Professional Documents
Culture Documents
Volume 74
Number 3
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001
12
The Cybersex Offender Law enforcement agencies must strive
The FBI Law Enforcement Bulletin and Children to fully understand and investigate
(ISSN-0014-5688) is published online criminals that sexually victimize
monthly by the Federal Bureau of By Arthur Bowker children.
Investigation, 935 Pennsylvania and Michael Gray
Avenue, N.W., Washington, D.C.
20535-0001. Periodicals postage paid
at Washington, D.C., and additional
24
Use of Force, Civil Litigation, The use of less lethal force poses
mailing offices. Postmaster: Send
address changes to Editor, FBI Law challenges for the law enforcement
Enforcement Bulletin, FBI Academy,
and the Taser
community.
Madison Building, Room 201, By Steve Hougland,
Quantico, VA 22135. Charlie Mesloh,
Editor
and Mark Henych
John E. Ott
Associate Editors
Cynthia L. Lewis
David W. MacWha Departments
Bunny S. Morris
Art Director
Denise Bennett Smith 8 Police Practice 22 Bulletin Reports
Assistant Art Director
MassMostWanted Crime
Stephanie L. Lowe
Web-Based Resources
This publication is produced by 10 Video Reviews Corrections
members of the Law Enforcement Autism and Law Enforcement Police Wellness
Communication Unit, Training and
Development Division.
18 Notable Speech 31 Book Review
Internet Address The Start of a New Lifestyle Officer-Involved Shootings
leb@fbiacademy.edu
and Use of Force
Send article submissions to Editor, 21 Unusual Weapon
FBI Law Enforcement Bulletin,
FBI Academy, Madison Building, Pager-Style Gun
Room 201, Quantico, VA 22135.
A
n effective interview interview and increase the like- using the Internet to facilitate
strategy is paramount lihood of eliciting a confession.1 their criminal activities.2 The
in gaining a confession Most subjects in child following interview strategy has
during a child pornography victimization image cases are proven successful when dealing
investigation. But, interrogative preferential sex offenders— with preferential sex offenders
techniques can prove difficult many of these individuals have in child pornography cases.3
because they require the exhibi- molested children; however,
tion of compassion for individ- their backgrounds often do Investigative Interview
uals that investigators may con- not identify a molestation con- Preparation
sider contemptible. Developing viction. While most of the In addition to basic investi-
a comprehensive interviewing subjects possess and distribute gative practices, investigators
strategy will make investigators child pornography, only a few can prepare for a successful
feel more comfortable at the produce it. Further, child por- interview strategy by obtaining
critical initial stages of the nographers are increasingly information from the FBI’s
March 2005 / 1
Innocent Images National investigators, the subject will that denial by the guilty usually
Initiative program, search know that his illegal activities weakens over time, whereas an
warrants, and informants or have been discovered and innocent person likely will
witnesses. Investigators should thoroughly investigated.4 become more enraged at each
obtain personal information accusation of criminal activity.
regarding the subject’s marital Initial Approach The subject also may protest his
status, criminal and employ- After investigators show innocence through such state-
ment history, and, especially, appropriate identification and ments as “I could not have done
community service because detail the purpose of the inter- this; I am a religious man” or “I
many subjects actively seek view to the subject, they should would not have done that; what
occupations and volunteer state their accusation. A direct would my family think?” Inves-
opportunities where contact accusation statement must be tigators should not interrupt
with children is certain to occur. convincing in its delivery. these types of protests because
Further, investigators can con- Typically, the suspect then will they usually are based, in part,
duct ruse telephone calls, as deny involvement and protest on the truth. Following the
well as trash and mail covers, to his innocence. If the subject subject’s protests, investigators
determine whether the subject states his denial (e.g., “I didn’t should incorporate these partial
listed on a particular Internet do it”), investigators immedi- truths into the interrogation
account under investigation ately should interrupt him. For process by using statements,
actually resides at a specific example, they can turn their such as “I’m glad to hear you
residence. These types of heads, possibly raising their say that; I know you’re a good
thorough preparation increase hands with palms facing the man” or “You are a religious
the probability of gaining a subject in a dismissive motion. man who is devoted to his
confession. Once confronted by Investigators should remember family.” After clearly accusing
the suspect, interviewers should
detail evidence against the
individual. Further, investiga-
tors should follow the accusa-
tion, denials, and protests with a
series of theme-development
strategies.
Theme Development
Many child pornography
suspects fear that their activities
will be revealed. Therefore,
investigators should address
this concern through theme
development as they approach
Special Agent Bowling is Special Agent Resch is assigned the interview. Interrogation
an instructor in the Law to the Behavioral Analysis Unit
Enforcement Communication in the FBI’s Critical Incident themes consist of rationalizing
Unit at the FBI Academy. Response Group. the crime, projecting blame
onto others, and minimizing
“
with their children. Once contacted at this time. Right
neglected, kids will do now, this matter is between
anything for attention.” you and me. I have no inter-
• Minimization: “We’re not est in contacting anyone
talking about hurting ...investigators must else until we talk. Child
children here. We’re respond with pornography has been
only talking about a few compassion and detected on your computer,
”
photographs. You’ve never understanding.... and, shortly, I will show you
harmed anyone.” a sample of the captured
Investigators should avoid images. I will do this so that
judgmental terms during the you can assure me that these
presentation of RPMs to pre- investigators can make state- are children simply from the
clude an eventual molestation ments, such as “Either you’re Internet and not kids you are
confession. After presenting a monster who preys on little hurting in the neighbor-
RPMs, investigators should children or you just possess a hood. My primary concern
look for signs of receptivity by few photographs of kids. Which today is to determine if any
the subject, such as crying, is it?” If the suspect rejects the children in the neighbor-
bowing the head, averting the bad-good option, investigators hood are being harmed. My
eyes, taking deep breaths, and then should start anew with priority today is to identify
slouching, suggesting that the RPMs, looking again for signs any child who may need
individual wants to admit his of receptivity before presenting help.
