Endnotes

¹ For a more in-depth discussion of the characteristics and traits of subjects in child pornography investigations, refer to Kenneth V. Lanning, National Center for the Analysis of Violent Crime, Sexual Victimization of Children (FBI Academy, 2000).

² Philip Jenkins, Beyond Tolerance: Child Pornography on the Internet (New York, NY: New York University Press, 2001); Carlos A. Arnaldo, Child Abuse and the Internet: Ending the Silence (New York, NY: United Nations Educational, Scientific and Cultural Foundation and Berghahn Books, 2001); and Heather Jacobson and Rebecca Green, “Computer Crimes,” American Criminal Law Review 39 (Spring 2002): 225.

³ The authors based this article on their experiences investigating child pornography cases. They recommend that investigators tailor this strategy as needed to particular cases and use it in conjunction with other interrogation methods.

⁴ For illustrative purposes and to maintain clarity, the authors employ masculine pronouns for subjects.

⁵ D. Finkelhor and R. Ormrod, Child Abuse Reported to the Police, May 2001, retrieved on July 13, 2004, from http:// ojjdp.ncjrs.org/publications.

⁶ R.A. Leo, “Inside the Interrogation Room,” Journal of Criminal Law and Criminology 86, no. 2 (1996): 266-304.

The Web Site

Because many bank robbers are serial offenders, catching them after the first or second robbery serves as a primary goal of law enforcement agencies, as this prevents future occurrences. Many of these individuals become photographed, so officers who disseminate the pictures widely enough often learn the identities of subjects and capture them.

Before computer use became common, investigators mailed photographs to counterparts in other jurisdictions or traveled to show the pictures in person. Facsimile machines allowed officers to distribute images widely, but the quality of the pictures suffered.

Upon the arrival of the Internet, investigators began scanning photographs and e-mailing them to other officers. As more banks updated their surveillance cameras by installing digital systems, this process became easier and more effective. Unfortunately, only people on the e-mail lists received these pictures.

The working group recognized the need for a Web-based solution that served the entire state. Four officers from the Wellesley and Westwood Police Departments designed MassMostWanted, an easy-to-use Web site with an easy-to-remember name, for law enforcement and the general public. While bank robberies generally make up a large portion of the cases posted on MassMostWanted, the site also features crimes, such as fraud, assault, and other types of thefts.

Each page of MassMostWanted features 15 thumbnail photographs of criminals caught in the act by surveillance cameras. By clicking on each image, the user can view the “case page,” which includes a larger version of the picture, any available additional images, a description of the offense (including date, time, and location), and the name and telephone number of the investigator. A “tool box” on the screen allows the viewer to e-mail a tip to the officer or send the page to a friend. Investigators update the case status when they obtain a subject’s identity; out of concern that criminals can check the site, authorities normally do not add this information until they have the individual in custody. In one instance, officers did not even have to identify a subject; after seeing his picture on MassMostWanted, the individual became frightened and turned himself in, even bringing the money with him.

Recent upgrades include new search and data collection capabilities. Users now can navigate MassMostWanted’s numerous cases according to desired criteria. For instance, an officer investigating a bank robbery can browse by gender, complexion, and type of crime. Further, civilians can search the site for occurrences in their own cities.

Users also can subscribe to a newsletter— an e-mail containing cases added since the previous edition; this feature allows recipients to stay abreast of investigations posted on the site without even logging on. However, because MassMostWanted requires little time to browse, many people prefer to check the site for updates. Often, law enforcement officers and bank security officials set it as their home page.

Law enforcement personnel investigating bank robberies rely on MassMostWanted as a standard investigative tool. In addition to using it to help identify subjects, officers have found that they can link robberies throughout the region. Also, authorities have received important tips from the public—even within a few days of a crime—because photos of robbers become posted on the site daily. On one occasion, a rail commuter recognized an individual from the Web site and alerted the nearest officer, who arrested the subject on the spot.

he Tip Program

In 2002, as the working group prepared for MassMostWanted to go online, the MBA reactivated a program that—before going dormant for several years—provided funds for cash rewards to citizens who helped identify a bank robber and for payments to confidential informants who worked with authorities on bank robbery cases. Funded by member banks and administered by the MBA and the Worcester County Fraudulent Check Association, the MassMost-Wanted Tip Program is advertised on every case page of the Web site pertaining to a bank robbery. When police departments submit documentation attesting that a citizen has provided information leading to the arrest of a subject, the program provides the funds to the agency.

The Network

The success of MassMostWanted has drawn interest from authorities outside Massachusetts. Shortly after it went online, police departments from bordering states began sending investigations for inclusion on the Web site. For a time, MassMostWanted staff posted some of those cases. However, concern arose that because the site’s primary focus on Massachusetts gave users an expectation that they may recognize a subject, posting investigations from other states could diminish that anticipation and, thus, discourage use of MassMostWanted.

