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| Copyright © 2006 - 2009 - Barry M. Baker - CareerPoliceOfficer.com |
| Disclaimer |
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| Online Video Learning Systems: Police Exam - U.S. Border Patrol Exam |
The Elements of Style
Amazon.com - Composition
teachers throughout the
English-speaking world have
been pushing this book on
their students since it was
first published in 1957.
Co-author White later
revised it, and it remains
the most compact and lucid
handbook we have for
matters of basic principles
of composition, grammar,
word usage and misusage,
and writing style.
Amazon.com - Composition
teachers throughout the
English-speaking world have
been pushing this book on
their students since it was
first published in 1957.
Co-author White later
revised it, and it remains
the most compact and lucid
handbook we have for
matters of basic principles
of composition, grammar,
word usage and misusage,
and writing style.
Every use of force incident by a police officer
is unique. It's unique because every use of
force incident will have its own set of facts
that dictate why you use force and to what
level you apply or escalate force. This
circumstance is rarely, if ever, understood by
your critics and other self-styled experts. In
fairness to your perennial critics, police
officers frequently fail to clearly articulate,
in writing, their perceptions of circumstances
at the point when they apply force.
If you really want to give yourself a
headache, do as I do – go on the Internet and
read, read, read about excessive force.
Allegations of excessive force can go from
obvious to hazy to clearly unfounded. The
bottom line is this: every time you apply
force, you must be prepared and able to
explain exactly what led you to use force and
that your decision to use force was
"reasonable" under the prevailing
circumstance(s). Here's the tricky part:
Your description of the prevailing
circumstance(s) and reasonableness must be
able to withstand the scrutiny of hindsight.
Your police department's directive on use of
force reporting is going to have a lot to do
with how you report your uses of force. Any
police department you join will have one of
three types of policies governing use of force
reporting:
First Type: This police department will
consider just about any type of force, no
matter how minimal, as a use of force
incident requiring reporting. The directions
and other criteria will be voluminous and
confusing. The department's efforts to
address every question imaginable will
require ongoing changes and additions to the
reporting criteria.
is unique. It's unique because every use of
force incident will have its own set of facts
that dictate why you use force and to what
level you apply or escalate force. This
circumstance is rarely, if ever, understood by
your critics and other self-styled experts. In
fairness to your perennial critics, police
officers frequently fail to clearly articulate,
in writing, their perceptions of circumstances
at the point when they apply force.
If you really want to give yourself a
headache, do as I do – go on the Internet and
read, read, read about excessive force.
Allegations of excessive force can go from
obvious to hazy to clearly unfounded. The
bottom line is this: every time you apply
force, you must be prepared and able to
explain exactly what led you to use force and
that your decision to use force was
"reasonable" under the prevailing
circumstance(s). Here's the tricky part:
Your description of the prevailing
circumstance(s) and reasonableness must be
able to withstand the scrutiny of hindsight.
Your police department's directive on use of
force reporting is going to have a lot to do
with how you report your uses of force. Any
police department you join will have one of
three types of policies governing use of force
reporting:
First Type: This police department will
consider just about any type of force, no
matter how minimal, as a use of force
incident requiring reporting. The directions
and other criteria will be voluminous and
confusing. The department's efforts to
address every question imaginable will
require ongoing changes and additions to the
reporting criteria.
Over time, this police department will see a significant decrease in use of force
incidents, not because the reporting requirements are producing kinder and
gentler police officers, but, because its police officers will simply omit any
mention of use of force where they believe the use of force is insignificant.
In police work, a presumption of insignificance has a way of itself becoming
significant. When you fail to describe a use of force, another kind of
presumption will be made by others. That presumption will be that your failure
to describe your use of force shows that, by your own determination, your
initial perception of circumstances leading you to use force was itself
unjustifiable. Even worse, you may well be accused of using force gratuitously
without any regard for justification.
