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Law Enforcement, Corrections,
Private Security, and Civilian
Risk Management

Law Enforcement Use-of-Force Risk Management
Copyright 2001 by LAAW International, Inc.  All rights reserved.

Perils
(Exposures to the risk of injury, damage, or loss during a use-of-force event.)

Hazards
(Danger/Peril - Conditions that make possible a loss from a given peril)

Loss Exposures
(A loss can be economic, personal (including incarceration), property, etc.)

Accountability
(A societal assignment of responsibility for damage,  injury, inappropriate action)

Risk (Loss) Reduction
(Does not necessarily reduce "risk," rather it reduces the possibility of "loss")

Injury, Damage, or Allegation of Inappropriate Force, During a Law Enforcement Officer's Use of Force to/by:
- Innocent person
- Non-innocent free person
- Seized free person
- Non-Seized free person
- Pre-Trial Detainee
- Persons Convicted & Incarcerated

Broad Law Enforcement Activities:
- Investigation Interaction
- Detention
- Arrest
- Self-Defense
- Defense of Others
- Defense of Property
- Providing Medical Aid
- Jurisdictional issue

Examples, Types of Specific Events Giving Rise to Use-of-Force Incidents:
- Innocent Person in Vicinity of Interaction With Force Recipient (e.g. hostage, innocent bystander)
- Resisting Person
- Threatening Person
- Attacking Person
- Searching Person
- Restraining Person
- Pursuit of Person
- Providing Aid to Person
- Transporting Person
- Assisting Another Agency
- Off-Duty Event

Legal Accountability Standards:
- Lack of provable knowledge and competence

Societal Hazards:
- Inappropriate scrutiny
- Special interest group

Agency Created/Enhanced Hazards: Less than perfect:
- Screening
- Hiring
- Entrustment
- Direction
- Training
- Assignment
- Supervision
- Discipline
- Retention

Moral Hazards:
Officer:
- Inappropriate attitudes
_- I am "God" attitude
_
- the law does not apply to me or my behavior

Suspect:
- I can disregard officer's orders/commands
- Assaulting, fighting, resisting officers

Supervisor:
- Self survival at any cost.
- Push in Front of Bus Syn

Government Entity:
- Lack of fairness
- Officers are fungible

(In addition to Societal Accountability Mechanisms)

Officer Perils:
- Death
- Permanent Injury
- Temporary Injury
- Psychological Injury
- Property Injury
- Employment Injury
- Economic Injury
- Future Career Injury

Force Recipient Perils:
- Death
- Permanent Injury
- Temporary Injury
- Psychological Injury
- Property Injury
- Economic Injury

Supervisory Perils:
- Economic Injury
- Employment Injury
- Future Career Injury

Government Entity Perils:
- Economic Injury
- Budgetary Injury
- Property Injury
- Political Injury

Involved Officers:
- Fed. Criminal Prosecution
- State Criminal Prosecution
- Fed. Civil Liability
_ - Punitive Damages
- State Civil Liability
- Internal Discipline/Action
- Loss of Officer License
- Career Ending

Other Officers/Supervisors:
- Fed. Civil Liability
_
- Punitive Damages
- State Civil Liability
- Internal Discipline/Action
- Political Demise
- Loss of Officer License
- Career Ending

Government Entity:
- Federal Civil Liability
_
- No Punitive Damages
- State Civil Liability
- Employment Practices
- Workers' Compensation
- Loss of Insurance
- Budget/Resource Decline
- Additional Outside Scrutiny or Oversight
_- Community Oversight
_- Federal Oversight

Other Scrutiny:
- Community Chastisement
- Media Criticism
- Special Interest Groups
- Political Injury

1st Tier (Reduce Indirect):
Monell (Direction) Issues:

Canton/Farmer Issues:
- Screening
- Hiring
- Entrustment
- Direction
- Training
- Assignment
- Supervision
- Discipline
- Retention

2nd Tier (Reduce Direct):

Eliminate KNOWING Misconduct: - By ensuring:
- Professionalism
- Integrity
- Fairness
- Accountability
- Knowledge

Eliminate UNKNOWING Misconduct:
- Guidance
- Entrustment
- Training
- Supervision

3rd Tier ( Reduce Internal):
- Morale
- Trust and Fairness

4th Tier (Reduce Perceptual):
- Media Relationships
- Community Partnerships
- Community Outreach
- Special Interest Groups
- Immediate Aftermath Mgt.