The officers who administer the Web site determined that they could replicate it elsewhere at less expense as the design work already was done. Therefore, MassMostWanted staff approached representatives in other states. Soon, Maine-MostWanted was up and running. Additionally, New Hampshire now has its site online and Rhode Island shortly will follow. These sites are linked together, with access provided by a “drop-down box.” And, they look and function alike—which makes them equally user-friendly.

Conclusion

Together, the banking and law enforcement communities of Massachusetts continue to fight bank robberies in the state. One of the successes of this partnership is the Web site www.Mass-MostWanted.org, an important tool that officers have come to rely on and that other states have begun to replicate. This central, easy-to-use source of information pertaining to these crimes serves investigators and citizens alike and continues to prove its value in the fight against bank robberies.

Deputy Chief Brooks serves with the Wellesley, Massachusetts, Police Department.

Video Reviews

Three types of offenders exist: 1) the dabbler (curious individuals with access to child pornography or to a dealer); 2) the preferential offender (the person with deviant sexual interests involving juveniles); and 3) the miscellaneous offender (pranksters or misguided individuals who possess these materials as a result of their own investigations).⁵Determining which category a subject falls under involves examining the files found in the offender’s possession, the individual’s equipment and ISP, the subject’s online behavior, and the person’s other activities. Looking at these areas—both individually and in conjunction with one another—helps to assess offenders’ levels of deviance, diffuse any possible justifications for their actions (e.g., they downloaded them by accident, a hacker was responsible, it was just for fantasy, or they did not know it was child pornography), and, possibly, influence sentencing.

Files

Investigators should examine the files found in the offender’s possession to gain insight into the subject’s level of interest and deviancy and foreclose several defenses. Areas of consideration should include file quantity, themes, types, organization, locations, and uses.

Obviously, the quantity of files according to theme will reveal an individual’s level of interest and deviancy in particular areas. Officers should compare the number of pornographic images containing children with the overall size of the subject’s collection. And, authorities should see if the individual possesses violent materials (e.g., rape and torture themes); this provides further insight into what type of offender investigators are dealing with. In this regard, officers may find file names (e.g., child7rape) enlightening. Authorities also should consider the similarities (e.g., pertaining to a particular age group or fetish) among the images.

The types of files also prove important. Specifically, do they include still pictures (e.g., files with extensions of .jpg; .bmp; or .gif) or moving images (e.g., names ending in .avi or .mpg)? A collection of movies may indicate a deeper level of involvement as downloading these files requires more time and storage space.

A system of well-organized files also proves significant because it indicates active offender participation. For example, did the subject leave them in temporary Internet folders or intentionally save them in specific locations according to areas of interest?

Finally, how did the offender use the images (e.g., as masturbation material)? How many files were sent to or received from others? Were they sent to juveniles? Did the subject use them to outdo others who collect child porn (i.e., to have a larger or better collection)? To barter for other types of materials (e.g., adult, incest, or fetish)? Did the individual sell child pornography? This information provides insight into the offender’s involvement with the community of deviancy and may serve as a source of investigative leads (perhaps, to other offenders).

Equipment and ISP

An examination of offenders’ equipment also provides insight into their activities. Top-of-the-line hardware (e.g., computers, scanners, and digital cameras) may reflect an interest in producing or viewing high-quality pornographic images. Large hard drives could reveal an individual’s desire to store a library of image files, as they take a lot of space. State-of-the-art equipment not only provides faster access to images for viewing but the ability to produce and distribute child pornography as well.

An ISP also can reveal the offender’s ability to download images. For instance, cable connections will offer faster Internet speeds and better capabilities to subjects than dial-up services. Certainly, an individual who spends a lot of time downloading files with a slow service has demonstrated willingness and commitment in obtaining them.

Common Defenses

• I downloaded them by accident.

• I did not know it was child pornography.

• It was just fantasy. I never intended to have sex with a minor.

• I just had dirty pictures. I did not hurt anyone.

• A hacker put these files on my computer.

• I have them so I will not abuse children.

Online Behavior

Investigators also must examine an offender’s online activities. For instance, how many screen names does the subject use? Do any of them suggest some deviant interest? Does the individual have a screen profile? If so, what interests does it mention? Does it include the offender’s photo? Is the profile accurate? Or, did the person provide false information (e.g., pertaining to age or gender) to entice the child?

Investigators also must consider how long the offender has had access to the Internet and, in that period, how much time the individual has spent online, particularly during hours when juveniles would be logged on (e.g., after school). Also, how many people communicated with the offender? How many names were regular contacts (e.g., in a chat buddy list or in the e-mail address book), and did these include other adults or juveniles? If grown-ups, were they other individuals interested in child porn? How many messages, with and without attachments, did the subject send and receive? What were the offender’s favorite Web sites, and did the individual pay for access to online porn? Did the subject use file-sharing programs to obtain and trade images?