involvement in the crime. Once a reason to confess and another These statements establish
investigators observe signs of bad-good option. Investigators that investigators 1) are not the
receptivity, they should offer a can use the following example adversary; 2) have no doubt that
reason to confess, which deals to structure a child pornography the subject possesses child
with the subject’s present interrogation: pornography; 3) already have
situation and offers him hope. Mr. Doe, my name is Agent conducted surveillance of the
For example, “I know things Smith, FBI, and this is a subject’s computer; 4) poten-
have gotten out of hand despite warrant from a federal judge tially have sparked the subject’s
March 2005 / 3
Case Examples of Investigators Successfully Using Various Themes
to Obtain Child Pornography Confessions
interest in viewing some of the may molest neighborhood the full confession. Investiga-
evidence; and 5) have mini- children, the goal at this time is tors should continue to present
mized the child pornography as to achieve admissions through RPMs and observe the subject
being less serious than harming the usage of interrogative to give him a reason to confess
children. Although the subject techniques as a foundation for and a bad-good option.
“
out of. I don’t think you’re harm the children. Investigators
evil. But, I have to leave should have the subject initial
here today convinced that the images, verifying those that
while I know you are look- came from the Internet versus
ing at pictures of kids on the ...confessions keep children in his neighborhood.
Internet and masturbating, communities and The subject then reinforces his
you are not a monster living residents safe by confession in his attempt to
in the middle of an unsus- ensuring that deny activity with children.
pecting neighborhood. Are subjects no longer Then, investigators should
you hurting the neighbor- address the topic of actual
hood children or just down-
can victimize contact with children and
”
loading Internet child porn innocent children. identify victims with the intent
for your own sexual needs of distinguishing the subject’s
in the privacy of your own “young friends.” The subject
home? likely will identify children he
Investigators have given the children. Once they obtain the has not molested, but those
subject the option of confessing initial confession, investigators children can be interviewed
to the crime or confessing to then can continue to build on later to identify their friends
being a monster, not the option the same interview strategy to who may be victims.
of denying the crime. The acquire details regarding the With these admissions,
admission of masturbation or extent of the subject’s criminal investigators should remember
other sexual activity connected activity. the increased significance of
to the child pornography is child pornography as peripheral
important—subjects may be Confessions material in other violent crimes.
detained based on their admis- Investigators should build This method has resulted in the
sions that they actively used the from initial to complete confes- progressive admissions of
child pornography in a sexual sion. From possession to distri- individuals, starting with the
way, thereby creating a threat to bution to production, investiga- possession of pornography and
their communities. tors should guide the subject to ending with the confession that
March 2005 / 5
Elements of Interrogation
Convincingly Accuse the Suspect • Accept the protest and incorporate it into
• Tell the suspect you are aware he is involved providing reasons to confess.
in the crime.
Prevent Mental Withdrawal
• Show case facts and refer to real or implied
evidence to convince the suspect of the • Recognize that withdrawal often is a re-
futility of denial. sponse to failure of the denials and protests.
• Observe the suspect’s reaction. If he denies • Move closer and use the suspect’s name;
involvement, restate the accusation. If the force the suspect to listen.
suspect makes no denial, this is a strong • Present a sincere demeanor.
indicator of guilt.
Watch for Signs of Receptivity
Interrupt Denials by the Suspect • Observe telltale signs, mostly nonverbal in
• Interrupt and prevent any additional denial nature (e.g., subject establishing barriers,
attempts. drooping his head, leaning his body
• Realize that the guilty’s attempts at denial forward, crying).
will weaken; the innocent’s will get stronger • Reduce reasons to confess to a succinct
and angrier. concept.
• Tell the suspect it is his turn to listen.
Present a Bad-Good Option
Provide Reasons to Confess • Describe one option despicable in nature.
• Tell the suspect why he committed the crime: • Present another acceptable option that
rationalize, project, minimize (RPMs). follows with the reasons provided to
• Conduct a monologue with the subject if confess.
possible. • Suggest that the suspect’s actions were based
• Give acceptable reasons for the suspect to on the good option, rather than the bad.
admit the truth. • Ask the suspect to confirm this suggestion
• Remember that patience, persistence, and (a mere nod of the head will suffice).
patter are the keys to success. • Begin to elicit the confession if confirmed.
Spend more time developing the RPMs
Redirect Protests and reasons to confess if denied.
