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The influence of agency policies on conducted energy device use and police use of lethal force

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The influence of agency policies on conducted energy device use and police use of lethal force
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    http://pqx.sagepub.com/  Police Quarterly  http://pqx.sagepub.com/content/early/2014/05/30/1098611114548098The online version of this article can be found at: DOI: 10.1177/1098611114548098 published online 2 September 2014 Police Quarterly  Frank V. Ferdik, Robert J. Kaminski, Mikaela D. Cooney and Eric L. Sevigny Police Use of Lethal ForceThe Influence of Agency Policies on Conducted Energy Device Use and  Published by:  http://www.sagepublications.com On behalf of:  Police Executive Research Forum   Police Section of the Academy of Criminal Justice Sciences  can be found at: Police Quarterly  Additional services and information for http://pqx.sagepub.com/cgi/alerts Email Alerts:  http://pqx.sagepub.com/subscriptions Subscriptions:  http://www.sagepub.com/journalsReprints.nav Reprints:  http://www.sagepub.com/journalsPermissions.nav Permissions: http://pqx.sagepub.com/content/early/2014/05/30/1098611114548098.refs.html Citations:  What is This? - Sep 2, 2014OnlineFirst Version of Record >> by guest on September 3, 2014pqx.sagepub.comDownloaded from by guest on September 3, 2014pqx.sagepub.comDownloaded from    Article The Influence of Agency Policies onConducted EnergyDevice Use and PoliceUse of Lethal Force Frank V. Ferdik  1 , Robert J. Kaminski 2 ,Mikaela D. Cooney 2 , andEric L. Sevigny 2 Abstract Law enforcement agencies across the United States, partly in response to publicoutcries over fatalities associated with police use of lethal force, have adoptednumerous less lethal technologies, including conducted energy devices (CEDs).Although the device was intended to reduce citizen deaths resulting from policeuse of force, various human rights groups have linked its usage to increased fatalities.The present study adds to the literature on CEDs by examining (a) the relationshipbetween the restrictiveness of CED-related policies and CED deployments and (b)the relationship between these policies and fatal police shootings. Using data from anationally representative sample of American law enforcement agencies, this studyestimates a series of count regression models to examine the influence of depart-mental policies on CED usage and fatal shootings by police. Findings illustrate thatless restrictive CED policies are associated with increased CED usage and fewer fatalshootings by police. Although design limitations preclude causal arguments, theseresults suggest that police departments should at least consider adopting more liberalpolicies regarding the application of this less lethal technology. Future studies on thisissue using more rigorous designs are warranted. 1 Department of Criminal Justice, University of West Florida, Pensacola, FL, USA 2 Department of Criminology and Criminal Justice, University of South Carolina, Columbia, SC, USA Corresponding author: Frank V. Ferdik, Department of Criminal Justice, University of West Florida, Pensacola, FL 32514, USA.Email: Ferdik@email.sc.edu Police Quarterly0(0) 1–31 ! The Author(s) 2014Reprints and permissions:sagepub.com/journalsPermissions.navDOI: 10.1177/1098611114548098pqx.sagepub.com  by guest on September 3, 2014pqx.sagepub.comDownloaded from   Keywords police, force, fatality, policy, CED, count models Introduction Law enforcement’s primary responsibility is that of ensuring the safety andprotection of the public, which sometimes necessitates the use or threat of theuse of force (Bittner, 1970; Black, 1976; Skolnick & Fyfe, 1993). Firearms,batons, and other forms of force (e.g., impact munitions) likely to cause seriousbodily injury or death have long been the traditional weapons of choice by policeofficers to accomplish their objectives; however, concerns over the sometimesserious injuries and fatalities resulting from their use have been raised by policepractitioners, researchers, policy makers, and various human rights groups(Amnesty International, 2004; Thomas, Collins, & Lovrich, 2010). To reducethe risk of injurious and fatal outcomes to suspects and officers, as well as toallay general concerns associated with police use of force, law enforcementadministrators across the country adopted new and improved less lethal weap-ons, primarily oleoresin capsicum (OC) or pepper spray and conducted energydevices (CEDs; Alpert & Dunham, 2010; Kaminski, Edwards, & Johnson, 1999;Smith, Kaminski, Rojek, Alpert, & Mathis, 2007). 1 Although heralded by some for their ability to minimize harm (MacDonald,Kaminski, & Smith, 2009; Smith et al., 2007), the adoption and use of thesetechnologies have not been without controversy. Concerns have been raisedacross a broad range of issues: low placement on use-of-force continua leadingto overuse, adverse health effects, disproportionate use on minorities, multiple orsustained applications, intentional misuse, exaggeration of incapacitative effects,whether adoption reduces or increases injuries to suspects, their use on passiveresisters, their use on vulnerable groups (e.g., children, the mentally ill), and theircontribution to sudden in-custody death (American Civil Liberties Union of Northern California, 2005a, 2005b; Amnesty International, 2004; Kaminskiet al., 1999; Kaminski, Engel, Rojek, Smith, & Alpert, 2013; Lin & Jones,2010; Terrill & Paoline, 2012a; Thomas et al., 2010; White & Ready, 2009,2010). The recent controversies surrounding the adoption, placement, and useof CEDs, coupled with the relatively few large-scale (e.g., national) studies onthis topic, indicate a need for continued research on these devices.Smith et al. (2009) administered surveys to a nationally representative sampleof law enforcement agencies across the United States to inquire more aboutpolice use-of-force policies and their impact on various outcomes. Cross-sec-tional data collected by these authors are used in the current study to investigatewhether law enforcement use-of-force policies influence CED use, and further,whether policies governing CED use are associated with fatal police shootings of citizens. As such, the present analysis represents one of a handful of