What was discussed in messages and chats involving the offender? If involved with any meetings with juveniles or undercover officers, did the subject bring any suspicious items (e.g., digital cameras, condoms, sex toys, weapons, or drugs)? One chilling example involved an offender arrested in an undercover sting operation in which he brought a shovel, an axe, gasoline, and garbage bags to his meeting with an investigator posing as a minor.

Other Activities

Officers also should examine the offender’s real world activities. For instance, does the subject’s current or prior employment involve juveniles? Has the person volunteered in activities involving children (e.g., coaching little league)? Does the individual reside near places where juveniles frequent or do children live in the home? Offenders who organize their lives around young people indicate that they may be drawn to minors and that additional victims may exist.

Also, does this person have an extensive record of foreign travel (perhaps, to a country that does not aggressively enforce laws prohibiting sex acts with minors)? And, does the individual’s prior record include sex crimes? In this regard, probation and parole agencies increasingly use monitoring software and hardware that records released offenders’ activities and, where appropriate, provides investigators with additional evidence as to a subject’s online behavior.

CONCLUSION

The cybersex offender poses a unique and troubling risk to juveniles. The law enforcement community must learn to fully understand and investigate these individuals and their crimes. Knowledge of such predators’ habits can serve as a crucial factor in diffusing possible defenses. Once investigators peel back these layers of deception and rationalization, they will reveal these subjects for who they really are and take a fundamental step in the successful prosecution of these cases and the protection of children— both online and in the real world.

Endnotes

1 University of New Hampshire, Crimes Against Children Research Center, Online Victimization: A Report on the Nation’s Youth (Durham, NH, 2000).

2 Through morphing, an individual can combine one picture with another to create a new image.

3 G. G. Abel, J. V. Becker, M. S.Mittelman, J. Cunningham-Rathner, J. L. Rouleau, and W. D. Murphy,“Self-Reported Sex Crimes of Nonincarcerated Paraphiliacs,” Journal of Interpersonal Violence 2, no. 6 (1987): 3-25.

4 Andres E. Hernandez, Self-Reported Contact Sexual Crimes of Federal Inmates Convicted of Child Pornography Offenses, presentation given at the 19th Annual Research and Treatment Conference of the Association for the Treatment of Sexual Abusers, San Diego, CA, November 2000.

5 U.S. Department of Justice, Office ofJuvenile Justice and Delinquency Prevention, Use of Computers in the Sexual Exploitation of Children (Washington, DC, 2000).

By Debbie Kuidis

Commander Debbie Kuidis, a retired deputy chief of the Albuquerque, New Mexico, Police Department who currently serves with the University of New Mexico Police Department, delivered this speech at the Albuquerque Police Department recruit graduation exercises on June 18, 2004.

Good afternoon, graduates of the 89th cadet class, families, and friends. Thank you for asking me to be a part of your celebration. I will keep my comments brief because I know you all have waited 23 long, hard weeks to get your badges and to be called officers instead of cadets. I remember this day like it was yesterday, and I know your heart is beating just as hard as mine right now, but for different reasons. This is your day, but it is the honor of a lifetime for me to share it with you. I wanted to be a police officer ever since I was a child, and, as you can see, no matter how hard you try, when you retire, it never leaves your blood. It is a very personal mission—one that requires a deep commitment from the heart.

Before I direct my remarks solely to the 33 members of this class, I want to say something to the family and friends of these cadets because they also share your accomplishments today. They have encouraged you through these difficult months of training, and they will continue to stand by you and, in many ways, live the job as you live it. Family and friends, I know that your emotions are running wild right now, going from extreme pride to concern, but, let me assure all of you, this staff did everything possible to make sure that these new officers come home safe every night. For the families, there was no training for the nights of worry or the missed holidays. Today, you also become a part of the police family and all we ask is that you continue to give your love and support.

I also would like to relate a significant distinction that this class shares with no other in the history of the Albuquerque Police Department (APD). The 89th cadet class has the highest percentage of women in its graduating class. Thirteen members (40 percent) of those graduating today are women, bringing the number of women in the department to 136, a 14 percent average, which is slightly above the national average of 13 percent. This class began on January 12 with 13 women and ended with 13 women. Just to give you something to strive for, there are 200 female police chiefs in the United States, one happens to be my current chief. She has been a police officer for 30 years, making her one of the pioneers who smoothed the waters for us as we continue to make our mark on this profession. But, this is not going to be a speech on gender because, as everyone knows, we wear the same uniform, complete the same training, and meet the same standards as the men in this class.