• Understand that protests are reasons for
innocence that the suspect provides. Investigators must refine and personalize this
template for each subject. It has proven most suc-
• Realize that usually only the guilty will cessful with preferential sex offenders who have
present protests because denials have failed. not been through the criminal justice system. In-
• Remember that protests usually have some vestigators may contact the FBI’s Behavioral
factual basis and, therefore, can be defended Analysis Unit at 703-632-4400 for assistance with
comfortably by the suspect; do not try to interview and investigative strategies, trial assis-
refute them. tance, and expert warrants and testimony.
Source: Edgar M. Miner, “The Importance of Listening in the Interview and Interrogation Process,” FBI Law
Enforcement Bulletin, June 1984, 12-16.
March 2005 / 7
Police Practice
MassMostWanted other officers. As more banks updated their sur-
An Online Tool veillance cameras by installing digital systems,
this process became easier and more effective.
for Law Enforcement Unfortunately, only people on the e-mail lists re-
By William G. Brooks III, M.A. ceived these pictures.
The working group recognized the need for a
March 2005 / 9
Video Reviews
Autism and Law Enforcement, produced well as the desire to please others, can create
by Dennis Debbaudt and directed by Dave confusion for investigators.
Legacy, April 2004. The segment on restraint and arrest high-
The video Autism and Law Enforcement pro- lights risks associated with physical control.
vides a quick and engaging education in autism People with autism typically lack the under-
that can help increase safety for both officers and standing that continued struggling may require
individuals with autism, as well as minimize the officers to use a higher level of force to restrain
potential for litigation that could occur as a result them. Lights and sirens can create too much
of a misunderstanding. Interviews and vignettes sensory input, causing even greater problems
involving people with autism concretely convey with communication and control. Approxi-
the reality of how challenging they can be to mately 40 percent of people with autism have
interact with and how vulnerable to crime and seizures, which stress can trigger. Additionally,
exploitation they are. Approximately 1 in every they may have underdeveloped trunk muscles
250 children born will be affected by some form making them unable to support their airways,
of autism, a developmental disability that usually which creates a high potential for positional
appears before the age of 3. Each will have asphyxia.
difficulty interacting socially and communicat- The 21-minute video has a break to accom-
ing, which will challenge police attempting to modate viewing at two roll calls. It provides an
help them or investigate crimes. accurate start in broadening the understanding of
The first challenge is recognizing that some- autism, which can only serve to increase offic-
one has autism. Only about 50 percent of people ers’ safety and that of people with autism. After
with autism speak, and they do so in non- viewing this video, officers will be better
conventional ways. In one segment of the video, equipped to consider autism when assessing be-
a young woman speaks rapidly, stringing to- havior during personal encounters. Officers who
gether her address and phone number as a result take the initiative to become acquainted with the
of rote memorization. People with autism typi- people in their communities who have autism
cally lack social skills and an understanding of will be even more prepared. The video’s pro-
societal norms. Consequently, others may per- ducer has an adult son with autism and is a
ceive them as belligerent. This is demonstrated committed advocate for people with autism and
in a segment with a young man who seems to a friend of law enforcement. His realistic expec-
mock an officer when he repeats back the tations, belief in police officers’ skills and well-
officer’s exact words and commands due to an meaning intentions, and interest in the safety of
associated behavior called echolalia. officers and people with autism come through
The video also illustrates how open to sug- with sincerity. To obtain ordering information,
gestion autistic individuals can be when inter- readers should call 772-398-9756 or visit http//
viewed. Four young adults are questioned indi- www.risingbird.net/asr/email.html.
vidually about Miranda and their understanding
of its meaning. When asked if they would “waive Reviewed by
their rights,” all four, with tentative smiles on Mary Otto
their faces, raise their right or left hand to wave Oregon Police Corps
at the interviewer. This literal interpretation, as Boring, Oregon
March 2005 / 11
The Cybersex Offender
and Children
By ARTHUR BOWKER, M.A., and MICHAEL GRAY
© Digital Stock
T he law enforcement
community increasingly
faces situations involv-
ing explicit chat discussions and
lurking in the Internet’s shad-
ows, these individuals are
particularly threatening to the
community. From the safety of
for purposes that may include
viewing, storing, producing,
sending, and receiving child
pornography; contacting,
other disturbing online activities their homes, pedophiles can use grooming, and enticing juve-
that victimize minors. Officers the Internet to anonymously and niles for victimization; and
encounter troubling images and simultaneously prepare numer- communicating with (and, thus,
dialogue during undercover ous children for future molesta- helping to validate) each other.
operations, as well as other tions. With the click of a Upon their apprehension, these
types of efforts, such as com- mouse, child pornographers individuals often will attempt
puter forensic examinations easily can distribute their to justify their actions. Law
targeted at locating missing collections to many other enforcement officers must learn
children. offenders or even to juveniles. to identify and understand such
Because of the capabilities Cybersex offenders who tar- offenders to effectively diffuse
that computers offer criminals get young people use computers their defenses and lay the
March 2005 / 13
which they were convicted. One interests. Thus, the behavior would prove harder and riskier
study described a ratio of nearly becomes reinforced, perhaps to accomplish in the real
30 additional similar crimes to emboldening them to commit world.
