Use of Force Policy in Criminal Justice: An Overview

The use of force by law enforcement officers is a pivotal aspect of policing in the United States, subject to continual scrutiny and debate. It is essential to maintain a careful balance between ensuring public safety and safeguarding individual rights and liberties. In this complex context, the foundation of effective and equitable policing lies in well-defined use of force policies (Smith, 2022).

Policies governing the use of force by police officers have a significant impact on the safety of both the officers and the communities they serve. They serve as a critical guide for officers in deciding when and how to use force in various situations, thereby ensuring that the application of force is proportionate and in adherence to the law (Brown, 2020).

Use of force policies in the United States has a rich history, influenced by legal precedents, evolving societal norms, and the need for accountability. Over time, these policies have undergone significant changes, often in response to public demands for increased transparency and reduced instances of excessive force (Smith, 2022).

To address these concerns and improve relations between law enforcement agencies and the public, the New Jersey Use of Force Policy of 2020 was implemented. This policy is a testament to the state’s commitment to modernizing policing practices and enhancing accountability (Smith, 2022). Its impact extends far beyond state lines, setting an example for law enforcement agencies nationwide.

In this paper, we delve into the core principles of the New Jersey Use of Force Policy, examining its requirements and the considerations it places on officers when dealing with individuals in various situations, especially those experiencing a mental health crisis. We also explore the specific requirements for officers to display firearms, the risks associated with positional asphyxiation, criteria for using deadly force, the circumstances in which deadly force is prohibited, and the controversial issue of shooting at moving vehicles. Additionally, we scrutinize an officer’s duty to intervene and report, the importance of rendering timely medical assistance, and the transparent reporting and reviewing procedures under this new policy (Garcia, 2021; Johnson, 2019; Turner, 2018).

The policies and guidelines that shape the use of force by law enforcement officers represent a crucial aspect of the ongoing conversation about policing in the United States. These policies can have a profound impact on the safety and well-being of all stakeholders, and it is within this framework that we explore the New Jersey Use of Force Policy of 2020. Through this examination, we seek to contribute to the broader discourse on police use of force, with a focus on improving relations between law enforcement agencies and the communities they serve, and ensuring that the application of force is just, accountable, and fair (Brown, 2020).

Core Principles of Use of Force Policy

The core principles of a use of force policy lay the foundation for law enforcement agencies to maintain public safety while ensuring that force is used proportionally and responsibly (Smith, 2022). These principles serve as a guiding compass for officers in their interactions with the public and in making critical decisions about the use of force. They encompass a range of values and standards that, when adhered to, promote accountability and transparency in policing, contributing to improved police-public relations.

The first core principle often emphasizes the value of protecting human life. This principle places the preservation of life as the top priority in any use of force situation (Smith, 2022). It underscores the importance of officers striving to minimize harm and avoid the unnecessary loss of life, both of suspects and officers themselves. By emphasizing the sanctity of life, this principle encourages officers to seek non-lethal alternatives whenever possible.

The second core principle highlights the significance of de-escalation techniques and communication (Smith, 2022). It encourages officers to employ strategies aimed at reducing tension and resolving situations without resorting to force. Effective communication skills are central to this principle, promoting dialogue and understanding in potentially volatile encounters. By prioritizing de-escalation, this principle not only reduces the risk of unnecessary use of force but also fosters positive interactions between law enforcement and the public.

The third core principle centers on the concept of proportionality (Smith, 2022). It requires officers to use only that level of force which is reasonable and necessary to achieve a lawful objective. In essence, this principle ensures that the response to a given situation matches the threat or resistance encountered. By doing so, it minimizes excessive use of force and preserves individual rights.

The fourth principle underscores the importance of utilizing less-lethal options (Smith, 2022). It encourages officers to consider alternatives such as tasers, pepper spray, or batons before resorting to firearms. This principle is vital for ensuring the safety of all parties involved and reducing the risk of serious injury or loss of life (Garcia, 2021).

The fifth principle focuses on the duty to intervene (Smith, 2022). It highlights that officers have a responsibility to prevent and report the excessive use of force by their colleagues. This principle promotes accountability within law enforcement agencies and ensures that officers act as checks on one another to prevent misconduct (Johnson, 2019).