Another distinction is that this class began with 36 people and only lost 3. Losing only 3 cadets is unheard of, and I believe it speaks directly to the character of the men and women in this class.

Members of the 89th cadet class, today you begin a new career and a new life as an Albuquerque police officer. You have proven yourselves physically, emotionally, and psychologically prepared for one of the most demanding professions. You have the look of people who have chosen a calling and have faith that you can make a difference in people’s lives. Don’t ever lose that faith or desire. I want you to have that same look at your retirement party 20 years from now. Few people get the honor and privilege of serving their community as a police officer. To be successful, there must be a sincere partnership between law enforcement and the community. This alliance requires that you mutually care about, trust, and respect each other. You will witness the worst that a person can do to another. This will dishearten you, but remember the majority of the people we serve are honest, decent citizens. Do not let the few who are not influence your opinion of the community that is depending on you to protect it. You also will see the good in people, from acts of kindness to acts of courage. People will look up to you as their hero because what sets us apart is that we are expected to risk our lives, not only for each other but for a total stranger. Law enforcement is one of the more self-sacrificing occupations in society. Thousands of officers have given their lives for this profession—never blemish their reputations.

Not only is our fight against crime anymore; we have an additional focus that we never had before—the fight against terrorism. The events of September 11th have called upon us to make the world safe and free. You are guardians of freedom and our cherished freedom does not come without a price. You are what stands between good and evil, right and wrong. One month after the September 11th attacks, I went to New York to conduct grief counseling for the police officers and firefighters of that city. I watched as they recovered bodies from the site. I watched as they cleaned up 1.6 million tons of debris that once was a livingsymbol of our dedication to world peace. I listened to story after story of loss. I went to police officer and firefighter funerals. It was painful for me to witness the horrific loss of life and destruction of property. I never will forget what happened that day, and it is a daily reminder of what my purpose is in life. And, don’t ever think that it can’t happen here. You always must be ready for what may come.

Albuquerque citizens have granted us a tremendous level of trust and responsibility, and they have a right to expect high standards from us. That trust has taken a lifetime to achieve, but it can take only seconds to destroy. Unfortunately, the public retains memories of bad incidents concerning police far longer than it remembers favorable ones. You were carefully chosen because APD believed you already had good values instilled in you since childhood. What you once knew to be right and wrong is still right and wrong. We all are expecting

you to do the right thing even when nobody is looking or, in these days, videotaping you. Trust me, it takes less time to do the right thing than to explain why you did it wrong. So, when you get out there on the street and you experience the expectations, the challenges, the discouragements, and the temptations and you forget what your academy instructors told you to do in a certain situation, just think back to the morals your family taught you and everything will work out on its own. The police academy can teach you a lot, but they can’t teach you integrity, good judgment, or how to be compassionate. Either you have it or you don’t and APD is betting its reputation that you have it.

Someone once said, “If you have integrity, nothing else matters. If you don’t have integrity, nothing else matters.”

You always are expected to treat every single person with whom you come in contact, and I mean from the mayor to the homeless, with the utmost respect and dignity. We are reminded of this by the sentiment on former president Ronald Reagan’s crypt, which reads, “...there is purpose and worth to each and every life.” Now, I am not saying that all people you come into contact with will return the favor. There is a term known as “contempt of cop,” and you will know it the minute it happens to you. Someone is going to do something to disrespect you. We all have had it happen to us; but, I am telling you right now, let it go. Because if you don’t, you are going to do something you will regret. It’s not worth it. Master your anger. Rise above it. Besides, it’s not you personally they are disrespecting, it is what you represent.

This department also demands that you will never abuse your power or use excessive force. Abraham Lincoln said, “...if you want to test a man’s character, give him power.” Your biggest and greatest weapon is not your gun—it’s your discretion. This profession calls for free thinking, open-mindedness, and innovation in responding to community needs. A U.S. Supreme Court justice said that an officer makes more decisions daily affecting the lives of people than a judge will in a week. Twenty years from now when you retire, it is not going to matter how many tickets you gave or arrests you made; what is going to matter was whether or not you compromised your integrity and how you did your job. Some of you will rise through the ranks and become supervisors, even chiefs, someday. Start being leaders and role models today. And, when you do get those stripes, bars, or stars, remember what my chief told me recently, “People should know what rank you are by the way you act, without even looking at your collar brass.”

In a few moments, you will raise your hand and repeat words contained in your oath of office. I have been where you are, and you are just so excited to be here that you don’t realize the impact of those words. Those words will change your life. You are promising that the words in the police officer code of ethics will govern not only how you will conduct yourself on duty but how you live your life off duty as well. Some officers think that once they take that uniform off, they can do whatever they want. That’s absolutely not true. I know that you had classes on the code of ethics, but I am going to read you parts of the code of ethics again. That’s how important it is to you from this day forward and it never hurts for all of us to hear them again. Don’t just listen to the words, remember them, feel them, live them. This is your promise to the community.

