Post on 31-Dec-2015
description
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Psychological and Physiological Realities of
Deadly Force Confrontations
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Topics of Discussion
• Introduction
• Dynamics of Deadly Force Confrontations
• U.S. Legal Standards and Court Decisions
• Practical Considerations for Drafting of Rules for the Use of Force (RUF) and/or Rules of Engagement (ROE)
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Basics Concerning Deadly Force Confrontations
• Combat is the Universal Human Phobia
• Human Beings have a natural aversion to inflicting physical violence on members of their own species
• Each deadly force confrontation is unique and involves a wide variety of subjective variables
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What Is Deadly Force?
• That force reasonably likely to result in death or seriously bodily injury to:
– Life
– Limb
– Eyesight
The firing of a weapon is by definition
the exercise of deadly force
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Human Nervous System
• Central Nervous System– Brain and Spinal Cord
• Peripheral Nervous System– Somatic Nervous System – Conscious– Autonomic Nervous System – Unconscious
• Sympathetic• Parasympathetic
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Dynamics of Deadly Force Confrontations
• Tache-Psyche
• Action v. Reaction
• Wound Ballistics
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Tache-Psyche Effect
• During a deadly force confrontation, the autonomic nervous system is in control
• The body automatically allocates resources to enhance chances of survival
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Fight or Flight
• Physical: Adrenaline dump– heart rate increased, blood
flow increased to major muscle groups
• Mental: Midbrain in control– Part of brain which has same
structure and function as animal brain
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Sensory Distortion
• Sight– Loss of near vision and depth perception– Loss of peripheral vision, i.e., “tunnel vision”– Heightened visual acuity
• Hearing– Auditory exclusion– Heightened auditory acuity
• Touch– Tactile sense deteriorates
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Cognitive/Thought Distortion
• Disjunction of time/space continuum
• Automatic behavior
• Memory loss or gaps
• Intrusive thoughts/Dissociation
• Temporary Paralysis
Effects of Hormonal Induced Heart Rate Increases
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160
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175 beats per minute: thought processing deteriorates, sensory distortion
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CONDITION BLACK
CONDITION RED155 beats per minute: complex motor skill deteriorates
CONDITION YELLOW115 beats per minute: fine motor skill deteriorates
CONDITION WHITE60-80 beats per minute: resting heart rate
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Implications
• There is no way to predetermine what sensory or cognitive distortion an individual will experience
• The body will focus on certain targets to the exclusion of others
• The body is effectively operating on auto-pilot. Training - good or bad - will take over
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Deputy Sheriff Dinkheller Shooting
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Action v. Reaction
• Bad guy decisions – When
• Good guy decisions – Three steps– Decision Time: Perceive threat and decide
on appropriate course of action– Response Time: Send nerve signals to
relevant muscle group– Mechanical Time: Physically complete
action, i.e., trigger breaks, hammer falls, firing pin is struck, firing pins strikes primer, etc.
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Action v. Reaction
• Under ideal conditions, reaction time is anywhere from 0.8 – 1.5 seconds
• Reaction time is further affected by:– Sudden, unexpected movements– Rapid and unpredictable movement of shooter and targets– Limited target opportunities– Low light or partially obstructed– Stress of sudden close, and personal violence
• “Tueller” Drills – 21 foot/6.5 meter rule
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Jewelry Store Police Killing
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Wound BallisticsPhysical Factors
• Penetration
• Permanent Wound Cavity
• Temporary Cavity
• Fragmentation
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Wound BallisticsRifle v. Pistol
• Pistol Bullets– Relatively slow impact velocities = no reliable fragmentation– Only means of incapacitation are tissue “crush” and
penetration into vital organs
• Rifle Bullets– Impact velocities high enough to
result in fragmentation
• Bigger holes better than smaller, deeper holes better than shallower, more holes better than fewer
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Wound BallisticsPsychological Factors
• Expectations– Security guard in bank robbery– Police officer in drug raid
• Will to Fight– FBI Shootout in Miami
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Wound BallisticsCommon Myths
• Heart shot will immediately incapacitate
• Sensory effects of bullet wounds are immediate
• “Knock-down” power of small arms
• “Center mass” shots always hit vital organs
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Trooper Coates Shooting
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U.S. Legal Standards
• Domestic use of deadly force is analyzed under 4th Amendment of the Constitution– Objective Reasonableness Standard
• Court Decisions– Graham v. Connor (1989)
• Reasonableness judged from perspective of law enforcement officer, not with “20/20” Hindsight
– Brown v. United States (1921)• Detached reflection not required in the presence of an
uplifted knife
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Deadly Force Standard for U.S. Military Personnel
• Standing Rules for the Use of Force– Inherent right of self-defense
– Deadly force is to be used only when all lesser means have failed or cannot reasonably be employed
– Reasonable belief that person poses risk of death or serious bodily harm
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Deadly Force Standard for Federal Law Enforcement Personnel
• Law enforcement agents/officers of the Department of Justice may use deadly force only when necessary, that is, when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person
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RUF/ROE Practical Considerations
• What is serious bodily injury or death?
• Minimum force/minimum number of shots
• Limitations on when weapon may be loaded/round in chamber
• Tache-Psyche & Investigations• Body armor and risk
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Warning Requirement???
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RUF/ROE Potential Problems
• Fear of using force/fear of weapons
• Qualification versus training mentality
• Misunderstanding of rules governing use of deadly force
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RUF/ROE Potential Problems
• Misunderstanding the tactical dynamics of a deadly force encounter
• Unclear command guidance
• “Accidental” discharge paranoia
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Consequences of Poorly Drafted or Misunderstood RUF/ROE
• Afghan robbers with AK-47 not threat!
• Green-zone Entry Control Point Guards
• Marines at Fallujah
• 82nd Airborne Division troops in Kosovo
• Sentry spotting insurgents setting bomb
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Conclusion
• Deadly force confrontations involve rapidly changing, dynamic, and unique circumstances
• The realities of Tache-Psyche, Action v. Reaction, and Wound Ballistics are present in all deadly force scenarios
• Effective RUF/ROE will be drafted with an understanding of these realties
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