The sixth core principle emphasizes the requirement for thorough reporting and review of use of force incidents (Smith, 2022). It mandates that agencies thoroughly document and review every use of force, allowing for a transparent and accountable process. This not only helps in identifying issues and areas for improvement but also reinforces trust in the oversight of law enforcement (Turner, 2018).

The seventh and final principle centers on the continuous training and education of officers in the use of force (Smith, 2022). It acknowledges that evolving best practices, techniques, and technology require ongoing education for officers to effectively and responsibly use force. Regular training is essential to ensure that officers are equipped with the latest knowledge and skills, promoting both their safety and the safety of the public (Brown, 2020).

These seven core principles together provide a comprehensive framework for use of force policies, emphasizing the values of preserving life, de-escalation, proportionality, less-lethal options, duty to intervene, reporting and review, and ongoing education. They play a pivotal role in promoting the responsible use of force and improving police-public relations.

Dealing with Persons Experiencing a Mental Crisis

Law enforcement officers frequently encounter individuals who are in the midst of a mental health crisis, making it crucial for use of force policies to provide clear guidelines on how to handle these situations (Brown, 2020). The New Jersey Use of Force Policy of 2020 recognizes the unique challenges posed by individuals in mental distress and places an explicit requirement on officers to consider these challenges in their response.

One key aspect of this policy is the emphasis on crisis intervention training (CIT), which equips officers with the knowledge and skills to effectively interact with individuals experiencing a mental health crisis (Brown, 2020). CIT training focuses on de-escalation techniques, recognizing signs of mental distress, and identifying appropriate responses. This training empowers officers to better understand and respond to the unique needs of these individuals.

Another vital component of the policy is the requirement for officers to involve mental health professionals whenever possible (Brown, 2020). This collaborative approach ensures that individuals in crisis receive the appropriate care and support they need. By partnering with mental health experts, officers can avoid unnecessary confrontations and reduce the risk of harm to all parties involved.

The policy further stipulates that when it becomes necessary to use force, officers must do so with an understanding of the individual’s mental state (Brown, 2020). This recognition is essential for ensuring that force is used proportionally and that officers take into account the person’s capacity to comprehend and respond to commands.

Additionally, the policy requires officers to have access to non-lethal tools and resources, such as less-lethal weapons, when dealing with individuals in mental distress (Garcia, 2021). These tools can be valuable in resolving crises without resorting to lethal force, protecting both the individual and officers.

By incorporating these elements into the use of force policy, the state of New Jersey aims to reduce the risk of harm to individuals experiencing mental crises, promote de-escalation, and foster more positive and empathetic interactions between law enforcement and the community. This approach not only safeguards the rights and well-being of individuals in crisis but also contributes to a broader effort to improve police-public relations (Johnson, 2019).

Considerations for Using Force

The decision to use force in policing is a complex one, and it is vital that officers carefully weigh a range of considerations before taking any action (Johnson, 2019). The New Jersey Use of Force Policy of 2020 emphasizes the need for officers to make informed and responsible choices when deciding to use force.

One of the central considerations is the assessment of the threat level posed by the individual or situation (Smith, 2022). This involves evaluating factors such as the suspect’s actions, weapons, and the overall circumstances. The policy mandates that force should only be used in response to a credible threat, emphasizing the importance of proportionality in the use of force.

A critical consideration is the assessment of the suspect’s behavior and actions (Smith, 2022). Officers are required to determine whether the suspect is actively resisting arrest, attempting to flee, or posing an immediate danger to themselves, others, or property. This assessment is crucial in determining the appropriate level of force, aiming to minimize harm while maintaining public safety.

The policy also highlights the need for officers to consider alternatives to force (Smith, 2022). They must assess whether there are non-lethal options available, such as pepper spray, tasers, or batons, that can effectively resolve the situation. This consideration aligns with the principle of proportionality, as it encourages officers to use the least amount of force necessary to achieve a lawful objective.

Another significant consideration is the environment in which the interaction takes place (Smith, 2022). Officers must take into account factors like the presence of bystanders, potential hazards, and the location’s surroundings. This environmental assessment is critical for ensuring the safety of all parties involved and avoiding unnecessary risks (Garcia, 2021).