My fundamental duty is to protect the weak against oppression and serve all people of this community without regard to their status, sex, race, religion, political beliefs, or sexual preference. I will not engage in any act of corruption or bribery, and I will maintain a level of integrity in both my private and my professional life, which will be above reproach. I recognize the badge of my office as a symbol of public faith, dedicating myself before God to my chosen profession—law enforcement.

I get the chills every time I read that. You see, this is not a job, and it’s not even a career. It is a lifestyle. Leave this community a better place for what you have done and who you have been.

Crime

The Bureau of Justice Statistics (BJS) presents Crime and the Nation’s Households, 2003, which features national estimates for the percentage of households with one or more persons victimized by crime as measured by the National Crime Victimization Survey. Information is provided on homes experiencing violent and property crimes, vandalism, and intimate partner violence. Findings are presented by race; region; type of location (urban, suburban, or rural); and household size. Overall trends since 1994 are included and comparisons with 2002 are made. Highlights include the following: between 2002 and 2003, the percentage of homes experiencing crimes (about 15 percent) did not change significantly; in 2003, about 3 in 1,000 households included a member victimized by an intimate partner, such as a current or former spouse, boyfriend, or girlfriend; and in 2003, about 1 in every 26 homes was either burglarized or had a member aged 12 or older who experienced a violent crime committed by a stranger. This report is available electronically at http:// www.ojp.usdoj.gov/bjs/pub/pdf/ cnh03.pdf or by contacting the National Criminal Justice Reference Service at 800-851-3420.

Web-Based Resources

The Police Assessment Resource Center (PARC) supports the wide spectrum of people who perform police oversight—those inside law enforcement, such as police executives and administrators of internal affairs units and risk management bureaus, and those outside, such as government officials, court-appointed monitors, inspectors general, police commissioners, and review board members. PARC provides resources, advice, and assistance to those who have responsibilities to their communities or constituents in dealing with the consequences of police misconduct. Its Web site, http://www.parc.info, includes an overview of the center, descriptions of its current projects, publications and reports, a staff list, upcoming events, and related links.

Corrections

Profile of Nonviolent Offenders Exiting State Prisons provides a description of the general characteristics of prison populations serving time for nonviolent crimes (property, drug, and public order offenses not involving a threat of harm or an actual attack upon a victim) as they exit state facilities. To conduct this analysis, the Bureau of Justice Statistics used information collected under the National Recidivism Reporting Program, which last collected data on those discharged from prisons in 15 states in 1994, and the Survey of Inmates in State Correctional Facilities, last conducted in 1997. The report examines the responses of inmates who indicated to interviewers that they expected release within 6 months. This publication is available online at http://www.ojp.usdoj.gov/bjs/pub/pdf/pnoesp.pdf or by contacting the National Criminal Justice Reference Service at 800- 851-3420.

Police Wellness

Tired Cops: The Prevalence and Poten-pnoesp.pdf or by contacting the National tial Consequences of Police Fatigue reports Criminal Justice Reference Service at 800on a study that examined the prevalence and 851-3420. effects of officer fatigue, exhaustion, and extreme drowsiness and their impact on performance, health, and safety to identify effective strategies for measuring fatigue among law enforcement personnel and to better understand its widespread effects on officers in the field. This report is available online at http:// www.ncjrs.org/pdffiles1/jr000248d.pdf.

Bulletin Reports is an edited collection of criminal justice studies, reports, and project findings. Send your material for consideration to: FBI Law Enforcement Bulletin, Room 201, Madison Building, FBI Academy, Quantico, VA 22135. (NOTE: The material in this section is intended to be strictly an information source and should not be considered an endorsement by the FBI for any product or service.)

Use of Force, Civil Litigation, and the Taser
One Agency’s Experience

Use of force has tremendous implications for law enforcement officers and their agencies. Some of the unintended consequences may include civil disturbances, riots, property damage, political jeopardy, and civil liability for all interested parties.¹ Thus, use of force frequently may impact the development of public policy and how it is administered in practice. Current public policy requires officers in the field to use the minimum amount of force necessary to effect an arrest or quell a disturbance. However, even when such uses of force are ruled justifiable, they still, nonetheless, are subject to litigation, which appears to be on the rise.