Second Type: In this police department, you may not have a lot of
direction on use of force reporting. What direction that does exist may be
adequate over a period of time; until, a use of force incident occurs that
exposes a real, alleged, or perceived deficiency(s) in the reporting
requirements. When this circumstance occurs, this police department's
reporting criteria will be in danger of becoming one of the first type.
Third Type: In this police department, the use of force reporting directions
and requirements have achieved a perfect balance. While anything is possible,
it's not likely that you'll join this police department.
The most important thing for you to always remember is that use of force is
going to be part of what you do. When you exercise use of force, it will always
be your responsibility to report, in writing, a detailed account of that force with
emphasis placed on why you employed force. If you're working in a department
where use of force reporting is required for everything you can imagine, just do
your best to comply with all of its requirements.
Sometimes, a police department is its own worst enemy. In its zeal to ensure
accountability, a police department will often adopt policies and procedures
which are based on numbers alone and counterproductive to reporting
integrity. For instance, your department may require you to undergo
counseling by your commander if you accumulate three (3) uses of force within
a one (1) year period. Then, upon your fourth use of force within that period,
you'll be required to meet with a departmental psychologist.
Prepare yourself. Sometimes things just get crazy. There's nothing wrong with
accountability, tracking and counseling; however, when anything is done by
numbers alone, true accountability will always be elusive. In the example I just
cited, there's more to uses of force than just numbers. For example – How
many total arrests have you made in the period in question? What types of
arrests are involved? How many and what type, if any, physical injuries
resulted from the uses of force including injury(s) to you?
Your Report Narrative
Whenever you use force there's going to be an arrest; unless, the suspect
eludes arrest. Never the less, there's going to be a police report. Don't ever
think for one instant that just because a suspect eludes arrest after you've use
force against that suspect that you need not make a written report of the
incident with a description of any use of force – just remember two U.S. Border
Patrol Agents who didn't and wish they had.
Regardless of any additional reporting requirements your department may have
regarding force, the most important description of your use of force will always
appear in the narrative of your police report and statement of probable cause.
When use of force is required after initial reporting has been completed, i.e.
transport, interrogation, etc., you simply write a follow-up report to the original
reporting.
One of the reasons some police departments resort to extraordinary measures
for use of force reporting is some officers' inability, inattention, or
unwillingness to adequately articulate reasons for, and descriptions of, use of
force. While inability can always be addressed, inattention and unwillingness
are not that easy to address and correct. When you become a police officer,
you're going to get a lot of advice, and some of that advice is going to be bad
when it comes to an inherent condition among police to skimp on detail. You
need to ask yourself this question. Do you want to describe your reason(s) for
using force, or do you want others to describe your reason(s) after the fact?
Reasonableness
When it comes to anything, what is reasonable to one may not be reasonable to
another. When I mentioned earlier about getting a headache from reading
about excessive force, it's the best way for you to get a head start on
understanding how courts view reasonableness as it relates to use of force.
Unlike previous generations of police officers, you have the Internet at your
fingertips and ever increasing amounts of timely information on use of force
issues.
Deadly Force
Hopefully, you'll never have occasion to use deadly force; however, should that
circumstance occur, you won't likely be required to submit any initial reporting
when serious injury or death results from your use of deadly force. While you
could be ordered to submit reporting under administrative rules unrelated to
your 5th amendment rights against self-incrimination, it's unlikely that you'll
be required to do so.
Any use of force is a big deal. Most people will never understand what it's like
to make split second decisions regarding use of force; however, most people will
always view themselves as experts when it comes to evaluating your split
second decisions in hindsight. Never forget that how you describe the reasons
for those decisions is just as important as the decisions themselves.
incidents, not because the reporting requirements are producing kinder and
gentler police officers, but, because its police officers will simply omit any
mention of use of force where they believe the use of force is insignificant.
