FBI Law Enforcement Bulletin - Sept04leb

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13 Unusual WeaponKey Knife

14 Bulletin ReportsDomestic ViolenceCommunity PolicingCorrectionsCourts

Current Best Practices By Donald C. Sheehan,

George S. Everly, Jr.,and Alan Langlieb

Testifying in the Theaterof the Courtroom

By Joe Navarro

1

How law enforcement officers dress,speak, and behave can determine

jurors’ perceptions.

A number of agencies have developed workable programs for dealing with acutely stressful events.

26

Departments

ISSN 0014-5688 USPS 383-310

Features

16 PerspectiveThe Future of Privacy

in Law Enforcement

24 Book ReviewFear Less

31 Notable SpeechThe Neighborhood Watch

United StatesDepartment of Justice

Federal Bureau of InvestigationWashington, DC 20535-0001

Robert S. Mueller IIIDirector

Contributors’ opinions and statementsshould not be considered an

endorsement by the FBI for any policy,program, or service.

The attorney general has determinedthat the publication of this periodical is

necessary in the transaction of thepublic business required by law. Use

of funds for printing this periodical hasbeen approved by the director of theOffice of Management and Budget.

The FBI Law Enforcement Bulletin (ISSN-0014-5688) is publishedmonthly by the Federal Bureau ofInvestigation, 935 Pennsylvania

Avenue, N.W., Washington, D.C.20535-0001. Periodicals postage paid

at Washington, D.C., and additionalmailing offices. Postmaster: Sendaddress changes to Editor, FBI Law Enforcement Bulletin , FBI Academy,

Madison Building, Room 201,Quantico, VA 22135.

Editor

John E. OttAssociate Editors

Cynthia L. LewisDavid W. MacWha

Bunny S. MorrisArt Director

Denise Bennett SmithAssistant Art Director

Stephanie L. Lowe

This publication is produced bymembers of the Law Enforcement

Communication Unit, Training Division.

Internet [email protected]

Cover Photo © Ronald Jeffers

Send article submissions to Editor,FBI Law Enforcement Bulletin ,

FBI Academy, Madison Building,Room 201, Quantico, VA 22135.

September 2004Volume 73Number 9



September 2004 / 1

he combined tragediesof September 11, 2001,have merged into aT

significant American genera-tional marker not experiencedsince the assassination of President John F. Kennedy.

Nowhere have the cascadingconsequences of these water-shed events impacted more than

on the law enforcement profes-sion. Critical incidents area recognized part of the lawenforcement experience. After all, it is a high-risk profession.

Normally, critical incidentsoccur on a small scale, affectonly a few people, and causeonly short-term burdens onexisting organizationalresources. The events related toSeptember 11th, however,clearly deviated from the norm.Protecting human resourceswithin law enforcement alwayshas been a challenge, butcritical incidents, such as those

experienced on September 11th, pose extraordinary difficultiesrequiring extreme responses.From such adversities invari-ably come innovations, lessonslearned, and, ultimately, evengreater response capabilities.

Reviewing the evolving practices of uniquely experi-enced organizations, commonlyreferred to as an analysis of best

practices, can prove informa-tive. Therefore, the authors haveundertaken such an analysis of

Current

Best Practices Coping with

Major Critical Incidents

By DONALD C. SHEEHAN,GEORGE S. EVERLY, Jr.,

and ALAN LANGLIEB

© Charles E. Greer



2 / FBI Law Enforcement Bulletin

Compiling Authors Donald C. Sheehan, George S. Everly, Jr., and Alan Langlieb, from the law enforcement and academic communities of the FBI, Loyola College in Maryland,and Johns Hopkins University, formed an alliance with the contributing authors to honor the valiant law enforcement professionals who gave their lives in the performance of their duties during the terrorist attacks of September 11, 2001,and to offer assistance to those who survived, yet carry not only the physical scars but the psychological traumas as well.

some of America’s uniquelyexperienced law enforcementorganizations regarding their ongoing efforts to assist their

personnel in coping with criticalincidents, both small and largescale. As the first survey of its kind, this may represent asignificant contribution to the

profession.

BACKGROUND

The practice of providingcritical incident stress manage-ment and support services tolaw enforcement personnelhas a rich history, but the

origins of such assistanceactually can be traced to themilitary. Wars and conflictshave punctuated this country’shistory since its inception.

Contributing Authors Ralph Biase, U.S. Secret Service Cherie Castellano, Cop 2 Cop and World Trade Center Rescuer Support Victim

Program Bill Genet, Gene Moynihan, and Frank Dowling, New York City Police Organization

Providing Peer Assistance Mike Haley, National Fraternal Order of Police Jim Horn and Kathy Thomas, Oklahoma City Critical Incident Project Laura Kelso, U.S. Marshals Service Jeffrey Lating, Loyola College, Baltimore, Maryland Gail London, Paul Susenbach, Cindy Newbern, Pat Joyner, and Sartaj Khan,

Federal Law Enforcement Training Center, Department of Homeland Security Alexandra Mahr, Bureau of Alcohol, Tobacco, Firearms, and Explosives James Nestor, New Jersey Attorney General’s Office and State Police

Research and Coordinating Assistance Heidi Joseph and Julia Finkel, Johns Hopkins University, Baltimore, Maryland

Technological advances inweaponry beginning with theCivil War produced causalitiesof a type and scale previouslynot experienced by medical

personnel. Out of sheer neces-sity in the face of incredible,large-scale suffering, they hadto add newly constructed inter-vention principles to traditionaltreatment practices. In time, therecognition of the importanceof immediate intervention ledto the assimilation of corpsmenand medics into combat units.During the Korean Conflict,the military moved medical

units forward to gain proximityto the battlefields. Hard-wonexperience produced expect-ancy about the types of injuriesthat medical personnel could

treat successfully. By the timethe armed forces were engagedin Vietnam, their medical units

had instituted triage as a stan-dard practice that systematicallyassigned a priority to the treat-ment of the wounded basedon such factors as urgent need,the chance of survival, andthe amount of resourcesavailable.

What affects the mindaffects the body, and whataffects the body affects themind. 1 The two are inextricablyintertwined and cannot beseparated. The shell shock of World War I and the combatfatigue of World War II proved

just as potentially debilitating tosoldiers as many of their physi-cal wounds. The military dis-covered that the principlesestablished for treating physicaltraumas also applied to treating

psychological ones. “Nothing

could be more striking than thecomparison between the casestreated near the front and thosetreated far behind the lines....As soon as treatment near thefront became possible, symp-toms disappeared...with theresult that 60 percent with adiagnosis of psychoneurosiswere returned to duty from thefield hospital. War neuroses...could be controlled by scientificmanagement, rather than allow-ing nature to take its course.” 2

“Those on field duty found it to be most advantageous to thesoldier, and to the army, to



September 2004 / 3

recognize exhaustion and thefear but not to remove the sol-dier to the rear.... By and large,

the prognosis...varies directlywith the time factor...the greatissue...is not to permit the syn-drome to become entrenched...the most effective implementis to keep alive the [causal]relation between the symptomsand the traumatic event.” 3

These military observations became concretized as the three pillars of crisis intervention: proximity (the ability to provide psychological support wherever needed in the field), immediacy(the ability to provide rapidsupport), and expectancy (view-ing adverse reactions to criticalincidents as basically normalreactions of extreme stress andnot as pathological reactions).The three became knowncollectively as the P.I.E. Prin-ciple 4 and formed the historical

foundation of crisis interventionnot only for the military but alsofor law enforcement. The typeof trauma experienced bysoldiers in combat is quitesimilar to that endured by lawenforcement officers. In short,the law enforcement professionadopted the best practices of themilitary.

METHOD

The application of best practices can be a highly effec-tive way to deal with complex

problems. Law enforcement professionals do not have theluxury of sitting back and

theorizing when confrontedwith catastrophes. They usuallyhave to act immediately to

establish public order in thewake of the disorder caused bylarge-scale critical incidents.Practical, logistical, and timeconstraints make it difficult toconduct the randomized con-trolled trial, which is the goldstandard researchers use tocompare the effectiveness of intervention. Therefore, copying

New York, New Jersey, Wash-ington, DC, and Pennsylvaniawere not the only locations

affected by mass crisis. The jarring horror of losing so manychildren in Waco, Texas, andOklahoma City, Oklahoma,stand as equally traumaticevents. Regardless of geo-graphic location or size, all lawenforcement agencies face

potential, large-scale incidents.

SURVEYPARTICIPANTS

The authors included 11organizations based on accruedunique experience respondingto the psychological demandsassociated with extraordinarycritical incidents and massdisasters. They consulted fed-eral, state, and city organiza-tions to provide a balanced

perspective for dealing withcatastrophic events and ob-tained information from inter-views with program directorsand from written descriptions.Many of these programs notonly are innovative but repre-sent prime exemplars of astructured response to theunique psychological needs of those in the law enforcement

profession.

