Nation of knowing how
Relative to Suspect Resistance, Washington,
often its police officers abuse their authority,
DC: Police Executive Research Forum, 1997.
comprehensive research on excessive force
must continue to receive a high priority. 4. Alpert, Geoffrey, Police Pursuit: Policies
and Training, Research in Brief, Washington,
Notes DC: U.S. Department of Justice, National
Institute of Justice, May 1997, NCJ 164831;
1. Greenfeld, Lawrence, A., Patrick A. Langan,
and Alpert, Geoffrey, and Lorie Fridell, Police
and Steven K. Smith, Police Use of Force:
Vehicles and Firearms, Prospect Heights, IL:
Collection of National Data, Washington, DC:
Waveland Press, 1992.
U.S. Department of Justice, Bureau of Justice
Statistics and National Institute of Justice, 5. Alpert, Geoffrey, and William Smith, “How
November 1997, NCJ 165040; and McEwen, Reasonable Is the Reasonable Man?: Police
Tom, National Data Collection on Police Use of and Excessive Force.”
Force, Bureau of Justice Statistics, Washing-
60
6
A Research Agenda on
Police Use of Force
by Kenneth Adams
61
Use of Force by Police
stand poised to gripe at the first hint of whether force used by police in a specific
failing. situation was excessive.
The project of the International Association If we are to advance our understanding of
of Chiefs of Police (IACP) is viable because excessive force, we need not only a common
it collects data under two important condi- definition but also common perceptions of
tions: voluntariness and strict confidentiality which instances fit the definition. Likewise,
(see chapter 3). These conditions serve to the relation of use of force to other issues of
insulate police departments from potentially police behavior and misconduct is easy to
negative repercussions. They also work to delineate conceptually. As a practical matter,
distort the scientific picture by presenting however, we do not know the size and
data only from departments willing to coop- strength of these hypothesized relations.
erate and by limiting access to important This information will allow us to determine
information regarding the characteristics of when interrelated phenomena should be
those police departments. What in the politi- treated separately or as one, or when one
cal arena is considered prudent is in the phenomenon can be substituted for the
scientific arena a handicap, operating as a other, as convenient or necessary.
source of error and bias.
Judging what force is excessive
Within the context of these challenges and
limitations, a multifaceted research agenda Research on excessive force by police must
that moves forward on several fronts is grapple with the problem of determining
needed. Four priority areas for future re- what is excessive. The complication is that
search on police use of force are proposed: labeling force as excessive involves a judg-
ment, the outcome of which depends on the
● Establishing the conceptual boundaries of
information that is available, the criteria
“excessive force.”
that are used, and the manner in which the
● Improving measurement. criteria are applied. An obvious problem is
that the criteria used in making judgments
● Identifying important variation and
about excessive force are not always the
correlates.
same, leading to differences of opinion.
● Evaluating efforts to manage use-of-force Judges apply legal standards; police admin-
problems. istrators apply professional standards; and
citizens apply “common sense” standards.
Establishing the Conceptual The information available on which to make
Boundaries of Excessive Force these judgments also varies considerably.
Judges typically render judgments in the
In studying police use-of-force problems, we
context of an adversarial trial process that,
eventually come to ask, “What is excessive
in principle, is designed to lay bare all rel-
force?” and “How does excessive force relate
evant information. Administrative review of
to other forms of violence and misconduct by
police conduct generally takes place behind
police?” At an abstract level, the concept of
closed doors by trained professionals who
excessive force is not hard to delineate. A
have to temper objective reasoning (e.g., go-
variety of definitions already exist, some of
ing by the book) with subjective understand-
which are widely used and accepted. How-
ing (e.g., “putting themselves in another
ever, when it comes to applying a definition
officer’s shoes”). Regarding the thoroughness
of excessive force to individual situations,
of internal police investigations, there is a
thereby rendering a judgment that a par-
professional “push” to be exhaustive and
ticular police officer acted wrongly in a spe-
demanding and a collegial “pull” to be politic
cific situation, linguistic neatness breaks
and practical.
down into untidy legal complexity. Judg-
ments will differ, sometimes widely, about
62
Chapter 6: A Research Agenda on Police Use of Force
The public tends to make judgments about education, and experience with the criminal
police use of force with more emotion and justice system? Answers regarding racial dif-
less information than do judges or police ad- ferences, for example, are relevant to percep-
ministrators. They react, somewhat reflex- tions of fairness and building of community
ively, to newspaper and television reports of solidarity.
excessive force or stories from friends and
Judgments of excessive force are complex
neighbors claiming that the police victimized
because they involve many considerations. “Excessive force is almost
them or someone they know.