The policy also highlights the importance of communication and de-escalation techniques as considerations when deciding to use force (Smith, 2022). Officers are encouraged to engage in effective dialogue and employ de-escalation strategies when appropriate. These considerations aim to minimize the need for force by resolving situations peacefully, which, in turn, fosters more positive police-public interactions and improves overall safety (Brown, 2020).

By incorporating these considerations into the use of force policy, New Jersey seeks to promote responsible and accountable decision-making when it comes to the application of force by law enforcement. These considerations serve to safeguard the rights and well-being of both officers and the public while striving to minimize excessive use of force and enhance police-public relations (Turner, 2018).

Special Requirements for Displaying a Firearm

The display of a firearm by a law enforcement officer is a significant action that requires careful consideration and adherence to specific requirements to prevent unnecessary escalation of situations and protect the safety of all parties involved (Garcia, 2021).

The New Jersey Use of Force Policy of 2020 sets forth distinct and rigorous requirements for officers when it comes to displaying a firearm (Garcia, 2021). These requirements are designed to ensure that the use of firearms is strictly controlled and limited to situations where there is a credible threat to life or safety.

One of the primary requirements is the presence of an imminent threat. Officers may only display a firearm when they reasonably believe there is an immediate danger to themselves, others, or public safety (Garcia, 2021). This requirement emphasizes the necessity for officers to assess the situation and determine whether displaying a firearm is the proportionate response.

Additionally, the policy emphasizes the importance of warning before displaying a firearm (Garcia, 2021). Officers are required to issue a verbal warning whenever feasible. This warning serves as an opportunity for the subject to comply, de-escalate the situation, and avoid the use of lethal force. It aligns with principles of proportionality and emphasizes the need to exhaust all alternatives before resorting to the use of firearms.

Furthermore, the policy mandates that officers must use force, including the display of a firearm, in a manner that is consistent with their training and departmental guidelines (Garcia, 2021). This requirement underscores the significance of maintaining professional standards and adhering to the principles and practices learned during training. It promotes a uniform approach to the use of firearms across law enforcement agencies.

The special requirements for displaying a firearm are integral to maintaining the balance between public safety and the responsible use of force by law enforcement officers. By outlining these requirements, the New Jersey Use of Force Policy seeks to minimize the unnecessary display of firearms and prevent potential harm or escalation of situations (Smith, 2022). These requirements emphasize accountability and responsible decision-making, fostering improved police-public relations and the safeguarding of individual rights (Johnson, 2019).

Positional Asphyxiation

Positional asphyxiation is a critical concern in law enforcement, referring to the risk of a person not being able to breathe adequately due to their body position, often when in police custody. This condition can lead to tragic consequences, making it imperative for use of force policies to address and mitigate this risk (Turner, 2018).

The New Jersey Use of Force Policy of 2020 recognizes the dangers associated with positional asphyxiation and outlines specific actions that officers must take to reduce the risk of it occurring (Turner, 2018).

One crucial requirement is that officers should avoid positioning a subject in a manner that compresses the chest and restricts breathing (Turner, 2018). This prohibition aligns with the understanding that positional asphyxiation can occur when a person’s chest is compressed, and it emphasizes the importance of ensuring the subject can breathe freely during physical restraint.

Another key consideration is the need for officers to monitor the subject’s condition continuously (Turner, 2018). This requirement highlights the importance of remaining vigilant and responsive when restraining individuals. Continuous monitoring allows officers to detect signs of distress or positional asphyxiation promptly and take immediate action to mitigate the risk.

The policy also stipulates that if a subject shows signs of positional asphyxiation, officers must adjust their position to alleviate the compression on the chest (Turner, 2018). This action should be taken without delay and is crucial for preventing the further deterioration of the subject’s condition.

Furthermore, officers are required to summon medical assistance when they believe that a subject may be experiencing positional asphyxiation (Turner, 2018). This requirement underscores the necessity of timely intervention by medical professionals to address the potentially life-threatening situation.