each offense.3 Evidence also acts, such as sex with a child, Three, digital equipment
pointed to a comparative fre- in the real world. greatly enhances the ability to
quency of reoffending among Cybersex offenders find the store, catalog, and retrieve the
individuals guilty of child computer and the Internet com- offender’s collection. A com-
pornography. Specifically, a pelling tools in their deviant puter can maintain thousands
study of 54 federal offenders behavior for four general rea- of pornographic files and keep
convicted of possession or sons. One, the Internet provides them hidden from family mem-
distribution found 1,371 victims them with anonymity. They can bers and employers yet readily
of contact sexual crimes never communicate with whomever available for the subject’s
detected by the criminal justice they want with little fear that viewing and other purposes.
system.4 someone will discover or iden- Four, advanced technologies
Offenders who misuse the tify them. Further, individuals permit anyone to produce
Internet to commit lewd acts can portray anyone (e.g., some- pornography. Offenders easily
involving juveniles have found one from the opposite sex, can morph innocent pictures
a sense of validation from one single, more attractive, less into explicit ones; they even can
another. Before the advent of overweight, or similar in age put themselves into the images.
the Internet, individuals with to the victim) in their attempts These individuals also can take
deviant tendencies usually were to entice juveniles online. digital photos of their victims
isolated. Today, however, Two, using computers, sex without worrying about the
offenders feel normal because offenders can groom multiple risks associated with having
they see from chat rooms and victims not only over an ex- the film developed.
Web sites that many other tended period of time but
individuals have the same simultaneously. Such activity Types of Offenders
Three types of offenders
exist: 1) the dabbler (curious
individuals with access to child
Sample Online Chat pornography or to a dealer);
2) the preferential offender
Man4y: Hi, babe! (the person with deviant sexual
Girl11: Hi. interests involving juveniles);
and 3) the miscellaneous of-
Man4y: Are we still meeting tonight?
fender (pranksters or misguided
Girl11: For sure! My parents think I am going to individuals who possess these
a friend’s house. materials as a result of their
Man4y: Kool! I can’t wait to be your first lover. own investigations).5 Deter-
Will pick you up in my blue truck at the mining which category a subject
mall at 5 p.m. I have a room reserved so falls under involves examining
we can explore together in private! the files found in the offender’s
possession, the individual’s
equipment and ISP, the
“
Investigators should exam-
ine the files found in the Equipment and ISP
offender’s possession to gain An examination of offend-
insight into the subject’s level ers’ equipment also provides
of interest and deviancy and Because of the insight into their activities.
foreclose several defenses. capabilities that Top-of-the-line hardware (e.g.,
Areas of consideration should computers offer... computers, scanners, and digital
include file quantity, themes, these individuals cameras) may reflect an interest
types, organization, locations, are particularly in producing or viewing high-
and uses. threatening to quality pornographic images.
Obviously, the quantity of Large hard drives could reveal
”
files according to theme will
the community. an individual’s desire to store a
reveal an individual’s level of library of image files, as they
interest and deviancy in par- take a lot of space. State-of-the-
ticular areas. Officers should art equipment not only provides
compare the number of porno- A system of well-organized faster access to images for
graphic images containing files also proves significant viewing but the ability to
children with the overall size because it indicates active produce and distribute child
of the subject’s collection. And, offender participation. For pornography as well.
authorities should see if the example, did the subject leave An ISP also can reveal the
individual possesses violent them in temporary Internet offender’s ability to download
materials (e.g., rape and torture folders or intentionally save images. For instance, cable
themes); this provides further them in specific locations connections will offer faster
insight into what type of of- according to areas of interest? Internet speeds and better
fender investigators are dealing Finally, how did the offend- capabilities to subjects than
with. In this regard, officers er use the images (e.g., as mas- dial-up services. Certainly, an
may find file names (e.g., turbation material)? How many individual who spends a lot of
March 2005 / 15
Common Defenses axe, gasoline, and garbage bags
• I downloaded them by accident. to his meeting with an investi-
• I did not know it was child pornography. gator posing as a minor.
• It was just fantasy. I never intended to have sex Other Activities
with a minor. Officers also should exam-
• I just had dirty pictures. I did not hurt anyone. ine the offender’s real world
activities. For instance, does the
• A hacker put these files on my computer.
subject’s current or prior em-
• I have them so I will not abuse children. ployment involve juveniles?
Has the person volunteered in
activities involving children
(e.g., coaching little league)?
Does the individual reside near
time downloading files with a with the offender? How many places where juveniles frequent
slow service has demonstrated names were regular contacts or do children live in the home?
willingness and commitment in (e.g., in a chat buddy list or in Offenders who organize their
obtaining them. the e-mail address book), and lives around young people
did these include other adults indicate that they may be drawn
Online Behavior or juveniles? If grown-ups, were to minors and that additional
Investigators also must they other individuals interested victims may exist.
