Category: Use of Force

Dangerous New DOJ Policy On Chokeholds and “No-Knock” Warrants

A new memo released from the Department of Justice (DOJ) by Attorney General Merrick Garland makes policy changes that have the potential to endanger the lives of federal agents, as well as the limit the seizure of criminal evidence.  According to the memo released September 14th, 2021, the DOJ is changing policy effective immediately regarding the use of chokeholds and “no-knock” warrants.  The change appears inspired by the deaths of George Floyd and Breonna Taylor.  Officer Derek Chauvin was convicted of causing Floyd’s death by using a form of a chokehold to pin him down after he resisted arrest.  Breonna Taylor died in a shootout which began when her current boyfriend shot at police executing a “no-knock” warrant to arrest her former boyfriend, drug dealer Jamarcus Glover.   Continue reading . . .

Advancing police use of force research

In the past few years, the use of force by police officers has been getting increasingly more attention in the United States and elsewhere, with many advocates pushing for widespread reform in this regard. Unfortunately though, research on police use of force still fails to provide answers to many important questions. A recently published article in the British Psychological Society’s Urgent Issues and Prospects series summarizes the most urgent issues in police use of force based on knowledge from police scholars and practitioners. The article outlines key considerations for advancing police use of force research, many of which center around police de-escalation and use of force training. Continue reading . . .

Supreme Court Sends Excessive Force Case Back to USCA8

The U.S. Supreme Court issued two summary decisions today. In Lombardo v. St. Louis, No. 20-391, the Court sent a case back to the Court of Appeals for the Eighth Circuit, a procedure known as “grant, vacate, and remand” or GVR. The case involves the death in custody of likely suicidal prisoner who was very actively resisting officers’ attempts to subdue him. Ironically, they caused the very result he tried to inflict on himself–death by asphyxiation.

Quoting a 2015 precedent, the unsigned opinion for the majority says that deciding claims such as these “requires careful attention to the facts and circumstances of each particular case.” See the problem here? Continue reading . . .

Defunding the police: An evidence-based approach?

In the months following the death of George Floyd, there have been an increasing number of protests aimed at taking a stand against police brutality and “defunding” the police. The slogan “defund the police” has since been adopted by various activist groups and is now being seriously debated by politicians and lawmakers across the country. Despite the fact that Americans are mixed on whether they support the idea, the slogan has nonetheless become an increasingly popular political talking point. While the argument that America’s police departments are in need of reform is not without merit, that does not mean that defunding the police is the answer.

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Will Liberals Now Awaken to the Legitimacy of Police Display, and Use, of Force?

This last week’s invasion of the Capitol by a mob seeking to prevent Vice President Pence from counting the electoral votes and certifying the election result leaves us with very few positives.  The country is rightly shocked that a mob would think it has the right to take the law into its own hands, and that this belief extended even to the most fundamental aspect of democratic self-rule (the peaceful transfer of power through legal process). At least one police officer and at least one rioter were killed in the melee.

There may be one silver lining, however.  Liberals (and not a few libertarians) may have awakened to the previously Neanderthals-only idea that we need police with sufficient numbers, weapons, confidence and authority forcibly to keep the peace against those who threaten it.

Continue reading . . .