Bureau of Alcohol, Tobacco,

Firearms, and ExplosivesThe Bureau of Alcohol,Tobacco, Firearms, and Explo-sives (ATF) initiated its Peer Support/Critical Incident StressManagement Program in 1989

the successful tactics of other agencies that have dealt withsimilar problems becomes aneffective and efficient strategy.It saves valuable time andresources at the most critical

point, the immediate aftermathof an incident.

In recognition of this con-cept, Dr. Everly initiated a

survey in the spring of 2003 toascertain what various law en-forcement agencies and organi-zations have done to supporttheir personnel during extraordi-nary critical incidents. Sadly,

Law enforcement professionals do not

have the luxury of sitting back and

theorizing when confronted with

catastrophes.

”

“




out of concern for special agentsinvolved in shootings and other critical incidents. Administered

via the Office of the Ombuds-man, a program manager, whois a mental health clinician,

provides clinical oversight.The ATF program serves all6,000 employees and their families, as well as state andlocal law enforcement partnerswho represent 25 to 30 percentof the program workload.

The ATF Peer SupportProgram has four components:

peer responders, mental health professionals, chaplains, andtrainers. The 43 peer support

personnel are not counselors butspecial agents, inspectors, andother key personnel with over 60 hours of specialized training.Mental health providers makereferrals to the agency’s em-

ployee assistance personnelor to community resources as

necessary. Sixty chaplains provide spiritual support andcritical incident stress manage-ment interventions. ATF profes-sional development personnelconduct related training.

ATF uses a comprehensive,multicomponent critical inci-dent stress management modelthat includes preincident educa-tion, assessment of need andmanagement consultations,individual peer support, large-group crisis intervention, familysupport services, small-groupcrisis intervention, chaplain or

pastoral care services, referral

and follow up, and debrief-the-debriefer sessions. Based on thespecifics of a particular inci-

dent, ATF has tailored itsintervention plan to reach andaccommodate those directly or indirectly impacted by a criticalincident.

Cop 2 CopCop 2 Cop serves 40,000

law enforcement officers, plusfamily members, in the NewJersey Port Authority Police,

New York State Police, and the

officers who voluntarily answer the telephone hotline.

Following the terrorist

attacks, Cop 2 Cop’s roleexpanded to include all NewJersey firefighters and emer-gency medical service person-nel. The program also providedintervention services to SecretService and FBI agents residingin New Jersey. In the aftermathof September 11th, the programinitiated acute traumatic stressleadership training and imple-mented a unique large-group“reentry program.”

Cop 2 Cop employs anintegrated, multicomponentemergency mental healthcontinuum-of-care approach,including telephone hotlines,one-on-one crisis intervention,telephone assessments, groupcrisis intervention, and referralsto mental health resources.Since its inception, the pro-

gram has received over 9,000telephone calls and has con-ducted more than 450 criticalincident stress managementinterventions.

FBIThe FBI uses a two-pronged

approach in delivering stressmanagement services to ap-

proximately 28,000 employeesand their families. The FBIAcademy emphasizes trainingand research. It teaches stressmanagement; examines stress-related issues, such as domesticviolence and suicide, 5 in

New Jersey Urban Search andRescue Unit. Established in1998, it became fully opera-tional on November 1, 2000,through the use of a widelycirculated, toll-free telephonenumber (1-866-COP-2COP).The staff consists of 4 retiredclinicians with experiencetreating law enforcement offi-cers, 4 mental health specialists,and 48 retired law enforcement

Reviewing the evolving practices of uniquely experienced

organizations,commonly referred to as an analysis of best practices, can

prove informative.

”

“



September 2004 / 5

televised forums and publica-tions; and is developing anearly warning tool for detecting

excessive stress reactions bylaw enforcement officers. 6

The FBI’s Employee Assis-tance Unit, consisting of severalmental health professionals andsupport personnel, became self-contained in 1993. It coordi-nates delivery of four primaryservices and represents an inte-grated, multicomponent con-tinuum-of-care model, including

preincident training, assess-ment, triage, individual crisisintervention, small-group crisisintervention, psycho-educa-tional seminars, family supportservices, and chaplain referrals.Specifically, 300 coordinators,

positioned throughout theorganization, provide assess-ment, short-term counseling,and referrals to employeesexperiencing a wide range of

problems. Critical incidentstress management—a peer- based, small-group crisis inter-vention—occurs subsequent toexposure to critical incidents.Peer support/post-criticalincident seminars (residentialgroup psycho-educationalinterventions) follow signifi-cant critical incidents, such asshootings and mass disasters.These last up to 4 days and

began in 1983 in response toagent-involved shooting inci-dents. Over 100 experiencedvolunteer chaplains provide

pastoral counseling, family

support, death/bereavementservices, and individual or small-group crisis intervention.

Federal Law EnforcementTraining Center

The Office of CriticalIncident Stress Management,Federal Law EnforcementTraining Center (FLETC),Department of HomelandSecurity supports 40,000 stu-dents from approximately 76federal law enforcement agen-cies each year. It also serves

permanent and detailed staff, participating organizational personnel, employees, contrac-tors, visitors, and their families.

FLETC formally establishedits Critical Incident StressManagement and Peer SupportProgram in 1999. Eight teams,

comprised of 50 employees, provide services throughout theUnited States and abroad.

The center integrates a mul-tidisciplinary standard-of-care

continuum with specific ser-vices, including precrisis educa-tion/inoculation; individual,

team, mental health practice,and community basic andadvanced training; triage/assessment/referral for initial/follow-up treatment; individual

peer support; small- or large-group defusing; small-groupdebriefing or demobilization;individual traumatic stressreduction management; pasto-ral/bereavement counseling;employee assistance services;and a wellness program.

National FraternalOrder of Police

The National FraternalOrder of Police (FOP) originallyestablished its Critical IncidentCommittee in 1996. But, in2001, it reformulated this entityas the Critical Incident StressManagement Program to pro-

vide affected emergency serviceworkers with services thatmitigated or lessened the impactof the effects of critical incidentstress and accelerated therecovery following a traumaticevent. FOP designed the pro-gram to prevent or mitigate theadverse psychological reactionsthat so often accompany emer-gency services, public safety,and disaster response functions.

Interventions in this programare directed toward the mitiga-tion of post-traumatic stressreactions. Fundamental to theFOP approach is a philosophy

© Mark C. Ide




and a belief in the importanceand value of the human re-sponse, especially within the

occupation of law enforcement.Key services include consul-tation to local law enforcement,critical incident education

programs, development of anational law enforcementemergency response strike teamto assist wherever needed, andthe establishment of a centralrepository for available lawenforcement critical incidentstress management programsnationwide. FOP uses an inte-grated, multicomponent crisisintervention system that in-cludes precrisis educationseminars, individual crisisintervention services, groupcrisis interventions, demobiliza-tions, defusings, debriefings,chaplain services, family inter-ventions, organizational consul-tation, follow-up resources, and

referral to formal mental healthservices as indicated.

New Jersey AttorneyGeneral’s Office andState Police

Established in 2003, NewJersey’s Critical Incident StressResponse Program functionswithin a preexisting employeeassistance program. In additionto traditional services, it spon-sors a unique command staff leadership series that coversethics-based leadership, lawenforcement family dynamics,terrorism, and psychological

counterterrorism. The NewJersey model offers an inte-grated, multicomponent crisis

intervention system with afull spectrum of employeeassistance services.

New York City: PoliceOrganization ProvidingPeer Assistance

In 1994 and 1995, the 26 police officer suicides generatedgrave concerns throughout NewYork City. In response to this

alarming phenomenon, the citycreated the Police OrganizationProviding Peer Assistance(POPPA), an autonomous,independent, confidential, andvoluntary police assistanceagency. Volunteer peer support

personnel received training incrisis intervention and criticalincident stress management and

began staffing a 24-hour hotlinein March 1996.

Currently, POPPA has anadministrative staff consistingof a director, clinical director,

peer liaison, consulting staff,and a case manager; a clinical

panel of over 120 psychologists,

psychiatrists, social workers,and addictions counselorstrained and motivated to work with police officers; and 180

peer support officers. Availableat all times, these individualsmeet with distressed officers inneutral, private locations. They

provide referrals only at face-to-face meetings. All meetings,referrals, and subsequent treat-ment remain strictly confiden-tial. Since 1996, over 6,500face-to-face meetings havetaken place.

POPPA uses an integrated,multicomponent critical inci-dent stress management inter-vention system adapted to bestmeet the needs of law enforce-ment personnel and the uniquedemands of each specificcritical incident. It operates

on the basis of a self-referralsystem. POPPA key interven-tions include assessment, triage,individual crisis intervention,demobilizations (large-groupcrisis intervention), defusings(small-group crisis interven-tion), debriefings (small-groupformat), and referral to subse-quent psychological support if required.

Oklahoma City: CriticalIncident WorkshopsThe April 19, 1995, terrorist

bombing in Oklahoma City precipitated a series of critical

...copying the successful tactics

of other agencies that have dealt with similar

problems becomes an effective and

efficient strategy.