A common theme in the extant literature concerning lawsuits against the police is that citizens are filing such legal actions more than ever before. Due to a number of court decisions, the litigious contemporary society, and a trend of holding public officials more accountable for their actions, lawsuits against the police have continued to rise since 1961.² According to the National Center for State Courts, between 1984 and 2000, the number of lawsuits filed nationally increased 40 percent in some courts and 21 percent in others.³ It ranked Florida fourth nationally behind only California, Texas, and New York in total number of civil filings for 2000. And, between 1975 and 2000, the center reported that the number of torts filed in Florida Circuit Courts doubled. Other research has contended that police administrators and local government units are plagued by the likelihood of lawsuits and should expect this trend to continue.⁴

Contributing factors include legal and social changes over the past 20 years that have made lawsuits against the police more commonplace.⁵ The growth of civil litigation against the police is attributed to two North American trends: 1) higher standards of accountability for public institutions and 2) an increasing willingness on the part of the public to file lawsuits. Society as a whole expects law enforcement to be more accountable, and legal changes have broadened the definition of police negligence. Law enforcement’s response has varied, from adding new or rewriting existing policies to hiring full-time lawyers on staff. These responses, however, have failed to reduce the number of lawsuits filed against the police.

The city of Miami, Florida, has paid more than $19 million in civil liability claims to constituents since 1990 to resolve more than 110 federal and state lawsuits for actions by its officers.⁶ This figure, however, represents a conservative estimate as another 70 currently are pending. Less quantifiable costs of lawsuits include salaries for legal staff; legal fees paid to outside lawyers; and other costs, such as court reporters and copying charges. Lawsuits fall into five general categories: false arrest, excessive force, shootings, wrongful death, and federal civil rights violations.⁷ The city has responded by changing procedures to improve documentation of events and increasing training for its officers.

Some agree that lawsuits and associated verdicts against officers across the country are growing.⁸ For many decades, juries were predisposed to believe the police. High-profile incidents that cast the law enforcement profession in a negative light, however, have increased the public’s skepticism. Those events, as well as the increased use of handheld video cameras by citizens, have contributed to jurors holding law enforcement officers increasingly accountable for personal injuries, deaths, and civil rights violations. The trend of disbelieving the police also appears to have led to swifter and larger pretrial settlements.

One study traced the evolution of lawsuits against the police and attributed their rise to several court decisions stemming from the 1960s, 1970s, and 1980s that effectively peeled away the layers of protection afforded individual officers, their supervisors, law enforcement agencies, and municipalities. This, in turn, opened the door for a dramatic increase in the number of lawsuits filed against the police and in the resultant monetary awards, with the amount of damages reaching as high as ⁹ $42 million. One example lies in the U.S. Supreme Court decision of 1971 regarding Webster Bivens, wherein a search of his apartment was considered unconstitutional, thus allowing the officers to be held personally accountable for ¹⁰ a constitutional tort. As for monetary settlements, “the average award for the wrongful death of an adult male reached an all-time high of $3.5 million ¹¹ in 2000.” With so much at stake, research in this area will continue to be not only a worthwhile endeavor but also a necessary tool for criminal justice agencies to make sound policy decisions.

The public’s perception of the law enforcement community historically has been negatively impacted by the profession’s use of force.¹² As the perceived level of force increases, public support significantly decreases. This reiterates the supreme importance of the development of policy because it frequently comes under public scrutiny, more often than not as a result of a use-of-force incident. While a substantial amount of literature on police use of deadly force exists, much less attention has been given to less lethal force. Use of force is the core role of policing and is the “distribution of nonnegotiated ¹³ coercive remedies.” This force can take several forms, including “a simple verbal command or a light touch on the arm to encourage someone to move along or comply with an order, the use of a baton or Mace to control an individual, the use of the carotid restraint, or the use of deadly force.”

One problematic aspect of law enforcement involves dealing with individuals or groups where more than a show of force is required, yet deadly force is not the appropriate method of resolution. ¹⁵ To fill this gap, many agencies have turned to the development and use of less lethal technology. According to the British Home Office, less lethal technology “is a term carefully defined to encompass weapons and equipment, which, although less likely than firearms to result in a serious or fatal injury, nevertheless carry some degree of risk.”¹⁶ The growing unacceptability of deaths and injuries caused by or inflicted on law enforcement officers require new ways of handling conflict situations. Innovations in technology in the realm of less lethal weapons have become a significant part of the response to this trend.¹⁷ One popular response has been the implementation of the Taser.

TASER AS AN ALTERNATIVE

The Taser (Thomas A. Swift’s Electric Rifle)

administers an electric charge that causes muscular dysfunction and temporarily incapacitates a suspect. An officer can fire two darts from the pistol-like weapon, causing 50,000 volts of electric current to pass administers an electric charge that causes muscular dysfunction and temporarily incapacitates a suspect. An officer can fire two darts from the pistollike weapon, causing 50,000 volts of electric current to pass into the subject’s body. ¹⁸ The darts can reach from 15 to 21 feet. Early studies indicated that this weapon’s effectiveness ranged from 50 to 85 percent. ¹⁹ However, significant improvements in design appear to have increased the weapon’s effectiveness significantly because it does not rely on the conventional pain compliance approach of police tactics. ²⁰ Currently, several models of the Taser with varying power levels exist in the law enforcement marketplace.

