The purpose of this paper was to learn how to find primary and secondary research sources. From the sources that was found we then had to decide what to use and make an argument about the specific topic of our paper using support from the sources that we collected.
Texas Force Continuum Joseph Lawson University of Texas at El Paso
Abstract This paper will discuses police and the use of force in Texas. In this paper topics that will be covered are how officers in the state of Texas are trained to use force, what the use of force continuum is in Texas and how officers are held accountable for their actions while building a better relationship with the community. This paper will take examples and quotes from other well established and creditable sources and use it to help support claims. This paper also will use an in person interview with an officer within law enforcement to get a perspective directly from those who are facing these issues.
Introduction In todays world many people live in fear of crime. When a crime is committed people call the police. The police are a group of people who will come to others in a time of need. The police are a group of people that one can trust. In the recent years that has not always been the case. There have been some police officers that have used their powers in the wrong way. Some have used too much force when it comes to interacting with the civilians. While this has not been every police officer out there, this has caused some people to no longer trust the police. Those people sometimes decide to take matters into their own hands and do the jobs of the police. The state of Texas is no different. There have been cases of excessive use of force by police in Texas as well. While it may not happen as often as in other states it is still an issue. In this paper the use of force by police officers (also referred to as peace officers) will be discussed by reviews these questions:
What are the TCLEOSE and NIJ standards of use of force teaching for all peace officers in the academy?
What is the use of force continuum that officers use for the state of Texas?
How are Police Officers held accountable in the field in Texas?
These questions will give a brief background to how officers are trained, how they measure force, and the issue of accountability when they use force.
Methodology Primary research consisted of an in person interview with Deputy Lieutenant Juan Wittke of the El Paso County Sheriffs Office on March 8, 2015. Lt. Wittke is also a part time lecturer at the University of Texas at El Paso along with being a Sheriffs Officers. He has his Masters in Criminal Justice Administration and is currently working on a Public Administration degree. When Lt. Wittke was asked if the El Paso County Sheriffs Office trained every officer in the use of force continuum he states, “Every Sheriffs Officer is trained on the use of force according to the TCELOSE standers during their entry training at the academy.” Lt. Wittke also stated that the Officers were taught the one plus one theory and when it was necessary where to strike. He also stated that every officer knows what every level feels like. Officers are tased as well as pepper sprayed, that way before they use that option on a suspect they already know how it feels. Lt. Wittke was then asked what is the Sheriffs Office policy on use of deadly force. He stated, “The office has a very strict policy on drawing firearms, an officer will not draw his firearm unless they believe that it is absolutely necessary.” He also stated that when an officer does draw their weapon they do not fire any warning shots, when they shoot they shoot to take the threat away. Lt. Wittke was then asked if a citizen believes that an officer used too much force what could the citizen do? His response was, “The Sheriff takes every allegation of excessive force serious, he moved internal affairs to a separate location to help make the citizens feel more comfortable to go in and file a complaint.” He then stated that the Sheriff does not play around and will not tolerate any officer under his command abusing his or her power. The final question that Lt. Wittke was asked was is there any thing that law enforcement agencies could do to help build the bridges between them and the civilians, he stated that the best way to connect with a community was to hear directly form them. Hold town hall meetings hear what questions or concerns that the community have. “Bring out the good from both sides.” Secondary research was also conducted through websites.
What is the Texas Commission on Law Enforcement (TCLEOSE) and NIJ standards of use of force teaching for all peace officers in the academy? Every officer in the state of Texas is required to go through an academy in order to become commissioned as a Basic Peace Officer. They have the option of going through a campus-based academy where the instruction and idea behind it are like a school, or a stressed based academy that is ran like military training. No matter which academy the officer goes to they are required to pass the Texas Commission on Law Enforcement (TCLEOSE) exam. Before the exam is taken each officer is given hours of training, classroom based as well as hands on. Albert Rodriguez (2016) states, “Basic Peace Officer Training Curriculum outlines specific force options that law enforcement officers in Texas are required to be trained on for licensure.” What the officers are taught are very specific. Each officer is taught the same thing while in the academy. The officers are not only taught how to use force but they are also taught when they can use force. According to Rodriguez (2016), “The most common instructional concept used by law enforcement agencies is the One Plus Theory.” According to this theory officers can use one level of force that is higher than what threat the suspect is posing. This means that if the suspect is posing a level two resistance than the officer can use level three force to take care of the situation. Lt. Wittke said “The reason for using a level higher that what the suspect is presenting is so that the officer can gain control of the situation fast. If the officer and the suspect are just yelling at each other then they will get no where and will just continue to argue.” The standers of use of force for training in the state of Texas in made by TCLEOSE. The National Institute of Justice (NIJ) lets each state create their own version of the use of force continuum. There is no national standard when it comes to the use of force by police officers. The one thing that the NIJ does state is “ The officer may move from one part of the continuum to another in a matter of seconds.” (National Institute of Justice) This means that the officers training comes and goes in a matter of seconds. Their training is like and instinct or a reflex to a certain point. The only thing that the officer has to remember is what the continuum is in the state of Texas. What