”

“



September 2004 / 7

incident workshops. Estimatesindicated that 20 percent of the12,384 rescue personnel in-

volved would require someform of mental health care. Asof October 2002, over 750 res-cue personnel, survivors, volun-teers, and family members havereceived direct service from 70workshops, which use an inten-sive 4-day format. Interventionteams consist of a facilitator,

psychologist, chaplain, and atrained crisis intervention peer support individual.

Workshops use key inter-ventions, such as individualcrisis intervention, small-groupcritical incident stress debrief-ing, family support, education,chaplain/pastoral services, refer-rals, and follow-up care. Theworkshops offer eye movementdesensitization and reprocessing(EMDR), a highly controversial

but effective technique, as an

optional treatment.U.S. Marshals Service

In 1991, the U.S. MarshalsService (USMS) initiated itsCritical Incident ResponseTeam (CIRT). Staffed by 3mental health professionalsand 51 peer support personnel,CIRT extends services to over 4,200 employees and their fam-ily members. Incident-specific

response teams consist of anemployee assistance repre-sentative and one or two peer support marshals. USMS usesan integrated, multicomponent

intervention continuum-of-care approach consisting of assessment, triage, individualcrisis intervention, small-groupcrisis intervention (defusingsand debriefings), large-groupcrisis intervention, organiza-tional development, familyintervention services, andreferral to psychotherapeuticresources.

U.S. Secret ServiceThe U.S. Secret Service

(USSS) implemented its CriticalIncident Peer Support Team in1985. Administered from itsEmployee Assistance Program(EAP), the peer support teamhas expanded to include agents,uniformed officers, and admin-istrative support staff. It in-

cludes 4 EAP counselors and86 peer support personnel, whoreceive specialized training incrisis intervention and criticalincident debriefings. Designated

peer support counselors assistEAP counselors with precrisiseducation seminars for newagents and uniformed officers.Field intervention teams consistof an EAP counselor and oneor two peer support personnel.USSS uses an integrated,multicomponent interventionapproach consisting of assess-ment, triage, individual crisisintervention, small-groupdebriefings, precrisis educationseminars, family interventionservices, follow-up resources,and referral to mental health

professionals as needed.

World Trade Center -Rescuer Support VictimProgram

Because first responders

comprised approximately 400of the 2,800 victims of theSeptember 11th disasters, this

program began in 2002 to servelaw enforcement, firefighters,




and emergency medical person-nel. It has three primary compo-nents: 1) crisis intervention

hotline help, 2) crisis interven-tion training programs, and 3)clinical intervention services.On a pro bono basis, the pro-gram provides peer counseling,individual crisis intervention,and individual therapy and usesa structured, six-session, grouptreatment model.

The program’s main purpose is to give voice to the res-cuers. The conceptual frame-work includes partnership withmanagement, establishment of funding, consultation of nation-ally recognized experts, collab-oration with clinicians, use of

peer support, and reliance on lo-gistical and planning flexibility.

KEY FINDINGSFive best practices emerged

from the many practical, em- pirically field-tested strategiesused to deal with large-scalecritical incidents. They almostare universal, and agenciesshould consider them in anyorganizational approach toeffective critical incident stressmanagement.

Early InterventionThe survey revealed that the

law enforcement agencies sam-

pled recognized the value of early psychological interventionfor those officers responding tocritical incidents. This echoedearlier military experience

regarding the importance of im-mediate intervention in treating

physical and psychological

wounds.Complete Care

All of the organizationssampled recommended the useof a phase-sensitive, multicom-

ponent crisis intervention sys-tem as part of an overall con-tinuum of care. Such a systemunderscores the necessity of employing strategic planning

prior to implementation.

Peer SupportEach participant emphasized

the importance of peer supportand saw it as a virtual impera-tive to a successful law enforce-ment program. Consistent withthis tactical formulation, notone of the organizations viewedcrisis intervention as psycho-therapy nor as a substitute for it.

Specialized TrainingAll of the organizationsacknowledged the importanceof receiving specialized trainingin crisis intervention/emergency

mental health (for both peer interventionists, as well asmental health clinicians) prior

to implementing such programs.Well-meaning intentions are notenough. Officers exposed totraumatic events need focusedassistance by trained practitio-ners at all levels of care, rangingfrom hotline assistance totherapeutic treatment.

Tactical InterventionTactical interventions, in

most programs, included the

ability to perform one-on-onesmall- and large-group crisisinterventions and family supportservices, as well as the abilityto access spiritual supportassistance and treatment re-sources. The word tactical

refers to adroit maneuveringused to achieve a desired objec-tive. The military connotationis highly appropriate in anydiscussion of psychologicaltrauma induced by criticalincidents. Much of the psycho-logical assistance given to

public safety and emergency personnel in the domesticterrorism of Oklahoma Cityand in the international terror-ism of New York City was

based on lessons learned duringconventional wars.

CORE COMPETENCIESFive core competencies

appeared as features of a best practices model. These elementsoffer law enforcement agencies

The key to optimizing existing programs

is to focus on preincident strategies.

”

“



September 2004 / 9

an effective way to help their personnel deal with criticalincidents.

Assessment and TriageAgencies need to rapidly

evaluate affected officers and provide them with assistanceconsistent with the resourcesat hand. Integral to the processof assessment, however, isknowing when not to interferewith natural coping mecha-nisms. Simply said, law en-forcement often can be a stress-ful profession, but formal crisisintervention always shouldyield to the individual’s naturalcoping mechanisms and re-sources as long as these func-tion effectively.

Crisis Interventionwith Individuals

Officers differ in their responses, and their agenciesmust remember that mass criti-cal incident care is not a one-size-fits-all proposition. Crisisintervention skills applied toone individual at a time (face-to-face or telephonically) repre-sent the bedrock of all emer-gency mental health techniquesand always begin with theassessment of their suitability.

Small-Group

Crisis InterventionPeers supporting each other in a group setting can be highlyeffective and efficient. Thesmall-group crisis intervention

format (e.g., debriefings) can be a useful intervention mecha-nism. 7 Care must be taken,

however, to ensure that vicari-ous traumatization does notoccur. This is best achieved byusing homogeneous functionalgroups of individuals who haveexperienced the same level of

psychological toxicity via their exposure. Similarly, care must

be taken so as not to encourageexcessive ventilation, coercivegroup pressure, or scapegoating(targeting individuals or organi-zational policy).

Large-GroupCrisis Intervention

A town meeting providesanother way for people to

process the tumultuous eventsengulfing them. Typically

employed with large groups,this type of crisis interventionis largely a psycho-educational

process designed to enhancecohesion, control rumors,

improve self-assessment, andmake individuals aware of coping techniques and re-

sources.8

Agencies may applythis method many differentways, including in the formatof roll call.

Strategic Planning“The process is strategic

because it involves preparingthe best way to respond to thecircumstances of the organi-zation’s environment, whether or not its circumstances areknown in advance.... The

process is about planning because it involves intentionallysetting goals...and developingan approach to achieving thosegoals.” 9 Thus, strategic planningallows operational planners to

best combine and sequencemultiple interventions within anintegrated Incident CommandSystem. All strategic planning,as well as tactical intervention,must be predicated upon on-going assessment.

FUTUREDIRECTIONS

Large-scale critical inci-dents spring from all manner of causes. Some result fromupheaval and disruption of thenatural order. The air, earth,fire, and water that normally

sustain people become thehurricanes, earthquakes, wild-fires, and floods that destroythem. Other major criticalincidents result from human

© Ronald Jeffers




activity, such as war and terror-ism. Both types of criticalincidents impact everyone. No

group is more affected thanthose who impose order uponthe chaos resulting from major critical incidents. In response tothe acute mental health needsof those in crisis, the field of crisis intervention was born.

The majority of law enforce-ment officers exposed to atraumatic event will not needformal psychological interven-tion, but that does not negatethe obligation to respond to theneeds of those who will requireacute psychological support.Information regarding criticalincidents, common reactions,and sources of support could

benefit everyone.An observation about

firefighters applies equallywell to law enforcement offi-cers. “In all the controversy,

criticism, and research debateon the merits of debriefing [i.e.,early psychological interven-tion], certain constants areemerging. The most effectivemethods for mitigating theeffects of exposure to trauma...those, which will help keep our

people healthy and in service,are those, which use earlyintervention, are multimodaland multicomponent. That is,they use different ‘active ingre-dients’..., and these componentsare used at the appropriatetime with the right targetgroup.” 10

Most of the emphasis of existing programs is on manag-ing the reactions to mass critical

incidents after they occur. Thisdirect approach, while practicaland goal oriented, does notencompass the full range of options available. The key tooptimizing existing programsis to focus on preincidentstrategies.

its programs, the principle of expectancy. Two Israeli psy-chologists investigated roles

of immediacy, proximity, andexpectancy. 12 Results indicatedthat all three early intervention

principles contributed to thera- peutic outcome, with expect-ancy supplying the most to

positive outcome. As earlier research noted, to a significantdegree, the soldier’s expectationof outcome predicted recoveryfrom war neurosis. 13 The mili-tary experience demonstratedthat the law enforcement profes-sion must do a better job of managing the expectations of officers to ensure their psycho-logical well-being after a major critical incident.