Which factors carry the most weight in mak- always a matter of
Finally, there are differences in how often ing these judgments? What role does the ac- degree...and circum-
decisions are made and in the consequences tions and characteristics of the suspect play? stance. Excessive force
of decisions. Lawsuits alleging excessive How are the actions and characteristics of complaints frequently
force by police are relatively uncommon, al- the officer weighed? How do situational arise in situations where
though the consequences of a single decision factors, such as time of day, location, and the officer, armed and
can immediately and acutely transform en- number of bystanders, influence judgments? obliged to confront crimi-
tire organizations and communities. Police What role does the police organization’s nality, was doing his job;
administrative decisions regarding excessive rules and procedures play in judgments? where he was duty-bound
force occur more frequently than judicial de- What does the public, as well as lawyers and to intervene; where dan-
cisions, usually in the context of disciplinary police, think about legal and professional cri- ger was present and some
proceedings or policy reviews. The short- teria for determining excessive force? These force was necessary; or,
term consequences of these decisions focus issues are important if we are to know what where witnesses are lim-
on the individuals involved in the situation. different kinds of people think about the ex- ited to the victim and
The public’s judgments on excessive force cessive force problem. Likewise, these issues the officer and there is
occur habitually, being made by innumerable are important if we are to understand and a marked divergence in
people on a continual basis. The immediate interpret data on excessive force generated their views about what
consequences of these decisions are seem- by courts and police organizations as well as happened.” —Cheh, Mary
ingly trivial, but the cumulative long-term by survey research. M., “Are Lawsuits an An-
effect can be devastating in terms of police- swer to Police Brutality?”
The problem of excessive force relates to sev-
community relations. And Justice for All: Un-
eral other areas of police behavior that raise
derstanding and Control-
We know something about judicial and similar issues. In particular, excessive force
ling Police Abuse of Force,
administrative judgments of excessive force overlaps with use of force generally (exces-
ed. William A. Geller and
because decision criteria are spelled out, sive and otherwise), civilian injuries by po-
Hans Toch, Washington,
decisionmaking processes are in place, and lice, police misconduct and illegal behavior,
DC: Police Executive Re-
decision outcomes are visible. However, and work performance.
search Forum, 1995: 235.
much more can be known about these issues,
particularly with regard to variations across Focus on the broader picture
localities and organizations. Perhaps be- For several reasons, it is useful for research
cause the public’s judgments are so silently to focus on the broader picture of all use-of-
ubiquitous, we know almost nothing about force events. First, the process of identifying
how these decisions are made. use-of-force incidents is more factual and
There is a need for research on judgments less judgmental than that of identifying
of excessive force. How do police differ in excessive force incidents. Hence, there are
their judgments from judges and lawyers? fewer problems, both normative and scien-
The answer holds implications for the out- tific, in counting and studying events. Also,
come of lawsuits. How does the public differ recordkeeping systems already exist in many
from police administrators in their judg- police departments that document use-of-
ments? In an era of community policing, the force events in considerable detail. This
answer holds serious implications for police- means that data are readily available for
community relations. How do people vary analyses within and across departments.
in their judgments with regard to personal Second, a focus on all use-of-force events
characteristics, such as race, age, gender, leads us to consider the problem of excessive
63
Use of Force by Police
use of force, as distinguished from the prob- Finally, another perspective is to view the
lem of excessive force. This turn of phrase excessive force problem as part of a much
describes situations in which use of force, broader set of police misbehavior. It may be
though arguably legitimate and justifiable that officers who engage in excessive force
on a case-by-case basis, can be seen in the are “problem” officers in a much more gen-
aggregate as disquietingly frequent and eral sense. On the job, they may disregard
potentially problematic. A focus on excessive procedures, disobey rules, show poor judg-
use of force shifts the question from “Was ment, and have bad attitudes. Off the job,
force used legitimately in this situation?” to they may drink too much, abuse their
“Why is force being used so often?” By con- spouses, and get into fights and traffic acci-
centrating on use-of-force levels that are dents. An officer’s use-of-force difficulties
potentially counterproductive and hence may be part of a larger constellation of prob-
inadvisable, we indirectly address the exces- lem behaviors that become manifest in citi-
sive force problem because in scrutinizing zen complaints, disciplinary actions, and
use-of-force incidents for necessity, excessive poor performance evaluations. These rela-
force events are likely to stand out in stark tions, which should be investigated, are
relief. theoretically important because they may
require that we broaden our explanations of
Third, a broader perspective, one that em-
excessive force to include other problem be-
phasizes questions of how often force is used
haviors. Such theoretical explanations are
and whether force is used too often, leads us
policy relevant to the extent that efforts to
to consider a wider array of options for deal-
deal with use-of-force problems require a full
ing with problems of police-public violence.