The New Jersey Use of Force Policy’s provisions regarding positional asphyxiation serve to protect the safety and well-being of individuals in police custody (Smith, 2022). By addressing the risk of positional asphyxiation and mandating appropriate responses, this policy contributes to the responsible use of force and enhances the safety of all parties involved. It reflects a commitment to accountability and transparency in law enforcement practices, ultimately improving police-public relations (Brown, 2020).

Use of Deadly Force

The use of deadly force is one of the most critical and scrutinized aspects of law enforcement. To ensure the responsible application of lethal force, use of force policies must establish clear criteria and guidelines for officers (Smith, 2022).

The New Jersey Use of Force Policy of 2020 outlines specific requirements that must be met for an officer to use deadly force (Smith, 2022).

One fundamental requirement is the presence of an imminent threat to life or serious bodily injury. According to the policy, officers may only use deadly force when they reasonably believe such a threat exists (Smith, 2022). This requirement emphasizes the need for officers to assess the situation carefully and make decisions based on the immediacy and seriousness of the danger.

Additionally, the policy mandates that officers must use deadly force as a last resort (Smith, 2022). This requirement underscores the importance of exhausting all other reasonable alternatives before resorting to lethal force. It aligns with the principle of proportionality, which emphasizes using the least amount of force necessary to achieve a lawful objective.

The policy also highlights the necessity for officers to issue a verbal warning when feasible before using deadly force (Smith, 2022). This warning provides the subject with an opportunity to comply, de-escalate the situation, and avoid the use of lethal force. It promotes communication and seeks to reduce the risk of unnecessary harm.

Furthermore, officers must use deadly force in a manner consistent with their training and departmental guidelines (Smith, 2022). This requirement emphasizes the need for officers to adhere to professional standards and the practices learned during training. It ensures that the application of deadly force is consistent and follows established protocols.

By establishing these stringent requirements, the New Jersey Use of Force Policy strives to ensure that the use of deadly force is limited to situations where it is absolutely necessary and justifiable (Garcia, 2021). These requirements emphasize the accountability, transparency, and responsibility of law enforcement officers when faced with situations that may require the use of lethal force, ultimately contributing to improved police-public relations and the safeguarding of individual rights (Brown, 2020).

Prohibition of Deadly Force

The use of deadly force by law enforcement is a critical and highly scrutinized issue, and policies must establish clear guidelines on when the use of lethal force is prohibited to prevent unnecessary harm or loss of life (Smith, 2022).

The New Jersey Use of Force Policy of 2020 explicitly identifies circumstances in which deadly force is prohibited (Smith, 2022). One primary prohibition is the use of deadly force against individuals who pose no immediate threat to the safety of officers or others. This prohibition aligns with the principle of proportionality, emphasizing that force must be used only when there is a credible and imminent threat to life or serious bodily injury.

The policy also prohibits the use of deadly force against individuals who are attempting to evade arrest or flee (Smith, 2022). It emphasizes that the mere act of fleeing, without the presence of an imminent threat, should not be a justification for the use of lethal force. This prohibition promotes responsible decision-making in situations involving suspects attempting to escape.

Furthermore, deadly force is prohibited against individuals who are only presenting a danger to themselves but do not pose a threat to others (Smith, 2022). This prohibition underscores the need for officers to assess the situation and determine whether the use of deadly force is proportionate to the circumstances.

The policy also prohibits the use of deadly force against individuals who are visibly or obviously surrendering, incapacitated, or no longer posing an immediate threat (Smith, 2022). This prohibition emphasizes the importance of officers recognizing when a subject is no longer a danger and ceases to be a legitimate target for lethal force.

By establishing clear prohibitions on the use of deadly force, the New Jersey Use of Force Policy aims to minimize the risk of unnecessary harm or loss of life in police encounters (Brown, 2020). These prohibitions reflect a commitment to the responsible and accountable application of force, ultimately improving public safety and police-public relations (Johnson, 2019).

Shooting at a Moving Vehicle

The decision to shoot at a moving vehicle is a complex and highly debated issue within law enforcement. Use of force policies should provide clear guidelines on when such actions are permissible and under what circumstances they are prohibited (Smith, 2022).

The New Jersey Use of Force Policy of 2020 outlines specific criteria that must be met for an officer to justify shooting at a moving vehicle (Smith, 2022).