studies and 2  Police Quarterly 0(0)  by guest on September 3, 2014pqx.sagepub.comDownloaded from   reports to explore the above issues on a national scale. This study is also the firstto use vignettes (in a prediction model) describing scenarios consisting of increasing levels of suspect resistance and law enforcement officials’ responsesindicating whether the use of a CED would be appropriate. The scenarios rep-resent proxy measures of police department use-of-force policies or protocolsand are unique in that they present contextual information surrounding suchevents. Findings from our analysis contribute to the literature on police use of force and offer some insight into the circumstances under which officers areauthorized to deploy CEDs and whether more or less restrictive CED policiesare associated with fatal police shootings. CED Policy and Placement on Use-of-Force Continua As noted by Thomas et al. (2010), prior to the publication of their research, therewere no large-scale, national-level studies on the relationship between differencesin agency CED polices, such as where CEDs are placed on use-of-force continuaand various use-of-force outcomes. Analysis of CED placement is importantbecause if the location of CEDs is too low on use-of-force continua, higherrates of use and too frequent use on subjects who only mildly or passivelyresist may result (Alpert & Dunham, 2010; Terrill & Paoline, 2012b; Thomaset al., 2010). One 2005 national survey using different scenarios with varyinglevels of suspect resistance found, in fact, that 20% of law enforcement agenciesauthorized the use of CEDs in dart/probe mode on subjects who did not resistpolice physically and 59% authorized their use on subjects who resisted by onlytensing or pulling away (Alpert & Dunham, 2010; Smith et al., 2009).Given the potential for CED overuse and safety concerns (e.g., CED-prox-imate deaths), some law enforcement agencies have placed CEDs higher on forcecontinua or, if continua are not used, they have placed greater restrictions on thetypes of circumstances under which officers are authorized to use them (Terrill &Paoline, 2012b; Thomas et al., 2010). However, because there is no standardnational use-of-force continuum, agencies use a wide variety of ranking systemsregarding the placement of CEDs and other types of force (Smith et al., 2009;Terrill & Paoline, 2012b; Thomas et al., 2010; White & Ready, 2007, 2010). Forexample, some agencies rank sequentially specific intermediate weapons, such asbatons, pepper spray, and CEDs, whereas others may place one or more on thesame level (Smith et al., 2009). This makes it difficult to create a standardizedmeasure of CED placement relative to other types of force to precisely gaugetrends in the restrictiveness of policies either across agencies or over time.On the basis of survey data from Smith et al. (2009), Alpert and Dunham(2010) found that in 2005, 26% of law enforcement agencies placed CEDs rela-tively low on use-of-force continua, 64% placed them at a midlevel, and 10%placed them at a high level. Thomas et al. (2010) surveyed agencies and askedthem to rank the placement of CEDs on a scale of 1 to 10, and these agencies Ferdik et al.  3  by guest on September 3, 2014pqx.sagepub.comDownloaded from   also tended to place them at a midlevel range. Alpert and Dunham’s use of broad placement categories (low level, midlevel, and high level) undoubtedlyreflects the wide variability of use-of-force continua used by law enforcementagencies. Further, although useful, Thomas et al.’s 1 to 10 ranking system issomewhat limited in that the scale is unlikely to reflect actual use-of-force con-tinua or protocols used by agencies for guiding officers’ actions during use-of-force encounters. In addition, the 1 to 10 rankings of various force types maysimply reflect the opinions of the individuals who happened to fill out the surveyson behalf of the agency executive, which again may not reflect actual agencypolicy or practice.An alternative scale-free method of assessing the placement of CEDs thatpermits a comparison over time and reflects actual continua in use is to examinetheir placement relative to firearms, the highest level of force possible. Thus, wewould know that agencies that place CEDs one or two steps below firearms aremore conservative in their policies regarding the use of CEDs compared withagencies that place them three or four steps below firearms on their use-of-forcecontinua or other force ranking systems. Analyses of data from two nationalsurveys administered in 2005 and 2009 (Smith et al., 2009) using the same CED-related questions suggest that among agencies serving populations of 50,000 ormore, CED policies have, in fact, become more restrictive on average. Forexample, in 2005, 19% of agencies placed CEDs one step below firearms and21% placed them two steps below, whereas in 2009, the percentages were 22%and 36%, respectively.Given the potential impacts of variation in CED placement policies on theincidence of CED deployments and associated force outcomes (injuries, use of deadly force, fatalities, and so forth) plus the fact that only one large-scalenational study using multiple regression has been conducted on this issue(Thomas et al., 2010), additional research on the effects of variation of suchpolicies is important. For example, if less restrictive policies are associatedwith increased CED use, which in turn are associated with reductions in fatalshootings, then less restrictive policies may be preferred, other factors beingequal. If, however, CED use is unrelated to fatal shootings, then more restrictivepolicies may be in order given concerns regarding CED overuse, associatedinjuries, and CED-proximate fatalities. Using data from a nationally represen-tative sample of law enforcement agencies, this study investigated two primaryresearch questions: First, are less restrictive CED policies associated withincreases in CED deployments? Second, are less restrictive CED policies asso-ciated with decreases in fatal shootings? Previous Literature on CEDs Researchers have investigated a variety of issues related to CEDs, including theiroverall effectiveness relative to other forms of force (Lin & Jones, 2009; Ready, 4  Police Quarterly 0(0)  by guest on September 3, 2014pqx.sagepub.comDownloaded from 
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