examine an offender’s online in child porn? How many Also, does this person have
activities. For instance, how messages, with and without an extensive record of foreign
many screen names does the attachments, did the subject travel (perhaps, to a country that
subject use? Do any of them send and receive? What were does not aggressively enforce
suggest some deviant interest? the offender’s favorite Web laws prohibiting sex acts with
Does the individual have a sites, and did the individual pay minors)? And, does the
screen profile? If so, what for access to online porn? Did individual’s prior record include
interests does it mention? Does the subject use file-sharing sex crimes? In this regard,
it include the offender’s photo? programs to obtain and trade probation and parole agencies
Is the profile accurate? Or, did images? increasingly use monitoring
the person provide false infor- What was discussed in software and hardware that
mation (e.g., pertaining to age messages and chats involving records released offenders’
or gender) to entice the child? the offender? If involved with activities and, where appropri-
Investigators also must con- any meetings with juveniles or ate, provides investigators with
sider how long the offender has undercover officers, did the additional evidence as to a
had access to the Internet and, subject bring any suspicious subject’s online behavior.
in that period, how much time items (e.g., digital cameras,
the individual has spent online, condoms, sex toys, weapons, or CONCLUSION
particularly during hours when drugs)? One chilling example The cybersex offender poses
juveniles would be logged on involved an offender arrested in a unique and troubling risk to
(e.g., after school). Also, how an undercover sting operation in juveniles. The law enforcement
many people communicated which he brought a shovel, an community must learn to fully
Subscribe Now
March 2005 / 17
Notable Speech
The Start of a New Lifestyle are women, bringing the number of women in the
A Police Officer’s Mission department to 136, a 14 percent average, which is
By Debbie Kuidis
slightly above the national average of 13 percent.
This class began on January 12 with 13 women and
G
ended with 13 women. Just to give you something
ood afternoon, graduates of the 89th cadet to strive for, there are 200 female police chiefs in
class, families, and friends. Thank you for the United States, one happens to be my current
asking me to be a part of your celebration. I will chief. She has been a police officer for 30 years,
keep my comments brief because I know you all making her one of the pioneers who smoothed the
have waited 23 long, hard weeks to get your waters for us as we continue to make our mark on
badges and to be called officers instead of cadets. I this profession. But, this is not going to be a speech
remember this day like it was yesterday, and I on gender because, as everyone knows, we wear
know your heart is beating just as hard as mine the same uniform, complete the same training, and
right now, but for different reasons. This is your meet the same standards as the men in this class.
day, but it is the honor of a lifetime for me to share Another distinction is that this class began with
it with you. I wanted to be a police officer ever 36 people and only lost 3. Losing only 3 cadets is
since I was a child, and, as you can see, no matter unheard of, and I believe it speaks directly to the
how hard you try, when you retire, it never leaves character of the men and women in this class.
your blood. It is a very personal mission—one that Members of the 89th cadet class, today you
requires a deep commitment from the heart. begin a new career and a new life as an Albuquer-
Before I direct my remarks solely to the 33 que police officer. You have proven yourselves
members of this class, I want to say something to
the family and friends of these cadets because they
Commander Debbie Kuidis,
also share your accomplishments today. They have a retired deputy chief of the
encouraged you through these difficult months of Albuquerque, New Mexico,
training, and they will continue to stand by you Police Department who
currently serves with the
and, in many ways, live the job as you live it. University of New Mexico
Family and friends, I know that your emotions are Police Department,
running wild right now, going from extreme pride delivered this speech at
the Albuquerque Police
to concern, but, let me assure all of you, this staff Department recruit
did everything possible to make sure that these graduation exercises
new officers come home safe every night. For the on June 18, 2004.
“
cent citizens. Do not let the few taken a lifetime to achieve, but it
who are not influence your opin- can take only seconds to destroy.
ion of the community that is de- ...remember the Unfortunately, the public retains
pending on you to protect it. You majority of the memories of bad incidents con-
also will see the good in people, people we serve are cerning police far longer than it
from acts of kindness to acts of honest, decent remembers favorable ones. You
courage. People will look up to citizens. were carefully chosen because
you as their hero because what APD believed you already had
”
sets us apart is that we are ex- good values instilled in you since
pected to risk our lives, not only childhood. What you once knew
for each other but for a total to be right and wrong is still right
stranger. Law enforcement is and wrong. We all are expecting
one of the more self-sacrificing occupations in you to do the right thing even when nobody is
society. Thousands of officers have given their looking or, in these days, videotaping you. Trust
lives for this profession—never blemish their me, it takes less time to do the right thing than to
reputations. explain why you did it wrong. So, when you get out
Not only is our fight against crime anymore; there on the street and you experience the expecta-
we have an additional focus that we never had tions, the challenges, the discouragements, and the
before—the fight against terrorism. The events of temptations and you forget what your academy
September 11th have called upon us to make the instructors told you to do in a certain situation, just
world safe and free. You are guardians of freedom think back to the morals your family taught you
and our cherished freedom does not come without and everything will work out on its own. The
a price. You are what stands between good and police academy can teach you a lot, but they can’t
evil, right and wrong. One month after the Septem- teach you integrity, good judgment, or how to be
ber 11th attacks, I went to New York to conduct compassionate. Either you have it or you don’t and
grief counseling for the police officers and APD is betting its reputation that you have it.