understanding of police misbehavior in order
By not sorting use-of-force events into cat-
to be successful. Finally, as a practical mat-
egories of “good” and “bad” and then focusing
ter, these relations can be used to identify
on the “bad,” discussions of solutions can
problem officers early on, before their prob-
more easily move away from issues of pun-
lems swell and get out of hand.
ishment and discipline. By downplaying the
moral element, we more quickly come to
consider the variety of remedial mechanisms
Overlap and convergence
that exist in police organizations, such as Research should focus on relations among
rules and procedures, training, and other various use-of-force problems, emphasizing
programs. Thus, our attention is drawn to areas of overlap and convergence and con-
aspects of the formal organization that can centrating on issues of measurement and
be manipulated in ways that address use-of- prediction. Some questions that need to be
force problems. answered are as follows:
Another approach to the excessive force ● What is the extent of overlap among rates
problem is to concentrate on instances in of use of force, excessive force, and civilian
which police injure civilians. Not every ex- injury?
cessive force incident involves civilian inju-
● How stable are these relations?
ries, and not all injuries to civilians involve
excessive force. A focus on injuries is none- ● To what extent can one measure substi-
theless useful because it emphasizes out- tute for the other?
comes of police use of force that are serious
● Can overall rates of force be used to iden-
and consequential. Also, police injuries to
tify police departments or police officers
civilians are easy to count because they are
that are likely to have problems with ex-
relatively unambiguous and because medical
cessive force? Can rates of civilian injury
records, generated independently of police
be used in the same manner?
records, can be used to investigate these
events. ● Can problem behaviors in the workplace
be used to identify officers who are likely
64
Chapter 6: A Research Agenda on Police Use of Force
to have problems with excessive force? a variety of measures into an index that is
Can behaviors outside the workplace be robust because the combined errors of the
used in a similar manner? individual measures tend to cancel each
other out.
Improving Measurement The various data sources that are available
Measurement problems are common in the to investigate issues of police use of force
social sciences. The quality of data typically already have been discussed elsewhere in
can stand major improvement. This too is detail.1 The focus below is on steps needed to
the case with police use of force. Although it improve data sources so that we can move
is desirable to have a sound, unambiguous, toward a multiple-indicator approach.
accurate measure of excessive force, for ex-
ample, in police departments throughout Official records
the country, it could take a decade or more For several reasons, official records are and
of work before we begin to approximate this will continue to be the major source of infor-
goal. In the near term, we will have to make mation on police use of force generally, as
do with what we have and work for small well as on excessive force. Although official
incremental improvements in data availabil- records provide less-than-perfect data,
ity and quality. from a practical viewpoint the advantages
strongly outweigh the disadvantages. Among
Multiple indicators of use of force the benefits of a good system of official
In situations in which data contain a fair recordkeeping are wide geographic coverage,
amount of “noise” (meaning error) that collection of detailed information, the possi-
masks the true picture of what is being mea- bility of linking various record systems for a
sured, and in which significantly improved more comprehensive picture, and up-to-date
measurement is not feasible, perhaps due to statistics. Also, because data collection takes
the expense, time, or effort that is required, place at the local agency level, there is the
use of multiple measures and triangulation possibility of distributing the burden of data
of data is an advisable strategy. Multiple collection across many organizations.
measurement involves use of several mea- The drawbacks of official record systems
sures that capture different perspectives on typically are lack of standardization across
the object being measured. The idea is that agencies and poor data quality. These prob-
several measures, when compared with and lems are exacerbated in the context of na-
contrasted against each other, will offer a tional coverage, which involves coordination
more complete picture than any one mea- of many different agencies that are geo-
sure, which, standing alone, is known to be graphically dispersed. For this reason,
incomplete. simple, easy-to-use data collection proce-
Triangulation is an analytic approach based dures are to be preferred over complex, diffi-
on multiple measures. The approach capital- cult-to-master procedures, particularly in
izes on the fact that each measure is imper- the early stages of establishing a reporting
fect in different ways and that each offers a system.
