FORCE DECISIONS
A CITIZEN’S GUIDE
Force Decisions
A Citizen’s Guide
Understanding How Police Determine Appropriate Use of Force
Rory Miller
YMAA Publication Center, Inc.
Wolfeboro NH USA
YMAA Publication Center, Inc.
PO Box 480
Wolfeboro, NH 03894
800-669-8892 • www.ymaa.com • [email protected]
Ebook edition ISBN: 978-1-59439-244-3
All rights reserved including the right of reproduction in whole or in part in any form.
Copyright ©2012 by Rory Miller
Cover design by Axie Breen
Editing by Karen Barr Grossman
Photos provided by the author
Publisher’s Cataloging in Publication
Miller, Rory Kane.
Force decisions: a citizen’s guide: understanding how police determine appropriate use of force / Rory Miller. —Wolfeboro, NH: YMAA Publication Center, c2012.
p.; cm.
ISBN: 978-1-59439-243-6 (pbk.); 978-1-59439-244-3 (ebk.)
Includes bibliographical references and index.
Summary: This book allows you to ‘take’ a basic “use of force” police academy class, including training, checks and balances, experience, and review (from both the police and the suspect points of view).—Publisher.
1. Police discretion—United States. 2. Police training—United States. 3. Arrest (Police methods)—United States. 4. Self-defense (Law)—United States. 5. Restraint of prisoners—United States. 6. Justifiable homicide—United States. 7. Violence (Law)—United States. 8. Necessity (Law)—United States. 9. Tort liability of police—United States. 10. Police misconduct—United States. 11. Policecommunity relations—United States. I. Title. II. Title: Understanding how police determine appropriate use of force.
HV7936.D54 M55 2012 2012933335
363.2/32—dc23 1210
Warning: While self-defense is legal, fighting is illegal. If you don’t know the difference you’ll go to jail because you aren’t defending yourself, you are fighting—or worse. Readers are encouraged to be aware of all appropriate local and national laws relating to self-defense, reasonable force, and the use of weaponry, and act in accordance with all applicable laws at all times. Understand that while legal definitions and interpretations are generally uniform, there are small—but very important—differences from state to state. To stay out of jail, you need to know these differences. Neither the authors nor the publisher assumes any responsibility for the use or misuse of information contained in this book.
Nothing in this document constitutes a legal opinion nor should any of its contents be treated as such. While the authors believe that everything herein is accurate, any questions regarding specific self-defense situations, legal liability, and/or interpretation of federal, state, or local laws should always be addressed by an attorney at law. This text relies on public news sources to gather information on various crimes and criminals described herein. While news reports of such incidences are generally accurate, they are on occasion incomplete or incorrect. Consequently, all suspects should be considered innocent until proven guilty in a court of law.
When it comes to martial arts, self-defense, and related topics, no text, no matter how well written, can substitute for professional, hands-on instruction. These materials should be used for academic study only.
Contents
Acknowledgements
INTRODUCTION
SECTION 1: TRAINING
Rule #1: You and your partners go home safely at the end of each and every shift
Rule #2: The criminal goes to jail
Duty to Act When You Can’t Do Anything
The Levels of the Force Continuum
Level 4: Pain Compliance and Physical Control
Level 5: Damage
Level 6: Deadly Force
1.7 Factors and Circumstances
1.8 The Threat Is in Control
1.9 Scaling Force
1.10 The Final Note
SECTION 2: NEITHER HERE NOR THERE
2.1 Checks and Balances
2.2 Skills Taught at the Academy
Use of Force
Defensive Tactics
Firearms
Baton, OC, and Taser
Confrontational Simulations (ConSim)