In police work, a presumption of insignificance has a way of itself becoming
significant. When you fail to describe a use of force, another kind of
presumption will be made by others. That presumption will be that your failure
to describe your use of force shows that, by your own determination, your
initial perception of circumstances leading you to use force was itself
unjustifiable. Even worse, you may well be accused of using force gratuitously
without any regard for justification.
Second Type: In this police department, you may not have a lot of
direction on use of force reporting. What direction that does exist may be
adequate over a period of time; until, a use of force incident occurs that
exposes a real, alleged, or perceived deficiency(s) in the reporting
requirements. When this circumstance occurs, this police department's
reporting criteria will be in danger of becoming one of the first type.
Third Type: In this police department, the use of force reporting directions
and requirements have achieved a perfect balance. While anything is possible,
it's not likely that you'll join this police department.
The most important thing for you to always remember is that use of force is
going to be part of what you do. When you exercise use of force, it will always
be your responsibility to report, in writing, a detailed account of that force with
emphasis placed on why you employed force. If you're working in a department
where use of force reporting is required for everything you can imagine, just do
your best to comply with all of its requirements.
Sometimes, a police department is its own worst enemy. In its zeal to ensure
accountability, a police department will often adopt policies and procedures
which are based on numbers alone and counterproductive to reporting
integrity. For instance, your department may require you to undergo
counseling by your commander if you accumulate three (3) uses of force within
a one (1) year period. Then, upon your fourth use of force within that period,
you'll be required to meet with a departmental psychologist.
Prepare yourself. Sometimes things just get crazy. There's nothing wrong with
accountability, tracking and counseling; however, when anything is done by
numbers alone, true accountability will always be elusive. In the example I just
cited, there's more to uses of force than just numbers. For example – How
many total arrests have you made in the period in question? What types of
arrests are involved? How many and what type, if any, physical injuries
resulted from the uses of force including injury(s) to you?
Your Report Narrative
Whenever you use force there's going to be an arrest; unless, the suspect
eludes arrest. Never the less, there's going to be a police report. Don't ever
think for one instant that just because a suspect eludes arrest after you've use
force against that suspect that you need not make a written report of the
incident with a description of any use of force – just remember two U.S. Border
Patrol Agents who didn't and wish they had.
Regardless of any additional reporting requirements your department may have
regarding force, the most important description of your use of force will always
appear in the narrative of your police report and statement of probable cause.
When use of force is required after initial reporting has been completed, i.e.
transport, interrogation, etc., you simply write a follow-up report to the original
reporting.
One of the reasons some police departments resort to extraordinary measures
for use of force reporting is some officers' inability, inattention, or
unwillingness to adequately articulate reasons for, and descriptions of, use of
force. While inability can always be addressed, inattention and unwillingness
are not that easy to address and correct. When you become a police officer,
you're going to get a lot of advice, and some of that advice is going to be bad
when it comes to an inherent condition among police to skimp on detail. You
need to ask yourself this question. Do you want to describe your reason(s) for
using force, or do you want others to describe your reason(s) after the fact?
Reasonableness
When it comes to anything, what is reasonable to one may not be reasonable to
another. When I mentioned earlier about getting a headache from reading
about excessive force, it's the best way for you to get a head start on
understanding how courts view reasonableness as it relates to use of force.
Unlike previous generations of police officers, you have the Internet at your
fingertips and ever increasing amounts of timely information on use of force
issues.
Deadly Force
Hopefully, you'll never have occasion to use deadly force; however, should that
circumstance occur, you won't likely be required to submit any initial reporting
when serious injury or death results from your use of deadly force. While you
could be ordered to submit reporting under administrative rules unrelated to
your 5th amendment rights against self-incrimination, it's unlikely that you'll
be required to do so.
Any use of force is a big deal. Most people will never understand what it's like
to make split second decisions regarding use of force; however, most people will
always view themselves as experts when it comes to evaluating your split
second decisions in hindsight. Never forget that how you describe the reasons
for those decisions is just as important as the decisions themselves.