different perspective on the problem. If all
measures point in the same direction, one’s Use-of-force reports
confidence in the results of statistical analy- Many police departments require a use-of-
ses is increased. The underlying phenom- force report to be filed any time an officer
enon is robust enough that a consistent uses force against a civilian in the line of
“picture” emerges through the noise. If, how- duty. The report describes the circumstances
ever, measures point in different directions, of the event and the nature of the force that
then one must consider the specific limita- was used. These reports can be extremely
tions of each measure in making an assess- valuable on a number of counts. Use-of-force
ment. Sometimes it is possible to combine
65
Use of Force by Police
reports allow police administrators to moni- Civilian injury and hospitalization records
tor the number of incidents by individual
Another source of information on police use
officers, geographic areas, or organizational
of force is medical records on injuries that
units. They provide a basis for periodic ad-
civilians receive at the hands of police. These
ministrative review to determine whether
records focus on injury and treatment, and
proper procedure is being followed when
they are maintained by health-related agen-
force is used. They offer the possibility of
cies rather than police agencies. Medical
supplementing raw counts of incidents with
records capture the most serious use-of-force
detailed information on officers, suspects,
incidents, including the most serious in-
and the circumstances of encounters. Finally,
stances of excessive force.
documentation contained in use-of-force
reports may prove useful in defending the All police departments should be required to
department’s actions in litigation. maintain and publish statistics on civilian
injuries caused by police officers. Police
Although police officers now spend a lot of
agencies should work in cooperation with
time on paperwork, use-of-force reports are
hospitals and emergency rooms to develop
not unduly burdensome to officers because
these statistics.
they use force infrequently in their work.
Garner and his colleagues surveyed all ar- Compiling and publishing statistics on civil-
rests in the Phoenix Police Department for ian injuries should not place a heavy burden
2 weeks regarding use of force.2 During this on police agencies, again because these
time, 1,585 adult arrests were surveyed, of events do not happen very often. Indeed, one
The Phoenix study was which about 1 in 5 involved any type of might think along the lines of a supplemen-
supported by the National physical force by police. Thus, a requirement tal Uniform Crime Reports reporting system
Institute of Justice under that every use-of-force incident be docu- parallel to that on law enforcement officers
grant 92–IJ–CX–K028. mented translates into roughly 150 reports killed in the line of duty but concentrating
per week for a police department with more on civilian injury. The data can involve
than 3,000 employees. Since most of the simple counts of events, broken down so that
force that police use is at a relatively low criminal suspects can be distinguished from
level (i.e., holding, grabbing), the number of other civilians and the method of injury can
reports can be reduced by raising the thresh- be identified.
old for reporting.
All police departments should be required
Court records
to maintain use-of-force reports. If the Lawsuits involving police use of force tend
officer’s use of force is serious, it is to the to contain allegations of excessive force,
organization’s benefit to document its occur- although court records are poor measures of
rence. Furthermore, these reports should be how often such incidents occur, because the
subject to periodic review and scrutiny, both allegations probably constitute a highly
in terms of general trends and on a case- biased and selective subset of police-citizen
by-case basis. Finally, police departments encounters. Use-of-force incidents that lead
should be required to report periodically to lawsuits typically reflect some combina-
their statistics on use of force to a State or tion of a highly motivated plaintiff, egregious
Federal agency. Although some effort will action by police, and a tenacious lawyer. The
have to be made to standardize reporting occurrence of police misconduct is only one
procedures, this suggestion could be imple- element in the litigation equation and it may
mented fairly quickly. As computer use not be the most important. However, law-
becomes more widespread among front-line suits are directly relevant to the issue of how
police officers, reporting requirements much use-of-force transgressions by police
should become less burdensome. Detailed cost society. Knowing the costs incurred un-
suggestions for a national reporting require- der current policies and practices, as mea-
ment can be found elsewhere.3 sured by monetary awards to plaintiffs, can
66
Chapter 6: A Research Agenda on Police Use of Force
help put the price of reform into broader fi- entire city, only high-crime or low-income
nancial perspective. These cases, which merit areas might be surveyed. In lieu of sampling
systematic study, show that there are some all adults, only young adults or males might
costs to having police use force, although it is be sampled. Instead of questioning all civil-
not clear how much of these costs can be at- ians, only persons who have been arrested
tributed to excessive force. might be queried.