is the use of force continuum in Texas? In the state of Texas the use of force continuum is created by TCLEOSE. Each officer is taught the continuum while they are going through academy. In Texas the use of Force Continuum is; 1) Professional Presence, 2) Verbal Communication, 3) Weaponless Strategies, 4) Weapon Strategies, 5) Deadly Force. (Police Chief Magazine, 2010) What the Texas use of force continuum looks like to those going through the academy is shown in Figure 1. Figure 1 is an example of a ladder system that is used by police. This later system progresses from one level to another based off of the suspect. Figure 1 also shows that 98% of the job of police officers is presence and dialogue. Each officer is taught to follow this ladder system. Where the officer starts on the ladder depends on the situation. According to Lt. Wittke an officer has only seconds to use discretion on what force to use when they arrive, once they arrive the situation can change in seconds, no two situations are the same. According to the Wise County Constable “97% of an officer’s duties involve verbal skills. Only about 3% of contacts require physical force.” (www.co.wise.tx.us, p. 3) This means that while an officer has the tools to use force but most of the time force will not be used. Most of the time an office will be interacting with people and not putting their hands on them. When the time comes and an officer needs to then they do have the option to use the force that is needed. They have the opportunity to use one level higher than what is needed. If a suspect is being verbal and making threats then the officer has the option to use verbal as well, or the officer has the option of using weaponless strategies such as hand to hand. If that was not to work then the officer has the option to use weapon strategies such as pepper spray or a taser. While these options can still hurt someone they are less likely to kill them. Officers are given these options that way they do not have to go straight to deadly force. While there have been cases where an officer used a taser and the suspect has died but with these tools the officers have been able to save lives. According to Police Chief Magazine in the Time between June 2003 and December 2003 the total use of force went down by 19.1% because of tasers. (Police Chief Magazine, 2010) When someone is tased it is not something that feels good. It is very painful. Once an officer has pulled their taser many suspect back down from the resistance that they were providing before. Not only does this help the officers keep from killing someone it helps the police when it comes to the community. In the United State today there are many communities that do not trust the police. How are Police Officers held Accountable when in the Field in Texas? The job of the police is to protect and to serve. They are not the judge nor are they the jury. They are there to make sure that nothing happens to the citizens. It is not part of their job to give punishment. In recent years there have been many cases of the police using too much force. This has raised the of how are police officers held accountable when they are in the field. When asked this how officers in the Sheriffs office are held accountable, Lt. Wittke said that every squad has a video camera mounted in the front. At all times during the use of the car the video camera is recording. Not only does it record video but it also records the audio. It is all transmitted to a secure server that very few people have access to so that the film cannot be messed with. If a citizen was to file a complaint then Internal Affairs (IA) would pull the tape to see what really happened. The idea behind this is not to always record the public so that they can get them in trouble. Instead it is to make sure that the officer is making the right decisions. According to the US Department of Justice, “good police practices are essential to developing community support.” (U.S. Department of Justice, 2002) The Department of Justice has done a study and they have found that if the local police practice good police and community policing then the community will start to stand behind them and support them. In order for the police to properly do their job the right way then they have to have the support of the community. Lt. Wittke said that in order for the police to do their job then they must build a “bridge,” this bridge connects the police and the community together. If the community sees that the police have their best interest and are people just like them then the possibility of building that bridge becomes better. According to the National Criminal Justice Reference Service agency’s should make policies that help keep their officers accountable for their actions. (2007, p.5) Changing polices could help build a stronger bond with the public however, Lt. Wittke suggested that one way to help build community relations is to hold town hall meetings. Let the community tell the local law enforcement themselves what issues and concerns they have. In return law enforcement can tell the people what they are or are planning to do to better serve the community and to make the area that they live at safer and better. An example of this with the El Paso County Sheriff’s Office is moving IA from inside the Sheriff Office to the outside. When a individual wants to make complaint about an officer they are required to go into the same building that the officer works in. When the Sheriff moved IA from inside to outside the building he started to build that trust. He realized that if an individual was to come in to file a complaint and saw that officer they may become afraid of retailiation and not follow through with the complaint. The Sheriff started to build the bridge with the community and is working on gaining the trust of the citizens that they serve. Conclusion In conclusion The Texas Commission on Law Enforcement decides what the use of force continuum is for the state of Texas. They also decide how every officer will be trained in the state of Texas. They have decided that each officer has the option to use one level of force higher than the resistance that the suspect is giving the officer, this is also known as the one plus one theory. The officers are taught what the force continuum is. They are given many options to help contain a suspect. The introduction of new technology has given the officers a new choice of force to use before resorting to deadly force. And lastly the police are there to serve and protect the community. In order for the police to do that they must build a bridge between the community and the police. Show the community that the police care and that they are people as well. Officers in the state of Texas are trained on how to properly use force, how to read each situation, and how to remain accountable so that the community does not turn on them.
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