To illustrate the apparentimportance of expectationmanagement for new andexperienced law enforcement

professionals, the authors

present some real-life examples.Approximately every 2 weeks,50 agent trainees arrive at theFBI Academy on a Sundayafternoon. On the followingWednesday morning, they areissued the handguns they willcarry throughout their lawenforcement careers. For 5years, on the afternoon after they received their weapons,Special Agent Sheehan taughtthe trainees a block of instruc-tion called Stress Managementin Law Enforcement. He alwaysstarted the 7-hour course byasking how many of them

Preincident Training

The study of the current andhistorical military response to psychological trauma has become quite useful in develop-ing an effective and efficientlaw enforcement model for mass critical incident stressmanagement. For example, aBritish military psychiatristand his colleagues found thatdebriefing techniques evenreduced alcohol use after

stressful assignments. 11 How-ever, one lesson remains fromthe military that the law en-forcement profession has notsufficiently incorporated into

No group is more affected than those who impose order

upon the chaos resulting from major

critical incidents.

”

“



September 2004 / 11

would be surprised if theyactually had to use their serviceweapon. Virtually everyone said

it would be a surprise. He thenwould point out some hardfacts. First, while at the acad-emy, they will fire thousands of rounds until they can quicklyand accurately fire 50 roundsat targets 25 to 5 yards away.

Next, they must qualify with aminimum score of 80 percentfour times a year during their employment. Also, every daythat they are on duty for those20 to 30 years, they will have tocarry their weapon. In addition,every year, the FBI holds crit-ical incident seminars, andmany agents who are shootersor shootees attend. Followinga shooting, approximately 79

percent of involved officershave reported time distortionand 52 percent have indicatedmemory loss for part of the

event.14

And, finally, estimateshave indicated that the career of a law enforcement officer isshortened significantly after ashooting incident. Under thesecircumstances, new employeesneed to change their expecta-tions about what could happento them.

This change in expectationsis necessary for the more expe-rienced members of the lawenforcement community aswell. Several years ago, SpecialAgent Sheehan went to Belfast,

Northern Ireland, at the requestof the Royal Irish Constabulary

to address the Association of Chief Police Officers of En-gland, Scotland, Wales, and

Northern Ireland about violencein the United States. He askedthese experienced and highlyaccomplished officers whatshocked them the most aboutthe events that had occurredat Columbine High School inColorado. Their answers rangedfrom gun violence to suddendeath. They were partiallyright, of course, but, in theauthors’ view, the aspect thatultimately bothers most peopleabout that event was the brutalviolation of what their expecta-tion of the school experienceshould be. Children should beable to go to school in safetywithout the fear of immediatedeath.

Everyone has expectations.Sometimes, these get violated.

In the law enforcement profes-sion, expectations can bedestroyed in an abrupt and

massive way. In an era of incipient terrorism, agenciesmust provide proactive training.In 2003, the Institute of Medi-cine stated, “The committeefinds that terrorism and thethreat of terrorism will have

psychological consequencesfor a major portion of the

population, not merely a smallminority.... The stress associ-ated with the direct impact andlingering threat of terrorismraises obvious psychologicalconcerns, particularly for...firstresponders....” 15

Conducting more preinci-dent education offers the bestway to change expectations.Some training is taking place,

but not enough. For example,although the FBI provides agent




trainees with some preincidenttraining, it offers no suchregularly scheduled training for

journeymen agents in the field.Even flu vaccines are adminis-tered on a yearly basis. Criticalincident education provides oneof the best inoculations avail-able to law enforcement officersfacing toxic situations. If theyexpect something, they are

better able to cope with it. Themilitary has firmly establishedthat expectation managementsaves lives. Universally, thelaw enforcement communitymust do a more thorough jobof creating realistic expectationsthrough preincident training.

Early Warning ScreeningPeople differ in their re-

sponses to critical incidents.Some officers adjust rapidly,whereas others adapt gradually.A small number adjust poorlyand develop an extreme reactioncalled post-traumatic stressdisorder (PTSD). A 2002 studyrevealed that 13 percent of rescue personnel developedPTSD, 16 a significantly higher rate than the 1 to 3 percent inthe general population. Thissuggested that rescue workers,like law enforcement officers,face elevated risk due to in-creased exposure to traumatic

events. According to the mili-tary principle of immediacy,these people need to be identi-fied early. Immediate identifi-cation of acute problems allows

for the mobilization of higher-ordered interventions, whichwork best before problems be-

come habitual and fully assim-ilated. 17 Training peers andmanagers to recognize the firstsigns of maladaptive responsesmust occur. When managingcritical incident stress, lawenforcement agencies need toremember that the sooner theyintervene, the better.

intervention programs withinthe law enforcement professionemphasize post-incident inter-

vention. Expansion of earlyintervention services to include precrisis expectation trainingand early warning screeningcould move existing programsto the cutting edge of masscritical incident management.

No agency has created a perfectmodel, but a number of organi-zations have developed work-able programs for dealing withacutely stressful events. Regard-less of the size of the depart-ment, the men and women whohave dedicated themselves to

protecting their communitieswill benefit from adopting these

best practices.

The authors offer a special thanks to the survey contributors who made this article possible. Law enforcement officers in their respective organizations benefit from the daily efforts of

these dedicated professionals. Now,because of their willingness to share such hard-won experience, all law enforcement officers and their sup- porters can benefit as well.

Endnotes1 G. S. Everly, Jr and J. M. Lating, A

Clinical Guide to the Treatment of the Human Stress Response (New York, NY:Kluwer/Plenum, 2002); and D.C Sheehan,“Stress Management in the Federal Bureauof Investigation: Principles for Program

Development,” International Journal

of Emergency Mental Health 1 (1999):39-42.

2 T. S. Salmon, “War Neuroses andTheir Lesson,” New York Medical Journal 108 (1919): 993-994.

CONCLUSIONA number of occupations

are at high risk for psychologi-cal distress and morbidity. Lawenforcement constitutes onesuch profession. The corpsesof fellow citizens, the ruins of

buildings, and the wreckage of all types of conveyances scorchthe senses and poison thememories of law enforcementofficers. If society exposes

them to these harsh aspects of life, it is morally bound to givethem the best possible psycho-logical support. Current state-of-the-art early psychological

The type of trauma experienced by

soldiers in combat is quite similar to

that endured by law enforcement officers.

”

“



September 2004 / 13

3 A. Kardiner, “The Traumatic Neuroses of War,” PsychosomaticMedicine Monographs 11 (1941): 11-111.

4 K. Artiss, “Human Behavior Under

Stress: From Combat to Social Psychia-try,” Military Medicine 128 (1963):1011-1015.

5 D.C. Sheehan, ed., U.S. Departmentof Justice, Federal Bureau of Investigation,

Domestic Violence by Police Officers(Washington, DC, 2000); and D.C.Sheehan and J.J. Warren, eds., U.S.Department of Justice, Federal Bureau of Investigation, Suicide and Law Enforce-ment (Washington, DC, 2001).

6 For additional information, see D.C.Sheehan and V.B. Van Hasselt, “Identify-ing Law Enforcement Stress ReactionsEarly,” FBI Law Enforcement Bulletin,September 2003, 12-17.

7 M. Arendt and E. Elklit, “Effective-ness of Psychological Debriefing,” Acta

Psychiatrica Scandinavica 104 (2001):423-437; A Dyregrov, “PsychologicalDebriefing: An Effective Method?”Traumatoloy vol. 4, issue 2 (1998),

see http://www.fsu.edu/~trauma ; andM. Deahl, M. Srinivasan, N. Jones,J. Thomas, C. Neblett, and A. Jolly,“Preventing Psychological Trauma in

Soldiers: The Role of Operational StressTraining and Psychological Debriefing,”

British Journal of Medical Psychology73 (2000): 77-85.

8 G.S. Everly, Jr., “Crisis ManagementBriefings,” International Journal of Emer-

gency Mental Health 2 (2000): 53-57.9 “What Is Strategic Planning?”;

retrieved on April 6, 2004, from http:// www.nonprofits.org/npofaq/03/22.html .

10 H. Duggan, International Associationof Fire Chiefs, “CISM at the World TradeCenter: Lessons Learned,” IAFC OnScene , January 2002; retrieved on April 7,2004, from http://www.iafc.org.

11 M. Deahl, M. Srinivasan, N. Jones,J. Thomas, C. Neblett, and A. Jolly,“Preventing Psychological Trauma inSoldiers: The Role of Operational StressTraining and Psychological Debriefing,”

British Journal of Medical Psychology73 (2000): 77-85.