Presently, information about lawsuits against If survey efforts concentrated on high-risk
police is distributed across several govern- persons or situations, the number of use-of-
ment agencies, and there is little coordina- force incidents captured in a study could be
tion and feedback. City attorneys may not increased, which would mean that statistical
routinely notify police administrators about analyses would be more reliable and poten-
the outcome of litigation, so they are not al- tially more sophisticated. The data can be
ways in a position to follow up with appropri- used for a variety of purposes. They can be
ate administrative action. Financial liability used in epidemiological fashion to generate
is an important aspect of the use-of-force more reliable point estimates of police use of
problem, and citizens are entitled to know force across various conditions. They can be
what police misconduct costs them. Thus, used to gain a more complete theoretical
every police department should make avail- understanding of use-of-force incidents using
able on a periodic basis data on the number, forms of elaboration analysis that examine
types, and outcomes of lawsuits filed against subgroups within the sample. They can be
the department, separately identifying those used to study important subpopulations
that involve allegations of excessive force as within society, both in terms of point esti-
well as other use-of-force issues. mates and theoretical analyses. Depending
on the purpose of the investigation, the char-
Survey methods acteristics of the sample being targeted and
Survey methods tend to be relatively ineffi- the types of questions being asked will vary.
cient at capturing police use-of-force incidents. If the scope of persons included in a survey
The yield depends to some extent on the is restricted, some questions will go unan-
definition of force and on the timeframe being swered. For example, if a survey concen-
referenced. Definitions that include verbal trates on males, information on females will
threats will capture more incidents than defi- not be collected. The danger here is that by
nitions limited to physical contact. Likewise, restricting inquiry, we may unintentionally
questions about lifetime experiences will cap- confirm our misconceptions. Nonetheless,
ture more incidents than questions about the targeted samples may be a sensible tradeoff
past 6 months or the past year. when research funds are modest and when
Two strategies for addressing the inefficiency information is available to weigh the cost of
of survey methods in studying police use of the tradeoff.
force are using targeted samples to increase In the Phoenix study, Garner and his col-
the yield of incidents and supplementing leagues surveyed all persons arrested over
survey research projects on other topics with a 2-week period.4 A reanalysis of the data
use-of-force questions. Both these techniques, could tell us if the number of use-of-force in-
which offer cost-effective ways of studying cidents captured for the same expenditure of
infrequent events, are underutilized and resources would be greater by limiting cover-
could be used to greater advantage in age to Friday and Saturday. The data also
research on use of force by police. could tell us how use of force differs by week-
Targeted sampling. Targeted samples trade day and weekend, thus informing us about
breadth of coverage for a focus on high-risk the biases of a targeted “weekend” survey.
persons or situations. Rather than covering The compromise, of course, is that the re-
the entire country, a survey might be re- sults would only be generalizable to weekend
stricted to big cities. Instead of surveying an arrests.
67
Use of Force by Police
The supplement approach. Another strat- instruments, NCVS is very cost efficient,
egy for increasing return on research invest- functional, and expeditious.
ments is “piggybacking” one’s research onto
The BJS supplement also highlights two
another project. The strategy is an opportu-
important aspects of research on police use
nistic one that involves locating another re-
of force. First, surveys of the general popula-
search project that can be supplemented to
tion are inefficient at capturing encounters
suit one’s needs. The “other” research project
in which police use force against the public.
might be in the early stages of planning or
Of the 6,421 survey respondents nationwide,
initiation, or it might be an ongoing longitu-
only 14 reported that police used or threat-
dinal effort. If one is starting a research
ened to use force against them in the past
project, finding “partners” for combining sev-
year, leading to an annual estimate of
eral research agendas into a single research
500,000 persons nationwide. Calculation of
vehicle is economical because development
the margin of error around this estimate was
and implementation costs can be shared.
not attempted for the pilot survey, but it is
Working out differences among partners can
likely to be large because of the small num-
be difficult, however, and can lead to compro-
ber of cases involved. BJS will address these
mises that seriously detract from the utility
issues in a second pilot survey, which will
and integrity of the research when viewed
use a sample more than 10 times larger than
from the perspective of one or all of its com-
that used in the first pilot test.
ponent parts.