One key requirement is the presence of an imminent threat. According to the policy, officers may only use deadly force against a moving vehicle when they reasonably believe that the vehicle poses an immediate danger to the safety of officers or others (Smith, 2022). This requirement underscores the need for officers to assess the situation and determine whether the use of deadly force is proportional to the threat posed.

Additionally, the policy prohibits shooting at a moving vehicle solely to disable the vehicle (Smith, 2022). This prohibition aligns with the principle of proportionality, emphasizing that the use of deadly force should not be employed as a means of stopping or disabling a vehicle. It promotes responsible decision-making and aims to prevent unnecessary harm.

The policy further prohibits officers from intentionally positioning themselves in the path of an oncoming vehicle to justify the use of deadly force (Smith, 2022). This prohibition emphasizes that officers should not create a situation where deadly force becomes necessary through their actions or positioning. It encourages officers to prioritize their safety through other means.

By establishing these criteria and prohibitions, the New Jersey Use of Force Policy seeks to minimize the risks associated with shooting at moving vehicles (Garcia, 2021). These requirements emphasize the responsibility, accountability, and restraint exercised by law enforcement officers when faced with situations involving vehicles, ultimately contributing to improved public safety and police-public relations (Brown, 2020).

Duty to Intervene and Report

The duty to intervene and report is a critical component of use of force policies, emphasizing the responsibility of law enforcement officers to prevent and report the excessive use of force by their colleagues (Johnson, 2019).

The New Jersey Use of Force Policy of 2020 mandates that officers have a duty to intervene and report when they witness excessive force being used by another officer (Johnson, 2019). This requirement is pivotal for ensuring accountability and preventing misconduct within law enforcement agencies.

The duty to intervene underscores that officers are not only responsible for their own actions but also for the actions of their fellow officers. If an officer observes another using excessive force, they are obligated to take immediate action to prevent further harm. This may include verbally intervening, physically restraining the involved officer, or any other appropriate action to stop the excessive force.

Furthermore, the policy stipulates that officers have a duty to report the incident to their supervisors (Johnson, 2019). Reporting ensures that the incident is documented, investigated, and reviewed, promoting transparency and accountability within the department.

The duty to intervene and report is further reinforced by the New Jersey policy’s provisions for whistleblower protection (Johnson, 2019). Officers who intervene or report misconduct are shielded from retaliation or adverse consequences, ensuring that they can fulfill their duty without fear of reprisal.

These provisions for duty to intervene and report serve to create a system of checks and balances within law enforcement agencies (Smith, 2022). By encouraging officers to intervene and report misconduct, the policy promotes transparency, accountability, and responsible behavior. This not only enhances police-public relations but also helps maintain the integrity and professionalism of the law enforcement profession.

Rendering Medical Assistance

The duty of law enforcement officers to render medical assistance in appropriate situations is a fundamental aspect of use of force policies, emphasizing the importance of preserving life and promoting the well-being of all individuals involved (Smith, 2022).

The New Jersey Use of Force Policy of 2020 mandates that officers must render medical assistance to individuals who have been injured or require medical attention (Smith, 2022). This requirement reflects a commitment to human life and safety and aligns with the core principle of protecting and preserving life.

One key aspect of rendering medical assistance is the need for officers to assess the situation and recognize when it is safe to do so (Smith, 2022). Officers must ensure that there is no ongoing threat or danger that could jeopardize their own safety or the safety of medical professionals. This assessment is vital for determining when and how to provide medical aid.

Additionally, the policy requires officers to provide or request medical assistance promptly when needed (Smith, 2022). This includes actions such as administering first aid, calling for an ambulance, or requesting assistance from medical professionals. Timely medical attention can be crucial in preventing further harm and preserving life (Brown, 2020).

Furthermore, officers must ensure that individuals who require medical assistance receive the appropriate care (Smith, 2022). This includes providing basic medical aid, such as CPR or controlling bleeding, until professional medical help arrives. The policy encourages officers to take immediate action to address medical needs, reinforcing the commitment to safety and well-being.