12 Z. Solomon and Z. andR. Benbenishty, “The Role of Proximity,Immediacy, and Expectancy in FrontlineTreatment of Combat Stress Reaction

Among Israelis in the Lebanon War,” American Journal of Psychiatry 143(1986): 613-617.

13 Supra note 3.14 A. Artwohl, “Perceptual and Memory

Distortion During Officer-Involved Shoot-ings,” FBI Law Enforcement Bulletin ,October 2002, 18-24.

15 Institute of Medicine, Preparing for the Psychological Consequences of Terrorism (Washington, DC: NationalAcademies Press, 2003).

16 C. S. North, L. Tivis, et al., “Psychi-atric Disorders in Rescue Workers After

the Oklahoma City Bombing,” American Journal of Psychiatry 159 (2002):857-859.

17 The Law Enforcement Officer StressSurvey identified areas officers find mosttroubling; supra note 6.

Key Knife This object appears to be a key, but it

actually is similar to a box cutter and can serveas a knife. This potential weapon has passedsecurity at many major airports. Law enforce-ment officers should be aware of the possiblethreat of this object.

Submitted by George E. Johnson, USN (Ret.) Prospectors Club of Southern CaliforniaMetallic Evidence Recovery, Crime Scene Search Unit

Unusual Weapon




Bulletin Reports

The National Institute of Justice (NIJ) presents Batterer Intervention Programs: Where Do We Go From Here? , which describes the most common typesand evaluates two recent studies of programs in BrowardCounty, Florida, and Brooklyn, New York. Both evalua-tions call into question such programs’ effectiveness inchanging batterer attitudes or behaviors. Researchers inthe Broward study, however, found that batterers whowere employed or married, owned their homes, or other-wise had a stake in the community were less likely toreoffend. The Brooklyn study showed that men who

attended treatment sessions for a longer period (e.g., 26versus 8 weeks) committed fewer new violent acts;however, batterers were morelikely to complete the shorter

program. This report is availableelectronically at http://www.ojp.usdoj.gov/nij/pubs-sum/ 195079.htm or by contacting the

National Criminal Justice Refer-ence Service at 800-851-3420.

Domestic Violence

The Office of Community Oriented Policing Ser-vices (COPS) presents Call Management and Commu-nity Policing: A Guidebook for Law Enforcement ,which focuses on police call management strategiesand how they affect community policing today. This

guidebook looks at the direct relationship betweencommunity policing and managing calls for serviceeffectively, and it features practical examples fromacross the country. This publication discusses whatissues and challenges should be addressed to imple-ment various call management strategies successfully,how police can make better use of data on callsreceived and call responses, and what key stepsdepartments should take to plan call managementstrategies that enhance community policing. Thisreport is available electronically at http://www.cops.usdoj.gov/mime/open.pdf?Item=913 or by contactingthe U.S. Department of Justice Response Center at800-421-6770.

Community Policing



September 2004 / 15

The Bureau of JusticeAssistance (BJA) presentsCommunity ProsecutionStrategies , which discussesthe emergence of community

prosecution strategies, draw-ing on examples from 36 lo-cations across the country, and identifies common elementsamong the diverse sites. This report also describes the

philosophy behind community prosecution, which presentsa distinct departure from the case and conviction orientationof traditional prosecution. It adopts the belief that localcrime problems can best be resolved by engaging commu-nity members in the solutions and aims to improve resi-dents’ quality of life by placing prosecutors in the commu-nity to address neighborhood-specific crime problems. Thisreport is available electronically at http://www.ncjrs.org/

pdffiles1/bja/195062.pdf .

Courts

The National Institute of Justice (NIJ) presents Correc-tional Boot Camps: Lessons from a Decade of Research ,which contains findings from 10 years of data used toanalyze whether boot camps help reduce recidivism, prison

populations, and operating costs. The report found thatalthough boot camps generally had positive effects on theattitudes and behaviors of inmates during confinement,these changes did not translate into reduced recidivism.Programs often were too brief to exert a lasting effect oninmates released to the community, and they lacked a strongtreatment model or sufficient preparation of inmates for reentry. Boot camps’ efforts to achieve multiple goals con-tributed to conflicting results. This report is available elec-tronically at http://www.ojp.usdoj.gov/nij/pubs-sum/ 197018.htm or by contacting the National Criminal JusticeReference Service at 800-851-3420.

Corrections

Bulletin Reports is an edited collection of criminal justice studies, reports, andproject 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 andshould not be considered an endorsement by the FBI for any product or service.)




ersonal privacy often is pervaded by well-meaning reasons of security or freedom of

Perspective

The Future of Privacy in Law Enforcement The United Kingdom’s Experience By Alan Beckley, M.Law, M.Sc.

Dr. Benigni serves as an assistant principal at Berlin

High School in Meriden,Connecticut, and is the

current mayor of Meriden.

Mr. Beckley, a retired chief inspector for the West

Mercia Constabulary, United Kingdom, is a member of the

Society of Police Futurists International.

established 2,298 new cameras, and trade maga-zines calculated that the UK CCTV market wasvalued at over $490 million annually. UK citizens

know that CCTV cameras are in many publicstreets, shopping malls, banks, and gas stationforecourts. In fact, British citizens can expect to becaught on CCTV 500 times per week and have

personal details stored on 300 corporate or govern-ment databases. 4

Most citizens are not concerned; they receive acomforting message from the police, 5 who wouldnot have detected serious crimes without CCTV. 6

Many countries now have regulatory frameworksfor CCTV, but, until recently, the United Kingdomhad only an advisory voluntary code. However,

perhaps in recognition of these concerns, on Octo- ber 24, 2001, it became a criminal offense to use anunregistered, nondomestic CCTV system to record

people in a public or private place. 7 Certainly,concerns exist about the use of CCTV as it impactsupon privacy and its potential abuse 8 in the fightagainst crime, especially because some police de-

partments now use community volunteers to viewthe CCTV monitors in a cost-saving initiative.

Pthe press. Since 2000, the United Kingdom has

been governed by the rights-based law of the Euro- pean Court of Human Rights (ECHR). 1 Specifi-cally, public authorities must not infringe on therights of citizens without legitimate cause. 2 Will

more invasions of personal privacy occur? Will ahigher level of privacy exist for those who canafford it? Has a gradual and imperceptible erosionof civil liberties occurred?

Invasions of citizens’ privacy occur every dayin the interest of security or law enforcement. Arethese invasions lawful, necessary, and the leastintrusive possible? Invasions of privacy oftenoccur when systems and processes commencefollowing security incidents, and they sometimesremain for periods long after their use can be justi-fied either morally or legally. Questions linger about potential abuses of personal privacy follow-ing terrorist incidents both in the United Kingdomand the United States. While many countries facethe same challenges connected with this issue, theauthor offers the United Kingdom’s experience asan example to help other countries concerned withthis topic.

IDENTIFIERS

Closed-Circuit Television

A 1998 report in England revealed that “over the last decade, the use of CCTV systems in towncentres, shopping precincts, and car parks has be-come widespread.” 3 Indeed, the Home Office, aUK government department, actually funded manyof the CCTV schemes. In 1997 and 1998, bids



September 2004 / 17

Biometrics

Civil liberties watchdogs and privacy advo-cates are not comfortable 9 with biometrics, the

science of verifying a person’s identity by measur-ing unique features, such as nasal curvature, eyeiris patterns, or hand shape. 10 Biometrics, fromfingerprint and iris pattern recognition to walking

patterns and even body odor, 11 also could eliminatethe need to remember passwords and personalidentification numbers (PINs).

One concern, already a reality, is the use of automatic facial recognition systems where peopleare unaware of the surveillance. These systems areused in UK soccer stadia whereCCTV cameras scan the crowdand identify individuals whosefacial characteristics are digitallystored in the pictorial database of alleged troublemakers or personssubject to court exclusion orders.A biometric facial recognitionsystem also was used at a recentSuper Bowl in the United States.With digital photographs ondrivers’ licenses and passports,the future of facial recognition

already is planned far ahead.The invasion of privacy continues with cam-eras in taxicabs and at public transportation termi-nals. Motor vehicle license plate readers recordwhen people drive onto a ferry and when theyreturn and keep logs regarding the frequency of these trips. Further, because these license platereaders know when people speed, they can usefacial recognition technology intended to identifyterrorists to catch speeding drivers. 12 One senior

police officer advised that 10 percent of driverscaught speeding by traffic cameras avoided penal-ties; therefore, more sophisticated measures werenecessary for effective law enforcement. 13 “Thisidea raises a host of sensitive civil liberties matterswhich would require very careful examination.” 14

One organization recommended mass facial

scanning to identify terrorists and pedophiles; itsreport suggests that the privacy rights of the major-ity of the community should be sacrificed to iden-

tify and prosecute dangerous criminals.15

But, many citizens do not mind this intrusionon their privacy when it helps speed their journeythrough tollbooths while using passes they pay for in advance or when global positioning systemshelp locate stolen cars. 16 However, people mightobject when the police can identify individuals’

positions through triangulation of their mobiletelephone calls, although no law of privacy is

broken by use of such evidence. In the UnitedStates, the Federal Communica-tions Commission requires thatcell phone operators help policelocate cell phones from whichusers have dialed 911. 17

Surveillance

Police lawfully can take still photographs and video footageof suspects in public places in theUnited Kingdom. Further, policeand authorized investigatoryagencies lawfully can obtain and

retain records of photographs,fingerprints, and other personal data because, ac-cording to European law, it is necessary in a mod-ern democratic society for the prevention of crime.But, does this address photographs taken in a pri-vate place without the consent of the individualand where, even in a public place, people have anexpectation of privacy, such as public restrooms or restaurants?