Another important feature of the BJS survey
With regard to an ongoing research project, a
is that it illustrates the complexity of use-
secondary or supplemental project can capi-
of-force encounters. In the BJS pilot test,
talize on the efforts of a primary project in
respondents who indicated that police had
such areas as sample selection and training
used force against them could have been
of interviewers. However, the secondary
asked more than 100 questions, depending
project will have little control over almost all
on their experiences. Recommended changes
Among the observational aspects of the research design. This is fine if
to the survey, for the most part, include the
methods alluded to on the design of the primary project meets the
addition of more questions to describe use-of-
this page is systematic needs of the secondary project. To the extent
force incidents in greater detail. Although
social observation, a field that this is not the case, the piggyback ap-
the length of the survey is not problematic,
research method used to proach extracts a cost from the secondary
given that the average time to complete it
study police. “Researchers project in terms of scientific value that needs
for persons who had contact with police was
record events as they see to be debited against the economic savings.
10 minutes, the survey makes it evident that
and hear them and do not Also, researchers may give only limited
a substantial amount of information has to
rely on others to describe opportunity to others to become involved in
be collected in order to eliminate ambiguity
or interpret events. The their ongoing research because they are con-
and ensure that the data are most pertinent
researchers follow well- cerned about protecting the integrity of their
to policy issues.
specified procedures that project.
can be duplicated.”
The Police-Public Contact Survey (see chap- Observational methods
—Mastrofski, Stephen D,
ter 2) by the Bureau of Justice Statistics
Roger B. Parks, and Observational methods are highly inefficient
(BJS) is a good example of the “supplement”
Albert J. Reiss, Jr., et al., at capturing use-of-force incidents not only
strategy.5 BJS added a set of questions about
Systematic Observation because these are infrequent events but also
police contact and police use of force to
of Public Police: Applying because a researcher can observe only one or
the National Crime Victimization Survey
Field Research Methods two officers on assignment at a time. Bayley
(NCVS), which is a 3-year, seven-panel rotat-
to Policy Issues, Washing- and Garofalo had six observers spend a total
ing longitudinal design carried out by the
ton, DC: U.S. Department of slightly more than 2,000 hours observing
Bureau of the Census. In this collaboration,
of Justice, National Insti- police officers in the field.6 These observa-
which involved a pilot test of a survey ques-
tute of Justice, December tions identified 37 use-of-force incidents by
tionnaire, BJS used only one of the NCVS
1998: vii. police, the majority of which involved rela-
panels. As a vehicle for testing new survey
tively low levels of force.
68
Chapter 6: A Research Agenda on Police Use of Force
A development worth mentioning is the use force is negatively correlated with levels of
of video cameras in police cars. In many police officer supervision, increasing supervi-
cases, the camera is set to operate automati- sion of line officers may reduce or eliminate
cally when an officer leaves the car. The pur- the problem. Finally, correlates can help us to
pose is to capture police-civilian interactions understand why things happen as they do,
so that they are available for later review in and so they are the building blocks of theo-
case there is a complaint about the officer’s ries. Again, if we know that the incidence of
behavior. Although some details or aspects of excessive force is highest among new officers,
the encounter may be missing, incidents so we might explain this relation by pointing to
recorded can be considered as observational a lack of experience and training. The corre-
data. These data can provide information on lates of excessive force might be quite differ-
the frequency and characteristics of various ent from the correlates of excessive use of
types of police-public encounters within the force, however.
limited context of automatic recording from
a patrol car. Police management might use Geographic and temporal variation
the recordings in its efforts to oversee the
In searching the list of possible correlates of
behavior of front-line officers. These video
excessive force, some factors stand out as
recordings also might be used in training
potentially more important than others. In
programs and in research, when a high
particular, variations in the incidence of
degree of verisimilitude is required. A limita-
excessive force that are associated with time
tion of this strategy, however, is that it can
and place are especially significant. Geo-
be fairly labor intensive to review the many
graphic variation, in terms of region of coun-
videos.
try or size of place, allows us to focus on
problems of excessive force and excessive
Identifying Important Variation and use of force in concrete terms.
Correlates
There is a tendency in police research to
The main purpose of scientific research is to concentrate on a handful of departments in
identify variation in things of interest and large metropolitan areas. There are several
link this variation to other factors or vari- practical reasons for this. Big cities are
ables, which are called correlates. In the be- hotbeds for all sorts of social problems, and
ginning stages of research, scientists usually their large populations make them good
focus on accurate measurement of variation. places to study infrequent events. Also, po-
Thus, priority should be given to develop- lice departments in large cities tend to have
ment of tools that allow us to determine how resources that facilitate research, such as
often excessive force occurs. computerized recordkeeping systems. For
these reasons, which are largely matters of
Social science research, however, moves
practicality and convenience, police depart-
down several paths at the same time. While
ments in medium- and small-sized cities
researchers are busy trying to measure
often are overlooked as potential research
variation, they quickly jump to questions of
sites.
