Evaluating Police Uses of Force
Seth W. Stoughton, Jeffrey J. Noble, andGeoffrey P. Alpert
NEW YORK UNIVERSITY PRESS
New York
NEW YORK UNIVERSITY PRESS
New York
© 2020 by New York University
All rights reserved
References to Internet websites (URLs) were accurate at the time of writing. Neither the author nor New York University Press is responsible for URLs that may have expired or changed since the manuscript was prepared.
Library of Congress Cataloging-in-Publication Data
Names: Stoughton, Seth W., author. | Noble, Jeffrey J., author. | Alpert, Geoffrey P., author.
Title: Evaluating police uses of force / Seth W. Stoughton, Jeffrey J. Noble, Geoffrey P. Alpert.
Description: New York : New York University Press, 2020. | Includes bibliographical references and index. | Summary: ““Evaluating Police Uses of Force” is an exploration of how police violence is regulated”—Provided by publisher.
Identifiers: LCCN 2019030941 | ISBN 9781479814657 (cloth) | ISBN 9781479833542 (paperback) | ISBN 9781479830480 (ebook) | ISBN 9781479803798 (ebook)
Subjects: LCSH: Police brutality—United States. | Police misconduct—Law and legislation—United States. | Police patrol—United States.
Classification: LCC KF5399 .S76 2020 | DDC 344.7305/232—dc23
LC record available at https://lccn.loc.gov/2019030941
New York University Press books are printed on acid-free paper, and their binding materials are chosen for strength and durability. We strive to use environmentally responsible suppliers and materials to the greatest extent possible in publishing our books.
Manufactured in the United States of America
10 9 8 7 6 5 4 3 2 1
Also available as an ebook
To my wife, Alisa, for her constant love and support. To my children, Aidan and Lorelei, for inspiring me to be better than I am. And to my parents, John and Ava, for teaching me to care passionately, to question intensely, to explore fearlessly, and to read well.
I miss you, Dad.
—Seth Stoughton
To my daughters, Elizabeth and Patricia. Both of you are beautiful, loving, and brilliant. I will forever be in awe of you, and I love you both deeply.
—Jeff Noble
To my children, Angie, Amanda, Ryan, and Cory, and brother Spencer who have all challenged and tested me. To Peter Martin, Ian Stewart, Damien Hayden, and Bob Gee from the Queensland Police Service, and to Mark Hiron from New South Wales, who have all been mentors and friends. To Paul Mazerolle, who gave me the opportunity to conduct research in Australia. I would be remiss if I didn’t thank Jeff Rojek, Scott Wolfe, Kyle McLean, Justin Nix, Louise Porter, and Justin Ready for being such great work partners.
—Geoff Alpert
Contents
List of Figures and Tables
Foreword by Arif Alikhan
Introduction
Part I. Standards for Evaluating Police Uses of Force
1. The Constitutional Law Standard
When Does the Constitutional Standard Apply?
What Does the Constitutional Standard Regulate?
How Does the Constitutional Standard Apply?
2. The State Law Standard
When Does the State Law Standard Apply?
What Does the State Law Standard Regulate?
How Does the State Law Standard Apply?
3. The Administrative Standard
When Does the Administrative Standard Apply?
What Does the Administrative Standard Regulate?
How Does the Administrative Standard Apply?
4. The Community Expectations Standard
When Does the Community Expectations Standard Apply?
What Does the Community Expectations Standard Regulate?
How Does the Community Expectations Standard Apply?
Part II. Police Tactics and Force Options
5. Tactical Considerations
A Conceptual Framework for Analyzing Tactics and “Officer-Created Jeopardy”
6. Force Options: Tools, Techniques, and Weaponry
Conclusion