The criminal law Data Protection Act statesthat information should be kept only for as long asit serves the legitimate purpose of crime preven-tion; however, recent legislation has enabled

police to take and retain DNA and fingerprints of persons arrested regardless of whether they arecharged and convicted with an offense. 18 The UK national DNA database reached its halfway point

“

”

...public authoritiesmust not infringe onthe rights of citizens

without legitimatecause.




of 1.5 million records, about 6 percent of the popu-lation, toward the target of 3 million. 19 In 2001, anincrease of 34 percent occurred in sample matches

with a more than 40 percent chance of DNA foundat the scene of a crime matching a name on thedatabase. Further, DNA matches assisted detectionin 49 murders, 75 rapes, and 165 violent crimes.DNA samples can be taken from anyone chargedwith, reported for, and, subsequently, cautionedfor a recordable criminal of-fense. How soon will the UnitedKingdom have a national data-

base of DNA samples from allcitizens?

Several cases recently haveoccurred where the police ob-tained evidence in the investiga-tion of serious crimes by co-vertly recording conversations

between suspected offenderswhile they were under arrest anddetained in police cells—someof the recordings were between the suspects andtheir lawyers. Courts in the United Kingdom 20

have held that this sort of evidence is some-times admissible, 21 although it is a breach of the

right to private and family life under ECHR.22

Other courts have thrown out such evidence,thereby releasing suspected murderers. 23 In the in-vestigation of serious crime, two cases held thatforeign telephone intercepts were admissible evi-dence if they were lawfully obtained in the moni-toring country. 24

INTRUSIVESURVEILLANCELEGISLATION

Covert surveillance laws relating to intercep-

tion of mail and telephone communications werenot subject to legislation in the United Kingdom prior to the year 2000. The courts hold that policesurveillance “is a necessary evil in modern soci-ety,” but that the surveillance must be “prescribed

by law.” 25

Regulation of InvestigatoryPowers Act

The Regulation of Investigatory Powers Act

2000 (RIPA) commenced in the United Kingdomon October 2, 2000. The act was intended to re-

place, update, and satisfy the ECHR test of legalityfor police and investigatory agencies’ activities inthe areas of covert surveillance, the managementand handling of informants, and the decryption of

electronic communications.Commercial organizations areconcerned that electronic com-munications might not remainconfidential and business infor-mation might be accidentally or deliberately made available tocompetitors.

Privacy Issues

The Internet

With little or no control,users become victims of “cookies” (personal iden-tification tags) placed in computers subliminallyevery time they link to the Internet. This poses a

potential intrusion on privacy. In fact, because of privacy concerns, the European Commission intro-duced legislation to prohibit the use of cookies.Advertising executives thought this move seri-ously would damage electronic commerce andInternet advertising sales because informationabout individuals apparently is crucial for market-ing and targeting purposes. 26

One of the biggest concerns about online pri-vacy issues is the lack of overarching principles— even federal laws are at the most minimal level. 27

Data protection principles in the European Unionstrictly require that individuals have to “opt in”

before information can be collected. The Unitedand Strengthening of America by Providing Ap- propriate Tools Required to Intercept and ObstructTerrorism Act of 2001 (USA PATRIOT Act) 28

applies to college technology systems 29 and per-mits federal agents to obtain stored voice mail

“

”

One of the biggestconcerns about onlineprivacy issues is thelack of overarching

principles....



September 2004 / 19

without wiretap authorization. It also allowsInternet service providers to contact federal agentswho do not need a search warrant to help them

intercept the communications of a hacker. Employment Rules exist over company monitoring of e-

mails and Internet use if employees downloadfrom inappropriate Web sites. But, to comply withthe law, employers should make employees awarethat they monitor Internet use.

Now, companies can plug intocorporate networks and monitor all e-mail traffic, including chatrooms, network printer lists, andinstant messaging. Further, inap-

propriate content, including in-tellectual property or harassingmessages, sets off an alarm.

Additionally, many employ-ers no longer trust their employ-ees to make or take telephonecalls; companies often monitor calls for quality purposes. Euro-

pean courts have held that pri-vate telephone conversations

should not be monitored unless parties receive notification of the possibility.A recent survey revealed that 78 percent of

U.S. companies monitor their employees; Internetuse is monitored by 63 percent of employers; 47

percent monitor e-mails; 15 percent have surveil-lance by video; 12 percent review and recordtelephone calls; and 8 percent review voicemails. 30 In addition, some Web sites that help userssearch for jobs have been accused of failing toadequately protect the privacy of millions of appli-cants whose curricula vitae are posted within mas-sive databases. 31

Marketing and the MediaWhy are people targeted with unwarranted

e-mails? Why do they receive unsolicited offers

through the mail? Why do they get telephone callsfrom sales people? When people buy goods or respond to surveys or questionnaires, information

about personal preferences and vital statisticssometimes are recorded and may be used subse-quently to build a relationship with suppliers.Consumers should know that tools and technologyexist to protect their privacy, but it is not inthe interest of software or hardware suppliers todivulge this information. One computer company

executive has called for legis-lation to protect consumers,stating that companies havenot “lived up to the leadershipresponsibilities with such stan-dards,” although protectionsfor consumers exist in manynational jurisdictions. 32

In one UK case involvingintrusive photographs taken ata celebrity’s wedding cer-emony and the publication of them without the permission of the subjects, the judge said,“Equity and the common lawwere today in a position to af-

firm that everybody had a rightto private space.” 33 Legal commentators said thatthe decision was of huge significance in summariz-ing and developing the law of breach of confi-dence. 34 The judge used the Human Rights Act1998 to justify the development of the law, saying,“that this is precisely the kind of incrementalchange for which the act is designed.” This repre-sents a clear development of existing law to use theremedy of injunction rather than damages becausea previous case held that the common law inEngland does not recognize a right of privacy. 35

Also, a later case 36 decided that the courts were not justified in interfering with the freedom of the press simply because there was no identifiablespecial public interest in particular material being

published. 37

© PhotoDisc




Personal DataThe UK Data Protection Act 1998 took effect

on March 1, 2000, but its provisions are incremen-

tal and organizations do not have to fully complyfor 7 years. The police service has some exemp-tions from the act’s provisions relating to the use of data for intelligence purposes and data protectionin that “personal data shall be processed fairly andlawfully.” For example, officers can use informa-tion for intelligence purposes but must keep itconfidential. 38 However, most police departmentshave developed protocols so that information can

be lawfully shared with community safety part-ners, such as local and healthauthorities, to successfullyachieve crime- and disorder-re-duction strategies. In two UK court cases involving child-ac-cess name checks where policeforces communicated confiden-tial information about individu-als to partner organizations,such as local education authori-ties, the infringements of rightsto privacy were justified. 39 Also,the Consultancy Service Index

(CSI)40

maintained by the secre-tary of state for the Department of Health did notcontravene the law. 41

Identity CardsEnhanced “smart” identity cards are within the

capability of existing technology and could containembedded chips to hold fingerprints and other data, such as biometrics and DNA profiles. Theymay increase security, but breaches of such data-

bases could compromise hundreds of thousands of individuals. 42 On February 6, 2002, the UK Home

Office announced that it intends to publish a con-sultation document on entitlement (identity) cards.Home Secretary David Blunkett said, “After theterrorist atrocities in the United States on 9/11, theissue of introducing an identity card scheme wasraised by many people.” He also advised that the

idea of an entitlement card would allow people to prove their identity more easily and allow them toaccess public services, but any proposed legisla-

tion on entitlement cards would not make it obliga-tory to carry the card.One futurologist predicted that computer chips

will be inserted into the human body and con-nected to nerves to govern sensations. 43 Mean-while, the first experiment of linking the humannervous system to a computer already is taking

place in the United Kingdom. 44

It seems that some people have fewer rightsthan others, as all asylum seekers throughout Eu-

rope will be forced to providetheir fingerprints, although notconvicted of any offense. 45 TheEurodac fingerprint databasewill allow the Immigration Ser-vice to check the fingerprints of asylum seekers in the UnitedKingdom against the records of other European Union (EU)countries. If asylum seekers al-ready have claimed asylum inanother EU country, authoritieswill ensure that they are re-

turned to have their claims dealtwith there. Since 1993, the United Kingdom has been authorized to fingerprint asylum seekers.This ability meets with EU and UK data protectionrequirements.