March 2005 / 19
Someone once said, “If you have integrity, nothing man’s character, give him power.” Your biggest
else matters. If you don’t have integrity, nothing and greatest weapon is not your gun—it’s your
else matters.” discretion. This profession calls for free thinking,
You always are expected to treat every single open-mindedness, and innovation in responding to
person with whom you come in contact, and I mean community needs. A U.S. Supreme Court justice
from the mayor to the homeless, with the utmost said that an officer makes more decisions daily
respect and dignity. We are reminded of this by the affecting the lives of people than a judge will in a
sentiment on former president Ronald Reagan’s week. Twenty years from now when you retire, it is
crypt, which reads, “...there is purpose and worth not going to matter how many tickets you gave or
to each and every life.” Now, I am not saying that arrests you made; what is going to matter was
all people you come into contact with will return whether or not you compromised your integrity
the favor. There is a term known as “contempt of and how you did your job. Some of you will rise
cop,” and you will know it the minute it happens to through the ranks and become supervisors, even
you. Someone is going to do something to disre- chiefs, someday. Start being leaders and role mod-
spect you. We all have had it happen to us; but, I els today. And, when you do get those stripes, bars,
am telling you right now, let it go. Because if you or stars, remember what my chief told me recently,
don’t, you are going to do something you will “People should know what rank you are by the way
regret. It’s not worth it. Master your anger. Rise you act, without even looking at your collar brass.”
above it. Besides, it’s not you personally they are In a few moments, you will raise your hand and
disrespecting, it is what you represent. repeat words contained in your oath of office.
This department also demands that you will I have been where you are, and you are just so
never abuse your power or use excessive force. excited to be here that you don’t realize the impact
Abraham Lincoln said, “...if you want to test a of those words. Those words will change your life.
Unusual Weapon
Pager-Style Gun
This pager-style gun is a metal firearm in a plastic grip. It is a .22-caliber revolver that fires
five shots and is designed with a clip to be carried on a belt or in a pocket.
March 2005 / 21
Bulletin Reports
Crime
The Bureau of Justice Statistics (BJS) presents Crime and the
Nation’s Households, 2003, which features national estimates for
the percentage of households with one or more persons victimized
by crime as measured by the National Crime Victimization Survey.
Information is provided on homes experiencing violent and prop-
erty crimes, vandalism, and intimate partner violence. Findings are
presented by race; region; type of location (urban, suburban, or
rural); and household size. Overall trends since 1994 are included
and comparisons with 2002 are made. Highlights include the fol-
lowing: between 2002 and 2003, the percentage of homes experi-
encing crimes (about 15 percent) did not change significantly; in
2003, about 3 in 1,000 households included a member victimized
by an intimate partner, such as a
current or former spouse, boyfriend,
or girlfriend; and in 2003, about 1 in
every 26 homes was either burglar-
Web-Based Resources
ized or had a member aged 12 or older The Police Assessment Resource Center
who experienced a violent crime (PARC) supports the wide spectrum of people who
committed by a stranger. This report perform police oversight—those inside law en-
is available electronically at http:// forcement, such as police executives and adminis-
www.ojp.usdoj.gov/bjs/pub/pdf/ trators of internal affairs units and risk manage-
cnh03.pdf or by contacting the ment bureaus, and those outside, such as
National Criminal Justice Reference government officials, court-appointed monitors,
Service at 800-851-3420. inspectors general, police commissioners, and
review board members. PARC provides resources,
advice, and assistance to those who have responsi-
bilities to their communities or constituents in deal-
ing with the consequences of police misconduct. Its
Web site, http://www.parc.info, includes an over-
view of the center, descriptions of its current
projects, publications and reports, a staff list,
upcoming events, and related links.
Bulletin Reports is an edited collection of criminal justice studies, reports, and project findings. Send your
material for consideration to: FBI Law Enforcement Bulletin, Room 201, Madison Building, FBI Academy,
Quantico, VA 22135. (NOTE: The material in this section is intended to be strictly an information source and
should not be considered an endorsement by the FBI for any product or service.)
March 2005 / 23
Use of Force, Civil Litigation,
and the Taser
One Agency’s Experience
By STEVE HOUGLAND, Ph.D., CHARLIE MESLOH, Ph.D., and MARK HENYCH, Ph.D.
© Charlie Mesloh
L aw enforcement’s
mission—to maintain
peace and order—is a
tenuous one complicated by a
while protecting citizens,
themselves, or other officers
from harm. This force, when
legitimately and properly
consequences may include civil
disturbances, riots, property
damage, political jeopardy, and
civil liability for all interested
myriad of factors that seem applied, represents an essential parties.1 Thus, use of force
unique to every situation offic- element in maintaining an frequently may impact the
ers must handle, whether quell- ordered society. development of public policy
ing a disturbance or apprehend- and how it is administered in
ing a suspect. This being the THE PROBLEM practice. Current public policy
case, officers of the law some- Use of force has tremendous requires officers in the field to
times are required to use force implications for law enforce- use the minimum amount of
in the course of their duties, ment officers and their agencies. force necessary to effect an
whether during an arrest or Some of the unintended arrest or quell a disturbance.
March 2005 / 25
© Charlie Mesloh
Breakdown of Weapons
2001 2002 2003
Weapon Type No. Percent No. Percent No. Percent
Note: Weapon type does not add to total uses of force because more than one weapon may have been
employed in the incidents.