Breakdown of Weapons

Note: Weapon type does not add to total uses of force because more than one weapon may have been employed in the incidents.
Source: Orange County, Florida, Sheriff’s Office

Rise in the Use of Taser

Today, 5,400 law enforcement agencies employ this electro-muscular device as a less lethal weapon. ²¹ The state of Florida has followed this trend. In the Orlando area alone, the majority of the law enforcement agencies, including the University of Central Florida Police Department, employ this technology.

In the Orange County Sheriff’s Office (OCSO), the rise in the application of the Taser has been dramatic. Since its implementation in 2000, it has become the agency’s most frequently used less lethal weapon. For example, chemical agents, physical force, and impact weapons accounted for less than 13 percent of the weapons used in 2003, while Taser use rose to almost 78 percent. This is important to note because the other less lethal tools were available, yet officers chose the Taser. Although no current studies exist that explain this shift, it seems that officers may have perceived the Taser as more effective and less likely to cause injury. ²² An analysis by OCSO reported a reduction of 50 percent in officer injuries, as well as 23 incidents where officers did not have to use deadly force to bring a confrontational situation to a peaceful resolution.

OCSO policy allows Taser use at a level three (passive physical) resistance, such as when a subject refuses to comply with a verbal command. However, the agency noted only a small number of deployments at this level. This begs the question: Is the Taser an appropriate response to a level three threat? ²³

The majority (69 percent) of OCSO Taser deployments occurred in response to level four (active physical) resistance. This suggested that officers might not have believed that the Taser was an appropriate response to level three (passive physical) resistance, but, instead, most advisable in situations involving level four (active physical) resistance. Unexpectedly and of great importance, 18 Taser deployments by OCSO personnel in 2003 took place when suspect resistance merited the use of deadly force, authorized both by law and OCSO policy. It remained unclear whether these deployments were a result of conscious decision or by opportunity (i.e., already having a Taser drawn), but they certainly warrant further research. Clearly, even in deadly force situations, officers considered the Taser an effective weapon. This bodes well for law enforcement professionals who, along the same line as medical doctors, take an oath to protect lives, not take them.

Taser Deployments by Level of Resistance

Source: Orange County, Florida, Sheriff’s Office

Recent Research

In an attempt to examine student perceptions of local law enforcement and its effectiveness, the University of Central Florida Police Department conducted a study in the spring of 2004 as part of its annual assessment of services. The study included key questions examining student perceptions of the use of force, including less lethal weapons. ²⁴

The researchers obtained a total of 1,200 completed surveys from the student population of approximately 41,000. In addition to the basic assessment of service, a number of questions relating to the appropriateness of specific less lethal force responses to a hypothetical law enforcement encounter were offered. One example stated, “A suspect violently resists arrest and attempts to injure law enforcement officers. How appropriate are the following responses on the part of the police?” The students reviewed the options and selected a number on the scale of 1 (very appropriate) to 9 (very inappropriate) that best reflected their opinions or checked a box indicating their unfamiliarity with the particular weapon employed in the scenario.

Perceptions toward less lethal weapons varied considerably. Students tended to consider the use of Mace and the Taser as more acceptable when compared against other less lethal force options. Surprisingly, this seemed to support the placement of the Taser at a level three resistance category, which remained consistent with its application by the OCSO. The researchers could not determine why students viewed other force options in a negative light. It may result from cultural or psychological perceptions that the “hands-on” approach, either with baton or empty hand, may possibly inflict more serious injuries. This finding will require additional study.

CONCLUSION

In this time of communityoriented policing, the use of less lethal technology clearly is the most socially acceptable and humane means of maintaining peace and order. In the event that officers employ less lethal technology and an injury results, the least offensive type of injury would be one of minimal severity. The use of the Taser and its placement on the force continuum appears consistent with public perception and law enforcement application. Both seem to view this technology as a proverbial “magic bullet,” which has the ability to solve a wide range of law enforcement’s problems.

Along with the rise in the use of the Taser, however, comes criticism. Because a number of suspects have died in custody after a Taser deployment, agencies must acknowledge the limitations and inherent liability associated with the technology, despite its ability to reduce deadly force scenarios and confrontations to less lethal engagements and situations.

While this effective tool offers more flexibility to the officer in the field, it also carries the same potential hazards of chemical and impact weapons and, thus, the need for appropriate officer restraint.