By including these provisions for rendering medical assistance, the New Jersey Use of Force Policy seeks to prioritize the health and safety of all individuals involved in police encounters (Garcia, 2021). These requirements emphasize the responsibility of officers to act in the best interest of public safety and align with the broader goal of improving police-public relations through responsible and compassionate policing practices (Johnson, 2019).

Reporting and Reviewing Procedures

Robust reporting and reviewing procedures are essential components of use of force policies, ensuring transparency, accountability, and continuous improvement within law enforcement agencies (Turner, 2018).

The New Jersey Use of Force Policy of 2020 outlines comprehensive reporting and reviewing procedures for use of force incidents (Turner, 2018). These procedures are designed to facilitate transparency and accountability while also identifying areas for improvement.

One key element of the policy is the requirement for officers to complete a detailed use of force report following any use of force incident (Turner, 2018). This report must provide a thorough account of the circumstances, actions taken, and justification for the use of force. It ensures that every incident is documented and can be reviewed.

Furthermore, the policy mandates that these reports be reviewed by supervisors and, in some cases, specialized internal review units (Turner, 2018). This review process allows for an objective assessment of the incident, verifying that the use of force was justified and in accordance with policy. Supervisory review helps maintain accountability within the department.

In cases where use of force results in serious injury or death, the policy often calls for external or independent reviews (Turner, 2018). These external reviews involve oversight by bodies outside of the law enforcement agency and are crucial for impartial assessments.

The New Jersey policy also emphasizes that the findings of these reviews must be used for training and policy improvement (Turner, 2018). Lessons learned from use of force incidents can inform training practices and policy revisions, contributing to ongoing education and enhanced procedures (Smith, 2022).

By incorporating these reporting and reviewing procedures, the New Jersey Use of Force Policy aims to create a transparent and accountable framework for assessing the use of force (Brown, 2020). These procedures promote oversight, continuous improvement, and public confidence in law enforcement practices, contributing to improved police-public relations and a safer community.

References

Brown, J. (2020). Revisiting Police Use of Force Policies: A Comprehensive Examination. Journal of Law Enforcement Policy, 6(3), 123-145.

Garcia, M. S. (2021). Law Enforcement Policies and Practices in Use of Force: A Case Study of New Jersey. Policing and Society, 31(1), 25-43.

Johnson, R. A. (2019). Police Use of Force and Accountability: Challenges and Opportunities. Criminal Justice Review, 44(4), 404-422.

Smith, P. L. (2022). Reforming Police Use of Force Policies: A Comparative Analysis of Statewide Initiatives. Policing and Society, 32(2), 183-201.

Turner, L. D. (2018). Police Use of Force Policies: A Cross-Jurisdictional Review. Journal of Criminal Justice, 46, 68-74.

Frequently Asked Questions (FAQs)

1. What are the core principles of the New Jersey Use of Force Policy, and why are they important?

• The New Jersey Use of Force Policy includes seven core principles, emphasizing values such as protecting human life, de-escalation, proportionality, use of less-lethal options, the duty to intervene, thorough reporting and review, and ongoing training. These principles are important because they guide officers in making responsible decisions regarding the use of force, promoting transparency, accountability, and improved police-public relations.

2. How does the policy address situations involving individuals experiencing a mental crisis?

• The policy requires officers to undergo crisis intervention training (CIT) and collaborate with mental health professionals when dealing with individuals in a mental crisis. It emphasizes recognizing signs of distress and the importance of assessing the mental state of the individual before using force.

3. What considerations must officers make when deciding to use force?

• Officers must assess the threat level, suspect’s behavior, availability of non-lethal alternatives, the environment, and the use of communication and de-escalation techniques. These considerations aim to ensure that force is used proportionally and responsibly.

4. What are the special requirements for displaying a firearm?

• Officers can display a firearm only when they believe there is an imminent threat, and they are required to issue a verbal warning when feasible. Firearms must be used in a manner consistent with training and departmental guidelines.

5. What is positional asphyxiation, and how does the policy address it?

• Positional asphyxiation refers to the risk of an individual being unable to breathe due to their body position. The policy mandates that officers must avoid positions that compress the chest, continuously monitor the subject’s condition, and summon medical assistance if necessary to reduce the risk of positional asphyxiation.