Source: Orange County, Florida, Sheriff’s Office
March 2005 / 27
less than 13 percent of the deployments at this level. This opportunity (i.e., already having
weapons used in 2003, while begs the question: Is the Taser a Taser drawn), but they cer-
Taser use rose to almost 78 an appropriate response to a tainly warrant further research.
percent. This is important to level three threat?23 Clearly, even in deadly force
note because the other less The majority (69 percent) situations, officers considered
lethal tools were available, yet of OCSO Taser deployments the Taser an effective weapon.
officers chose the Taser. Al- occurred in response to level This bodes well for law enforce-
though no current studies exist four (active physical) resistance. ment professionals who, along
that explain this shift, it seems This suggested that officers the same line as medical doc-
that officers may have perceived might not have believed that tors, take an oath to protect
the Taser as more effective and the Taser was an appropriate lives, not take them.
less likely to cause injury.22 response to level three (passive
An analysis by OCSO reported physical) resistance, but, in- Recent Research
a reduction of 50 percent in stead, most advisable in situa- In an attempt to examine
officer injuries, as well as 23 tions involving level four student perceptions of local law
incidents where officers did (active physical) resistance. enforcement and its effective-
not have to use deadly force to Unexpectedly and of great ness, the University of Central
bring a confrontational situation importance, 18 Taser deploy- Florida Police Department
to a peaceful resolution. ments by OCSO personnel in conducted a study in the spring
OCSO policy allows Taser 2003 took place when suspect of 2004 as part of its annual
use at a level three (passive resistance merited the use of assessment of services. The
physical) resistance, such as deadly force, authorized both study included key questions
when a subject refuses to com- by law and OCSO policy. It examining student perceptions
ply with a verbal command. remained unclear whether these of the use of force, including
However, the agency noted deployments were a result of less lethal weapons.24
only a small number of conscious decision or by The researchers obtained a
total of 1,200 completed sur-
veys from the student popula-
tion of approximately 41,000. In
Taser Deployments by Level of Resistance addition to the basic assessment
of service, a number of ques-
No. Percent tions relating to the appropriate-
ness of specific less lethal force
Level three: passive physical 31 6 responses to a hypothetical law
Level four: active physical 332 69 enforcement encounter were
Level five: aggressive physical 100 21 offered. One example stated, “A
Level six: deadly force 18 4 suspect violently resists arrest
and attempts to injure law
Total Incidents 481 enforcement officers. How
appropriate are the following
Source: Orange County, Florida, Sheriff’s Office responses on the part of the
police?” The students reviewed
March 2005 / 29
14
precursor to future less lethal Crime and Delinquency 44, no. 2 (1998): K. Peak, Justice Administration:
research findings that the 295-313. Police, Courts, and Corrections
5
Supra note 2 (Bell). Management (New York, NY: Prentice
authors currently are examining. 6
Supra note 2 (Christensen). Hall, 2000), 248.
They hope that their endeavors 7
Supra notes 2 (Christensen) and 4 15
National Institute of Justice, National
will offer insight to the nuances (Ross); and M.R. Smith, “Integrating Security Research, Inc., Department of
of the force continuum and the Community Policing and the Use of Force: Defense Nonlethal Weapons and Equip-
resulting impact on law en- Public Education, Involvement, and ment Review: A Research Guide for Civil
Accountability, American Journal of Police Law Enforcement and Corrections
forcement officers and their 13, no. 4 (1994). (Washington, DC, 2002); retrieved on
agencies. 8
Supra note 2 (Fisk). June 29, 2004, from http://www.ncjrs.org/
9
Supra note 2 (McCoy). pdffiles1/nij/grants/200516.pdf.
10 16
403 U.S. 388 (1971). T. Donnelly, Less Lethal Technolo-
“
Endnotes gies Initial Prioritization and Evaluation
1
Mark Blumberg, “Police Use of (Hertfordshire, UK: Police Scientific
Deadly Force: Exploring Some Key Development Branch, 2001), 1.
17
Issues,” in Thomas Barker and David B. Rappert, Nonlethal Weapons as
Carter, Police Deviance (Cincinnati, OH: Legitimizing Forces? Technology, Politics,
Anderson Publishing, 1993). and the Management of Conflict (London,
2
J. Bell, “Lawsuits Against Police
The use of the Taser UK: Frank Cass Publishers, 2003).
Rising,” The Hamilton Spectator (Ontario, and its placement 18
D. Laur, Canadian Police Research
Canada), April 18, 2001, sec. A, p. 8; D. on the force Center, Taser Technology Research Paper
Christensen, “Blood Money,” Miami Daily continuum appears (Victoria, BC, 2000).
19
Business Review, November 15, 2001, sec. Supra note 16.
A, p. 1; M. Fisk, “Juries Turning Sour consistent with 20
Supra note 18; and Taser Interna-
Toward Police,” Broward Daily Business public perception and tional Web site at http://www.taser.com.
21
Review, July 5, 2001, sec. A, p. 12; and law enforcement Taser International; retrieved on
”
C. McCoy, “Lawsuits Against the Police— August 5, 2004, from http://
What Impact Do They Really Have?”
application. www.taser.com/pages/pr/pr.html.
