MEMORANDUM
TO: Colleagues in Criminal Justice Agency
FROM: Assistant Prosecutor
RE: Implementing Evidence Based Practice when using Force
DATE: July 18, 2017
Issue Presented
Implementing use of a new EBP while judging officers on their use of force while arresting offenders is vital in avoiding the issue of discrimination or excessive use of force.
Short Answer
Implementing use of assessment of actuarial needs and risks is an evidence based practice which should be embraced while judging on whether to use force or not (California Law Courts, 2017). In an instance where the risks are high, there is a need to use force. However, an instance where the offender poses no threat to law enforcement officers, there is a need to use force. By assessing the circumstances and coming up with a succinct decision, reports of discrimination where officers are blamed for using force while arresting particular group of people can be avoided. Therefore, implementing this EBP is the ultimate solution in maintaining fairness within the law enforcement force.
Statement of Facts
By formulating policies in consideration to the needs and risks faced by a specific person as addressed in the policy will lead to the process being more effective. Enacting a policy that bans police officers such as the Los Angeles Police Department (LAPD) to cease using force while arresting offenders based on “The Flawed Emergency Response to the 1992 Los Angeles Riots – Judging the Use of Force” case would not be effective since the policy would not have embraced the EBP necessary in such instance. Through implementing assessment of needs and risks before using force would be an ideal EBP while enacting a policy to govern use of police force. Based on the issue presented in the case, the LAPD would have evaluated the situation before opting to use force (Rosegrant, 2000). Rodney King who was the main subject of this case was pursued by LAPD due to over speeding. When the road was finally blocked by California traffic police, the car stopped and two passengers stepped out. Rodney King who seemed to be drunk resisted arrest hence the officers on site opted to use force in arresting this offender. As instructed by LAPD sergeant in command, Stacy Coon, Officer Laurence Powell struck Rodney King severally using a metallic baton (Rosegrant, 2000). Based on this instance, the offender portrayed no risk to the officers and there was no need to use force while arresting him. While enacting a policy to oversee appropriate use of force while arresting offenders, it is necessary to assess the conditions the officers were faced with that necessitated them to use force.
Discussion
Crime analysis is an example of court policy that has been revised to implement EBP. The crime analysis function include “collecting, organizing, analyzing and interpreting crime and incident data to evaluate past performance and identify criminal activity patterns and trends for operational deployment, tactical intervention, strategic planning and management analysis (Missouri Police Chiefs, 2017, np.).” Based on this policy, offenders are to be managed based on their crime analysis. By utilizing assessment of the situation of offenders, ideal management plan can be stated by law court. In a case where a juvenile is reported to indulge in drug abuse for a long time, through this EBP, appropriate response such as treatment rather than use of force can be considered. Through crime analysis function in law courts, provision of operational units which assemble information and data for analysis and daily problem solving will be provided (Missouri Police Chiefs, 2017).
Conclusion
The most important reform in managing use of force within police department is assessing the risks and needs the officers are faced with. If the situation does not necessarily need use of force and the officer uses force to arrest the offender, the officer should be charged in a law court. By embracing this EBP in policy making against use of force while arresting offenders, the reports of excessive use of force and discrimination will decline.
Recommendations
According to California Law Courts (2017), use of needs and risk assessment information is necessary for making evidence best judicial decisions since it addresses issues such as:
- Use of force while arresting offenders
- Suitability of offender for diversion
- The amenability of offender to treatment
- Most appropriate treatment to be imposed to offender
- Whether to revoke probation or not
References
California Law Courts. (2017). Evidence-Based Practice – criminal_justice. Courts.ca.gov. Retrieved from http://www.courts.ca.gov/5285.htm
Missouri Police Chiefs. (2017). General Orders and Policies – Mopca.com. Retrieved from http://www.mopca.com/mpca.nsf/ContentPage.xsp?action=openDocument&documentId=F1642CC8306279AF8625770B00586E6D
Rosegrant, S. (2000). The Flawed Emergency Response to the 1992 Los Angeles Riots. Cambridge: John F. Kennedy School of Government.