NCJ Number
180705
Journal
Law and Order Volume: 47 Issue: 12 Dated: December 1999 Pages: 42-46
Date Published
December 1999
Length
4 pages
Annotation
This article provides guidelines for the development of a police agency policy for the use of force.
Abstract
Beyond relying on the language of the U.S. Constitution, legislatures, and various court decisions as the basis of force policies, there are three key concepts involved in transforming any force policy into a defensible document for the control of actions in the field. The first is to avoid the use of a "force continuum" in the policy. The second is to provide reasonable and ultimately usable deadly-force directives. The third is to avoid the words "shall" or "must" in any force policy. The use of any type of a "force continuum" in a policy carries with it a high potential for increased civil liability at trial. It gives plaintiffs in almost every use-of-force case leverage to question officers about "violating" departmental policy. Regarding the development of useable deadly force policy, police agencies should maintain recognized standards for the use of force by employing the language of courts; agencies should avoid needlessly complicating their policies with phrases that mean something other than what is intended. Additionally, the best force policies do not use the words "shall" or "must." In the real world of police work, situations are too fluid and too dynamic to limit officers in such a manner.