Corrections Community

Our department is moving toward not useing the use of force continume any more. Have other departments adopted this as well? If so, who has discontinued the practice and how has it effected their training?

In Florida, we have moved to using, "The Decision Making Process."  I have attached the file that represents this process.  Jerry

Gerald.Milan@jaxsheriff.org

 

It would be interesting to know why your Department is changing. Using a continume makes sense to me especially if you distinguish between a calculated use of force and an emergent use of force.

There is actually an interesting podcast on the the Federal Law Enforcement Training Center (FLETC) website on just this topic.  The FEDs are moving away from force continuums and are moving more towards educating staff about the legal requirements for use of force.  From a training perspective, I still think that the continuums can be a good explanatory/visual tool as long as they are done well and not put together in a stepped or linear manner.  Officers need to have ability to apply a level of force that is appropriate for their situation based on the totality of circumstances.  Here's the link for the podcasts: http://www.fletc.gov/training/programs/legal-division/podcasts/hot-issues-podcasts/hot-issues-transcripts

 

We have found recently that questions about the Use of Force Continuum in court have gone from just a few questions to hours of testimony. Defense lawyers are confusing juries and making it more difficult for them to understand. Juries don’t understand that every situation is different and taking in the totality of the situation is becoming more difficult to do. We just had a Deputy on the stand for 2 1/2 hours talking just about the Continuum and how it works. I believe the FBI and one other Federal Agency have recently discontinued using the Continuum. According to the Supreme Court, a continuum is not needed. I have attempted to attach two articles on the subject but am not sure if they attached?

The move away from force continuums worries me somewhat, depending on what replaces them.  I can see concerns about attorneys wearing out witnesses with questions about them but what can that same attorney do when the agency doesn't have a force continuum?  How will it sound when the training director explains "we got rid of this tool designed to guide officers in the appropriate amount of force to use in various situations because we got tired of being hammered in court over its use." 

Bill Collins

Attorney at Law

Co-editor, Correctional Law Reporter

 

 

Several years ago we adopted the wheel that is common in Canada. We of course taylored it to our department policy but have found it has been very effective in presenting a visual presentation on the use of force. Much better than the "latter" not only for the officer but for the jury. I think it also represents the factor of every incident being different as well. From a teaching and court testimony perspective I feel that a you have to have something graphical to represent the use of force. Dave

Lt. Dave,

 Is is possible to get a copy of "the wheel" and perhaps some supporting explanatory material?  Thanks,

Bill Collins

Attorney at Law

Co-Editor, Correctional Law Reporter

Oops.  My email:  wccollins@gmail.com

Thanks,

Bill Collins