NCJ Number
70
Date Published
1969
Length
207 pages
Annotation
THE PURPOSE IS TO PROVIDE LAW ENFORCEMENT PERSONNEL WITH THE INFORMATION NEEDED TO MAKE SOUND DECISIONS IN THE USE OF CHEMICAL AGENTS TO ACHIEVE POLICE OBJECTIVES.
Abstract
AT THE EXECUTIVE LEVEL SUCH DECISIONS INVOLVE THE FORMULATION OF POLICY AND PROCEDURE THAT PROVIDE THE BASIS FOR ALL DEPARTMENTAL CHEMICAL OPERATIONS. IT IS OFTEN SAID THAT POLICY DECIDES WHAT IS TO BE DONE AND PROCEDURE DIRECTS HOW IT IS TO BE ACCOMPLISHED. THERE IS NO AREA OF POLICE ACTIVITY IN WHICH POLICY AND PROCEDURE ARE MORE IMPORTANT THAN IN THOSE SITUATIONS INVOLVING THE USE OF FORCE. SINCE CHEMICAL MUNITIONS, LIKE FIREARMS, ARE ESSENTIALLY DEVICES FOR THE APPLICATION OF FORCE, THE DEVELOPMENT OF GUIDELINES FOR THEIR EMPLOYMENT IS A COMMAND RESPONSIBILITY AND AN OPERATIONAL NECESSITY. FOR THE POLICE ADMINISTRATOR, THE ISSUE IS NEVER WHETHER HIS ORGANIZATION WILL HAVE A POLICY IN RELATION TO THE USE OF CHEMICAL AGENTS, BUT ONLY WHO WILL ESTABLISH SUCH POLICY. IN THE ABSENCE OF DIRECTION FROM ABOVE, EACH OFFICER WILL ESTABLISH HIS OWN POLICY AND HIS DECISION MAY OR MAY NOT REFLECT THE DESIRE OF THE CHIEF EXECUTIVE, WHO IS ULTIMATELY HELD RESPONSIBLE FOR THE CONSEQUENCES OF ACTION IF TAKEN BY OPERATIONAL PERSONNEL. THERE IS ALSO CLEAR OBLIGATION ON THE PART OF THE POLICE LEADERSHIP TO PROVIDE GUIDANCE FOR OFFICERS EXPECTED TO FUNCTION UNDER DIFFICULT FIELD CONDITIONS. IT IS BOTH UNWISE AND UNFAIR TO PERMIT OPERATIONAL PERSONNEL TO CARRY OUT THEIR RESPONSIBILITIES IN WHAT AMOUNTS TO POLICY VACUUM. (AUTHOR ABSTRACT)