Identity Theft Identity theft is one of the fastest growing

cybercrimes, and the rewards are great. 46 For ex-ample, a former employee of an insurance com-

pany was arrested and charged with stealing theidentities of colleagues from a company database

containing over 60,000 names. 47 He sold some of them over the Internet as part of a credit card scamand offered names and social security numbers for $50 each; one employee had $2,000 dishonestlycharged to his credit card. Estimates place the costof identity fraud in the United Kingdom at over

“

”

Potential threats toprivacy currently exist

and have a wideapplication and impact

on many individuals.



September 2004 / 21

$1.9 billion per year, and a consultation documenton how to combat this growing crime was circu-lated by the government during 2002. 48 In Novem-

ber 2003, the home secretary outlined plans to phase in an identity card scheme in the UnitedKingdom to “help tackle issues like illegal work-ing, immigration abuse, fraud, terrorism, and orga-nized crime.” Further, the result on the consulta-tion with the public revealed that 62 percent of

people in the United Kingdom were in favor of IDcards. 49

THE FUTURE OF PRIVACY

Potential threats to privacy currently exist andhave a wide application and impact on many indi-viduals. Will policing continue to assist in theerosion of privacy, or will it, as its remit should bein a democratic society, uphold the rights of theindividual to maintain confidentiality and personalintegrity? Two experts proposed three models of

policing in the future: the enabling police force, thecrime fighters, and the social engineers. 50 While itis accepted that no police force pursues one modelto the exclusion of all others, the crime-fighter model could place citizens’ rights to private andfamily life at greatest risk. The crime fighter policeforce is waging war on crime through the use of high-technology surveillance, tracking, tagging,and intelligence systems. Ancillary aspects of

policing that do not form part of crime fighting areoutsourced and uniform police work is limited tointelligence gathering and crackdowns. Is this thehighly specialized police force of the future, or doother paradigms exist?

More security will occur in the short termthrough the response to 9/11. 51 Police will begranted heavy powers to ensure the safety of thecommunity against terrorists—but at what cost?Will it be to the ultimate alienation of police fromsociety? Will the financially wealthy be able to buy

privacy with gated residences and an ability tolitigate against public authorities and the media?Many questions concerning invasion of privacystill require answers.

Existing systems can track and monitor anindividual’s actions in real time and over a periodof time, which could result in “super surveillance.”This will be further exacerbated when databases

become linked and interlinked, thereby causing possible unauthorized and unlawful use or disclo-sure of information.

CONCLUSIONInvasions of privacy frequently occur, often

unbeknown to many individuals. The United King-dom has enacted laws to protect its citizens, butquestions remain about potential abuses of per-sonal privacy in the interest of security or law

Further Reading

A. Beckley, The Human Rights: The Pocket Guide for Public Authorities (Hampshire,UK: The New Police Bookshop, 2002).

M. Colvin, Under Surveillance: Covert Surveillance and Human Rights Standards(London, UK: Justice, 1998).

P. Neyroud and A. Beckley, Policing, Ethics and Human Rights (Cullompton, Devon,UK: Willan Publishing, 2001).

P. Neyroud and A. Beckley, “Regulating Informers: The Regulation of InvestigatoryPowers Act, Covert Policing and Human Rights,” in Informers: Policing, Policy,

Practice, eds. Billingsly, Nemitz, and Bean (Cullompton, Devon, UK: WillanPublishing, 2001).




enforcement. Various techniques, such as closed-captioned television, biometrics, and surveillance,exist to invade the privacy of others, and courts in

the United Kingdom have addressed issues relatedto evidence obtained by these methods. Further, privacy issues arise regarding Internet use, market-ing and media outlets, and personal data for intelli-gence purposes. Existing technology already hasthe ability to add biometrics to identity cards.

The future of privacy depends on the acknowl-edgment of many unanswered questions. The abil-ity to invade another’s privacy already is welldocumented. Law enforcement should carefullydetermine its strategy regarding incremental intru-sion on privacy—reduction in liberty is unaccept-able in a democratic society.

Endnotes

1 The Human Rights Act 1998 commenced on November 2,2000.

2 ECHR, Article 8: The Right to a Private and Family Life.3 Madeline Colvin, Under Surveillance: Covert Surveillance

and Human Rights Standards (London, England: Justice, 1998).4 As reported by Privacy International in The London Times ,

March 7, 2002.5 Policing with Intelligence , Her Majesty’s Inspectorate of

Constabulary, Thematic Inspection Report 1997/8.6 For example, the murder of a toddler by two juveniles whose

identities were established when police viewed the CCTVrecordings in a shopping mall; retrieved August 4, 2003, fromhttp://www.crimelibrary.com/classics3/bulger .

7 Provisions of the Data Protection Act 1998 and the Regula-tion of Investigatory Powers Act 2000.

8 T. Bennett, and E. Gelsthorpe, “Public Attitudes TowardCCTV in Public Places: Studies in Crime Prevention”; J. Ditton,“Public Support for Town Centre CCTV Schemes: Myth or Reality?” in C. Norris., J. Moran, and E. Armstrong, eds.,Surveillance, CCTV, and Social Control (Aldershot, UK: AshgatePublishing Company, 1998).

9 See http://motherjones.com/magazine/JF02/up_close.html .10 See http://www.fcw.com/geb/articles/2002/0311/web-face-

03-04-02.asp.11 David Rowan, “The End of the Password?” The Indepen-dent , March 23, 2002.

12 The Daily Telegraph , January 31, 2002.13 Richard Brunstrom, chief constable of North Wales Police

and head of the Technical Committee of the Association of Chief Police Officers of England, Wales, and Northern Ireland.

14 John Dawson, Policy Director, UK Automobile Association.

15 Thomas C. Greene, “Think Tank Urges Face-scanning of theMasses”; retrieved August 4, 2003, from http:// www.theregister.co.uk/content/6/20966.html .

16 Jeffrey Selingo, “It’s the Cars, Not the Tires, That Squeal,”

The New York Times , October 25, 2001.17 See http://news.co.com/2100-1033-846744.html .18 Criminal Justice and Police Act 2001.19 See http://www.excelsor.pwcglobal.com/knowledge/

article.asp.20 R v [1] Mason [2] Wood [3] McClelland [4] Tierney,

February 13, 2002, Court of Appeal.21 Police and Criminal Evidence Act 1984, Section 78.22 Supra note 2.23 “Family Vents its Fury as Murder Trial Collapses,”

The London Times , February 20, 2002.24 R v X,Y and Z (2000) and R v P and Others (2000), Times

Law Reports , December 19, 2000 (November 11, 2000; House of Lords).

25 X v Germany (1976) 3 DR 104.26 “Proposed European Legislation Takes Aim at Cookies,”

Sans newsletter, October 31, 2001. See http://www.wired.com/ news/politics/0,1283,48025.00.html .

27 Laura J. Gurak, director of the Internet Studies Center andassociate professor in the rhetoric department at the University of Minnesota-Twin Cities and author of Cyberliteracy: Navigating the Internet with Awareness (Yale University Press). See http:// chronicle.com/free/2002/2002021901t.htm .

28 PL 107-56, October 26, 2001, 115 Stat 272.29 Scott Carlson and Andrea L. Foster, “Colleges Fear Anti-

terrorism Law Could Turn Them Into Big Brother,” TheChronicle of Higher Education , February 28, 2002. See http:// chronicle.com .

30 Eric J. Sinrod, “E-legal: Electronic Surveillance in theWorkplace,” October 16, 2001; see http://www.law.com .

31 “Systemic Privacy Abuses at Monster.com”; http:// www.newsbytes.com.news/01/169779.html .

32 See http://update.internetweek.com/cqi-bin4/ .33 Michael Douglas, Catherine Zeta-Jones, Northern and Shell

plc v Hello Ltd. (2001) Court of Appeal December 21, 2001,Times Law Report , January 16, 2002.

34 Philip Plowden, “Right to Privacy,” Journal of Civil Liberties , University of Northumberland, School of Law, Northumbria Law Press, March 2001, 57-72,

35 Secretary of State for the Home Department v Wainwrightand Another (2002), Times Law Report , January 4, 2002.

36 A v B plc and Another, Court of Appeal, Times Law Reports , March 13, 2002.

37 The Human Rights Act 1998, Section 12, and ECHR,Article 10, Freedom of Speech.

38 See Alan Beckley, The Human Rights Guide for Public Authorities (Hampshire, UK: The New Police Bookshop, 2002).

39 Article 8 infringements are subject to the “pressing need”test, which, in this case, justified the infringement.



40 A register of people deemed unsuitable to work withchildren. In these cases, the court agreed that “the maintenanceof the CSI was in proportion to the objective to be obtained.”

41 Supra note 2.42 Ari Schwartz, Center for Democracy and Technology,

Washington, DC. See http://www.nandotimes.com/technology/ story/269751p-2478282c.html .