what factors are associated with higher or
lower levels of excessive force. Larger metropolitan areas will contain a
greater number of use-of-force incidents,
Correlates, if reliable and substantial, allow
and probably excessive force incidents, than
us to predict. If, for example, the incidence
smaller areas. However, this may be the
of excessive force is positively related to the
result of more police-public interactions
incidence of violent crime, we know where
or more police officers. When measured as
problems of excessive force will be greatest.
rates per 1,000 arrests or per 100 front-line
Another practical side of correlates is that
officers, use-of-force problems actually may
they can allow us to take steps to mitigate
be greater in smaller areas. Also, taken as a
problems. Thus, if the incidence of excessive
group, the many medium and small cities
69
Use of Force by Police
that dominate our country may constitute factors will help fill out the use-of-force
the greater part of the use-of-force problem. picture in terms of social classifications.
Thus, there is a need to broaden the scope of
Criminal justice-related factors also are rel-
police research to include departments in
evant. Researchers would be interested in
medium and small cities. Without this re-
work-related variables, such as officers’ expe-
search, we will not know the answers to
rience, training, rank, and nature of work
many important questions about the scope
assignments. Also of interest would be use-of-
of the excessive force problem and about the
force histories, civilian complaints, disciplin-
changing nature and distribution of the
ary actions, and work performance ratings.
problem across the country.
Relevant criminal justice information about
Studying temporal variation is important suspects would include prior criminal record,
because it allows us to determine whether history of violence, and gang involvement.
use-of-force problems are getting better or
Situational factors deal with the social and
worse. This information permits forecasts
physical context in which use-of-force events
about the future, which may be important in
take place. Some important factors to be in-
galvanizing the perceived need for action. It
vestigated are characteristics of the physical
also may provide a general sense of how well
setting, circumstances regarding the initia-
efforts to curb use-of-force problems are
tion of police-civilian encounters, possible
doing.
drug and alcohol use by the suspect, presence
An ability to investigate geographic and of weapons, number and types of primary
temporal variation requires the collection actors involved in the situation, number and
of standardized data across places and over types of secondary actors (e.g., bystanders or
time. The IACP project (see chapter 3) is a witnesses), and immediate actions that pre-
move in this direction, although the volun- cipitate use of force, with a focus on criminal
tary nature of the reporting system limits activity, provocation, and threats, if any.
the utility of the data. A voluntary system—
Organizational factors concentrate on as-
even one incorporating anonymity—allows
pects of police departments. Although formal
the worst departments to avoid participa-
aspects of the organization are easier to
tion, leading to underestimation of the
document, informal aspects of the organiza-
problem. The need for a fully nationwide re-
tion are relevant as well. Some factors to
porting system on police use of force already
examine are:
has been discussed at length, and viable
recommendations on how to implement the ● Number of employees. Do larger depart-
system already have been made.7 Significant ments tend to have more use-of-force
improvement in understanding police use-of- problems?
force problems depends in large measure on
● Number and types of administrative units,
significant advancement toward this goal,
with a focus on departments that control
which has been slow to date.
misconduct and violence. Does an ethics
unit or an integrity unit make a differ-
Correlates and use of force
ence? Does civilian review matter?
There are correlates that span individual,
● Personnel allocation. Is the ratio of super-
situational, and organizational factors that
visors to line officers related to the fre-
may be related to the incidence of excessive
quency with which force is used?
force. At the individual level, personal char-
acteristics of police officers and civilians ● Expenditures. Do departments with higher
involved in use-of-force incidents, viewed pay scales have lower rates of use-of-force
separately and in combination, may be problems?
important. Age, race, gender, education, and
● Workforce characteristics. Do departments
economic status are typical correlates of
with a large proportion of minority
social behavior, and information on these
70
Chapter 6: A Research Agenda on Police Use of Force
71
Use of Force by Police
72
Chapter 6: A Research Agenda on Police Use of Force
situation requires that we seek out actions 3. McEwen, Tom, National Data Collection
that are likely to have a beneficial impact. on Police Use of Force; and Geller, William A.,
In some cases, such as community policing, and Hans Toch, “Improving Our Understand-
where a broad spectrum of change is in- ing and Control of Police Abuse of Force:
volved, what is required is sensitivity to use- Recommendations for Research and Action,”
of-force issues in evaluation studies. In other in And Justice for All: 277–337.
cases, such as with police ethics and integ-
4. Garner, Joel, John Buchanan, Tom Schade,
rity units, there may be a track record of im-
and John Hepburn, Understanding the Use
pact on the organization that is waiting to be
of Force By and Against the Police.
investigated. In addition, the effectiveness of
activities that specifically target use-of-force 5. Greenfeld, Lawrence A., Patrick A.
issues, such as officer training programs and Langan, and Steven K. Smith, Police Use of
information management systems, needs to Force: Collection of National Data, Washing-
be determined before we can genuinely advo- ton, DC: U.S. Department of Justice, Bureau
cate widespread adoption of these programs. of Justice Statistics and National Institute of
Justice, November 1997, NCJ 165040.