While current studies have provided a degree of justification for a number of policy choices, substantial quantitative research must occur for proper policy analysis on this complex issue. This article constitutes a precursor to future less lethal research findings that the authors currently are examining. They hope that their endeavors will offer insight to the nuances of the force continuum and the resulting impact on law enforcement officers and their agencies.

Student Perceptions of Less Lethal Weapons

Note: Mean scores do not correspond to force continuum resistance levels. Response categories range from 1 (very appropriate) to 9 (very inappropriate). Source: University of Central Florida Police Department Student Assessment (2004)

Endnotes

1 Mark Blumberg, “Police Use of Deadly Force: Exploring Some Key Issues,” in Thomas Barker and David Carter, Police Deviance (Cincinnati, OH: Anderson Publishing, 1993).

2 J. Bell, “Lawsuits Against Police Rising,” The Hamilton Spectator (Ontario, Canada), April 18, 2001, sec. A, p. 8; D. Christensen, “Blood Money,” Miami Daily Business Review, November 15, 2001, sec. A, p. 1; M. Fisk, “Juries Turning Sour Toward Police,” Broward Daily Business Review, July 5, 2001, sec. A, p. 12; and C. McCoy, “Lawsuits Against the Police— What Impact Do They Really Have?” Criminal Law Bulletin 20, no. 1 (1983): 49-56.

3 B. Ostrom, N. Kauder, and R. LaFountain, Examining the Work of State Courts, 2001: A National Perspective from the Court Statistics Project (Williamsburg, VA: National Center for State Courts, 2001).

4 D. Ross, “Emerging Trends in Police Failure to Train Liability,” Policing: An International Journal of Police Strategies and Management 23, no. 2 (2000): 169- 193; A.R. Stafford, “Lawsuits Against the Police: Reasons for the Proliferation of Litigation in the Past Decade,” Journal of Police and Criminal Psychology 2, no. 1 (1986): 30-34; and R. Worrall, “Administrative Determinants of Civil Liability Lawsuits Against Municipal Police Departments: An Exploratory Analysis,” Crime and Delinquency 44, no. 2 (1998): 295-313.

5 Supra note 2 (Bell).

6 Supra note 2 (Christensen).

7 Supra notes 2 (Christensen) and 4 (Ross); and M.R. Smith, “Integrating Community Policing and the Use of Force: Public Education, Involvement, and Accountability, American Journal of Police 13, no. 4 (1994).

8 Supra note 2 (Fisk).

9 Supra note 2 (McCoy).

10 403 U.S. 388 (1971).

11 Cincinnati Enquirer, June 23, 2002; retrieved on August 5, 2004, from http:// www.enquirer.com/editions/2002/06/23/ loc_settlements_in.html.

12 Supra note 7 (Smith); A. Pate and L. Fridell, Police Foundation, Police Use of Force: Official Reports, Citizen Complaints, and Legal Consequences (Washington, DC, 1995); and P. Montgomery, “Anger Long Is Rising Among Miami Blacks,” New York Times, May 19, 1980, sec A., p. 1.

13 E. Bittner, National Institute of Mental Health, The Functions of the Police in Modern Society (Chevy Chase, MD, 1970), 36. ”

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The Bulletin Notes

While conducting a traffic stop, Officer Rex Bennett of the Beaverton, Oregon, Police Department watched a pickup truck cross a nearby intersection, leave the roadway, and stop with the engine racing and the tires spinning in the mud in the front yard of a residence. Officer Bennett immediately radioed that a crash occurred and ran to the truck, where he found a middle-aged man unconscious behind the wheel. After finding no pulse or evidence of breathing, he quickly pulled the driver out of the vehicle and onto the ground. Then, Officer Bennett and newly arrived Officer Michael Bewersdorf administered CPR until rescue personnel arrived, who worked to restore the victim’s heart rhythm after determining that he had gone into full cardiac arrest. The quick and professional actions of Officers Bennett and Bewersdorf helped the man make a full recovery.

Early one morning while on patrol, Officer Robert Shows of the Rittman, Ohio, Police Department observed a residence’s rear porch engulfed in flames. Officer Shows immediately called for backup and the fire department and then attempted to extinguish the blaze with a garden hose, but could not get close enough to the fire. Then, Officer Shows and newly arrived Officer Roger Pauley broke through the front door and yelled for occupants, waking a male resident who advised that his invalid mother-in-law was up-stairs with him and that his dog was in the basement. Officer Shows rushed upstairs, wrapped the elderly woman in a blanket, and carried her out of a second story window and onto the front porch roof because thick smoke prevented him from going back downstairs. He then helped her son-in-law onto the roof and waited with them for the fire department. Officer Pauley saved the family dog from the basement and, unable to get upstairs to assist Officer Shows, ran outside and helped the firemen locate and rescue Officer Shows and the two victims. The officers’ brave actions saved the lives of two people and their cherished pet..

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