22
Criminal Law Bulletin 20, no. 1 (1983): The authors recognize that contro-
49-56. versy recently has arisen regarding safety
3
B. Ostrom, N. Kauder, and R. issues surrounding Taser use. However,
LaFountain, Examining the Work of State such concerns fell outside the parameters
11
Courts, 2001: A National Perspective from Cincinnati Enquirer, June 23, 2002; of their research, which focused primarily
the Court Statistics Project (Williamsburg, retrieved on August 5, 2004, from http:// on the type of force used, deadly versus
VA: National Center for State Courts, www.enquirer.com/editions/2002/06/23/ less lethal, in response to the level of
2001). loc_settlements_in.html. resistance.
4 12 23
D. Ross, “Emerging Trends in Police Supra note 7 (Smith); A. Pate and L. Recently, a number of chiefs of
Failure to Train Liability,” Policing: An Fridell, Police Foundation, Police Use of police in Orange County decided to raise
International Journal of Police Strategies Force: Official Reports, Citizen Com- the level of resistance from three to four
and Management 23, no. 2 (2000): 169- plaints, and Legal Consequences (Wash- for Taser use. See Pedro Ruz Gutierrez,
193; A.R. Stafford, “Lawsuits Against the ington, DC, 1995); and P. Montgomery, “Taser Use Reined in by Policy Changes:
Police: Reasons for the Proliferation of “Anger Long Is Rising Among Miami Bar Raised on When to Use Stun Guns,”
Litigation in the Past Decade,” Journal of Blacks,” New York Times, May 19, 1980, Orlando Sentinel, July 15, 2004, sec. B,
Police and Criminal Psychology 2, no. 1 sec A., p. 1. p.1.
13 24
(1986): 30-34; and R. Worrall, “Adminis- E. Bittner, National Institute of In some cases, OCSO provides ser-
trative Determinants of Civil Liability Mental Health, The Functions of the Police vice to the University of Central Florida,
Lawsuits Against Municipal Police in Modern Society (Chevy Chase, MD, which is located in Orange County.
Departments: An Exploratory Analysis,” 1970), 36.
Officer-Involved Shootings and Use of existing one. The author also provides infor-
Force: Practical Investigative Techniques by mation on alternatives to the use of deadly
David E. Hatch, CRC Press, Washington, force supported with a case study.
D.C., 2003. A model policy is likewise presented in-
Officer-Involved Shootings and Use of volving shooting incidents requiring a multi-
Force: Practical Investigative Techniques pro- jurisdictional investigation, including venue
vides investigators and administrators at all determination, legal representation, team com-
levels of the criminal justice system with state- position, evidence retention, required docu-
of-the-art model policies and investigative pro- mentation, administrative reviews, and presen-
tocol techniques for conducting an effective tation to the prosecutor. Further, excellent
and well-documented investigation of shoot- information is supplied for jurisdictions on
ing incidents involving law enforcement per- proper responding to and handling of the
sonnel. The book, a comprehensive compila- media, as well as an excellent model on
tion of experiences, includes case studies responding to post-traumatic stress disorders
supported by well-thought-out documentation. concerning law enforcement members. Strong
It allows concerned agencies at all levels in the points of the book include, but are not limited
criminal justice system to improve existing to, the various contained models and templates
policies and procedures or to use the contents that can be written and tailored to any law
of the book and its models as a benchmark to enforcement level in all jurisdictions and a use-
check established investigative techniques. of-force continuum model for investigations
The book contains an outstanding presen- assisted by a comprehensive outlined policy of
tation of guidelines, authority, and assignment an overall incident investigation.
responsibility to establish the best organiza- Content in Officer-Involved Shootings and
tional team structure to investigate shootings, Use of Force: Practical Investigative Tech-
use-of-force incidents, in-custody deaths, and niques can apply to all city, county, state, and
other high-profile events involving law federal law enforcement jurisdictions, includ-
enforcement members. The author sets forth an ing their direct and indirect support functions
exemplary protocol concerning incident scene in the criminal justice system. It is a book
investigation of deceased, injured, and unin- of high concern with critical information and
jured suspects and witnesses, as well as the models that investigators, administrators, in-
proper techniques of interviewing and protect- service and academy training development
ing an involved employee’s welfare and civil members, and policy and procedure writers
rights. will find extremely useful.
In addition, the book offers an outstanding
chapter on investigating forced and assisted Reviewed by
suicide incidents laced with strategies for crisis Larry R. Moore
negotiators and first responders. A model of Certified Emergency Manager
a community review board is included for International Association of
review or adoption by those local boards Emergency Managers
attempting to create a policy or update an Knoxville, Tennessee
March 2005 / 31
FBI Law Enforcement Bulletin
Author Guidelines
Official Business
Penalty for Private Use $300
Patch Call
The patch of the Acadia Parish, Louisiana, The patch of the Wellesley, Massachusetts,
Sheriff’s Office features symbols representing Police Department features the town seal, which
Louisiana State University at Eunice and the area’s includes two arrows and a tomahawk representing
corn, rice, cattle, agribusiness, and oil and gas the Maugus and Nehoiden Indians; an open book
industries. At the center is an outline of Acadia symbolizing Wellesley College; and a flower hon-
Parish. oring the world-renowned gardens of the town’s
benefactor.