In other chapters of this report, recently
completed and ongoing research projects on 6. Bayley, David H., and James Garofalo,
police use of force are described. As a group, “The Management of Violence by Police Pa-
these research projects illustrate rigorous trol Officers,” Criminology, 27(1)(February
methodologies, sophisticated measurement 1989): 1–27; and Bayley, David H., and
strategies, cost-effective design features, and James Garofalo, “Patrol Officer Effectiveness
the utility of comparisons across several in Managing Conflict During Police-Citizen
police departments. These projects provide a Encounters,” in Report to the Governor, Vol.
good foundation for developing a research III, Albany: New York State Commission on
agenda on police use of force. Yet, substan- Criminal Justice and the Use of Force, 1987:
tially more research is needed. Useful, reli- B1–B88.
able, sound knowledge provides the best
7. McEwen, Tom, National Data Collection
venue for society’s attempts to deal with the
on Police Use of Force; and Geller, William A.,
pernicious consequences of use-of-force
and Hans Toch, “Improving Our Understand-
transgressions by police.
ing and Control of Police Abuse of Force:
Recommendations for Research and Action.”
Notes
8. Kaminski, Robert J., Steven M. Edwards,
1. McEwen, Tom, National Data Collection and James W. Johnson, “Assessing the
on Police Use of Force, Washington, DC: U.S. Incapacitative Effects of Pepper Spray
Department of Justice, Bureau of Justice During Resistive Encounters With Police,”
Statistics and National Institute of Justice, Policing: An International Journal of Police
April 1996, NCJ 160113; and Adams, Ken- Strategies and Management, 22(1)(1999):
neth, “Measuring the Prevalence of Police 7–29; and Kaminski, Robert J., Steven M.
Abuse of Force,” in And Justice for All: Un- Edwards, and James W. Johnson, “The Deter-
derstanding and Controlling Police Abuse of rent Effects of Oleoresin Capsicum on
Force, ed. William A. Geller and Hans Toch, Assaults Against Police: Testing the Velcro-
Washington, DC: Police Executive Research Effect Hypothesis,” Police Quarterly,
Forum, 1995: 61–97. 1(2)(1998): 1–20.
2. Garner, Joel, John Buchanan, Tom Schade, 9. Independent Commission on the Los
and John Hepburn, Understanding the Use Angeles Police Department, Report of the
of Force By and Against the Police, Research Independent Commission on the Los Angeles
in Brief, Washington, DC: National Institute Police Department, Los Angeles: Independent
of Justice, November 1996, NCJ 158614. Commission on the Los Angeles Police De-
partment, 1991.
73
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research projects, which may result in
National Institute of Justice. Oleoresin
future publications:
Capsicum: Pepper Spray as a Force Alterna-
tive. Technology Assessment Program. Wash- ● Measuring use of force relative to suspect
ington, DC: U.S. Department of Justice, resistance in two police agencies.
National Institute of Justice, March 1994.
● Identifying the frequency, rate, and type
———. Preliminary Investigation of Oleo- of force used in a county police depart-
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● Determining, through a national survey
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of police agencies, how they organize their
———. Positional Asphyxia—Sudden Death. critical-incident response capabilities and
National Law Enforcement Technology Cen- what types of actions, including use of
ter Bulletin. Washington, DC: U.S. Depart- force, that officers and civilians take dur-
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● Surveying a national sample of law en-
———. High Speed Pursuit: New Technolo- forcement agencies to determine the
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———. Pursuit Management Task Force. ● Examining the use of force by police when
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Justice, August 1998. FS 000225.
● Examining serious assaults on police in
Pate, Antony M., and Lorie A. Fridell, with two jurisdictions to identify neighborhood
Edwin E. Hamilton. Police Use of Force: Offi- risk factors and areas of significant spa-
cial Reports, Citizen Complaints, and Legal tial clustering.
76
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