43 @METRO Free Newspaper, February 28, 2002, (TrinityMirror plc: London).

44 “Briton Wires Nervous System to a Computer,” Reuters,March 22, 2002. See http://www.nytimes.com/reuters/technology/ tech-britain-cybernetics.html .

45 Police related press releases for February 28, 2002; “FinalAgreement Reached on EU Fingerprint Database for AsylumSeekers,” provided by Police Profiling from Horn Ltd.

46 For more information on identity theft, see Matthew L.Lease and Tod W. Burke, “Identity Theft: A Fast-GrowingCrime,” FBI Law Enforcement Bulletin , August 2000, 8-13; and

John Pollock and James May, “Authentication Technology:Identity Theft and Account Takeover,” FBI Law Enforcement

Bulletin , June 2002, 1-4.47 Jacob H. Fries, “Worker Accused of Selling Colleagues’ IDs

Online,” New York Times , March 2, 2002; retrieved on August 4,2003, from http://www.nytimes.com/2002/03/02/technology/ 02INTE.html .

48 “Government Joins with Private Enterprise to Fight IdentityFraud,” daily police-related press releases, provided by PoliceProfiling from Horn Ltd., March 21, 2002.

49 “Blunkett: ID Cards to be Phased In,” daily police-related press releases, November 11, 2003.

50 P. Neyroud and A. Beckley, Policing, Ethics, and Human Rights (Cullompton, Devon, UK: Willan Publishing, 2001).

51 Overwhelming evidence was provided to the author at“Homeland Security: Policing in the 9/11 Era,” a conferencehosted by The Institute of Law Enforcement Administration of theCenter for American and International Law, March 25-27, 2002.

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September 2004 / 23




Fear Less by Gavin de Becker, Little, Brown and Company, New York, New York,2002.

According to its author, Fear Less bringsforth the real truth about risk, safety, and secu-rity in a time of terrorism. Gavin de Becker is anationally recognized expert in the predictionof violence and in the response to threats. The

book, written in the aftermath of the events of September 11, 2001, collects, in a compre-hensive way, the concerns that Americans

have been struggling with since that fatefulday. In short, the author attempts to bring to theforefront the issues that citizens of a free na-tion must consider and resolve not only to havethe feelings of safety but also to actually besafe.

As in his previous books, Gift of Fear and Protecting the Gift , the author has shown, invivid detail, why individuals sometimes arefearful and how that fear can become their greatest ally in the battle between good andevil, safety and danger. Acknowledging thatfear is present and helpful for society’s collec-tive survival, the author connects the aspect of intuition as the mechanism that allowsindividuals to manage their fears and, thus,

Book Review

their responses. The author writes in a conver-sational style, much like that of a consultant,

and is thoughtful and forthright in his apprais-als of security measures and evaluationsof risks and fears. He looks at both sides of the controversy and does not hesitate to pointout false assumptions and remedies offered byothers while, at the same time, offering newsolutions.

Terrorism is not new to this country, andthe author provides a historical and factualaccounting of the many terrorist acts commit-ted against the United States over the years,some of which have not been widely reportedor remembered. He provides some experiencesand tools that the reader may not have consid-ered in helping to answer the questions aboutAmerica’s safety and future. The book is di-vided into logical chapters that give a no-non-sense review of many issues leading to theanswers to such tough questions as whether air travel can be safe and how to talk to childrenabout terrorism. The book also gives an up-to-date and comprehensive listing of Web sitesand straightforward descriptions of terrorist

activities, such as biological, chemical, andnonmilitary nuclear attacks, as well as evaluat-ing the credible threat and warning signs. Theauthor couples many factual and important in-formation items with critical looks at the mediaand the newspeak of fear. While the electronicmedia has not always found favor with theauthor’s opinions, they, nevertheless, have

been willing to give great exposure to thiswork.

Readers will find Fear Less very thought provoking with the information offered and theway it is presented. While written for the aver-age citizen, law enforcement professionalsfrom every level of service will find it useful.Armed with the knowledge and philosophy of



September 2004 / 25

this book, officers should find it easier to accu-rately and intelligently speak to the prevalentfears of the citizens they serve. One conceptthat the author firmly believes in is the recogni-tion of preincident indicators and how tointerpret and internalize them for maximumsafety and results. The book offers an in-depth analysis of the safety of air travel, the

pitfalls associated with the airline industry, aswell as concrete and attainable solutions toeliminate this facet of terrorist activity. Other chapters explore how the average personcan become a critical element in combatingterrorism by being an antiterrorist as a messen-ger of intuition and studying the architecture of conspiracy.

Fear Less presents the timeliest response tothe many issues facing Americans today in thisnew world following the tragic events of Sep-tember 11, 2001. Readers from all walks of lifeand professions will find this book appealing.This is one of those books that readers willrecommend to friends, family members, andcolleagues. It represents an important work that makes sense of all that is occurring in thisunsettled world and helps all citizens actuallyfear less.

Reviewed byRex J. Rakow

Director of Security and PoliceUniversity of Notre Dame

Notre Dame, Indiana

The FBI Law Enforcement Bulle-tin staff invites you to communi-

© Digital Vision

cate with us via e-mail. Our Internetaddress is [email protected] .

We would like to know your thoughts on contemporary law en-forcement issues. We welcome your comments, questions, and suggestionsabout the magazine. Please includeyour name, title, and agency on alle-mail messages.

Also, the Bulletin is available for

viewing or downloading on a number of computer services, as well as theFBI’s home page. The home pageaddress is http://www.fbi.gov.

The Bulletin’s E-mail Address




hen the judge readthe jury’s verdict, thecourtroom wasW

stunned. How could this be? Itseemed like a simple, open-and-shut case. Later, reportersquestioned the jurors who spokeof factors that never occurred tothe investigating officers, suchas a witness who acted nervous,a police officer who seemed

arrogant, and the possibility thatevidence had been mishandled.Similar cases now abound,incongruous at first until nor-mally insignificant behaviors

prove otherwise.

The theater of the courtroomhas changed in the last 20 years.As many trial consultants havefound, the performance of theactors (law enforcement offi-cers, lawyers, and witnesses) inthe courtroom impacts theoutcome of cases. How peopletestify and how others perceivethem are as important as their testimony. If these actors fail to

communicate properly or the jury does not believe them, thenall of the effort put into investi-gating the case will prove

pointless. Instead, pretrial work must be presented properly in

court; jurors must understandwitnesses; testimonies must becompetent and reliable; andeveryone must present the truth.Often, however, law enforce-ment officers do not see them-selves as actors in this drama.

Today’s jury (the audience)has evolved from 30 years ago.Jurors are older, more represen-tative of both sexes, and in-

creasingly racially and ethni-cally diverse. Further, they havea greater variety of backgroundsand a higher level of education.Jurors arrive loaded with their own notions of the courtroom,

Testifying in the Theater

of the Courtroom By JOE NAVARRO, M.A.

© Comstock



September 2004 / 27

“

”

Jury surveys and research in

communication provide guidance to law

enforcement officers on how to be more effective

in court....

Mr. Navarro, a retired FBI special agent with the National Security Division’s Behavioral Analysis Program, currently

provides private consultation to the intelligence community.

what they expect to see andhear, and how others should

present the information.

Today’s jury has seen thousandsof hours of television images,which accounts for much of what they anticipate in thecourtroom. Unlike their prede-cessors, they are both moredemanding and distrustful.Unsurprisingly, surveys showhow often jurors feel disap-

pointed by the performance of the actors during the trial. Thesedisappointments have seriousconsequences—they translateinto mixed-up jurors, dead-locked juries, or acquittals. 1

Jury surveys and researchin communication provideguidance to law enforcementofficers on how to be moreeffective in court, whether sitting at the prosecutor’s sideas the lead investigator or testifying as a witness. The jury

scrutinizes how officers dress,speak, behave, and present before, during, and after testify-ing. And, where communica-tion, both nonverbal and verbal,must be effective and persua-sive, jurors must perceive such

presentations as truthful andcompetent.

Dress and AttireOfficers must dress specifi-

cally for the job in the court-room. 2 An individual’s dressand attire establishes hierarchyand status, essential for project-ing a professional presence.

Ample evidence suggests that,for males, the traditional dark

blue suit, white shirt, and

conservative tie projects suc-cess, competency, and evenveracity. 3 Popular televisionnewscasters seldom vary their attire from this combination of colors. Conversely, officersshould avoid brown colors

because they do not conveyauthority, honesty, or eruditionas well as blue and grey colors. 4

Officers should refrain fromtestifying in their uniformswhen possible because juror

perceptions have shifted over the years—a suit and tie provesthe most influential attire,especially in a jury trial.

Female officers shouldchoose comfortable businesssuits with a conservative lengthand style. They should avoid

loud colors or sexually sugges-tive attire. Shoes should becomfortable and stylish.

Women should avoid wearinghigh heels or open-toe shoes.Inappropriate or unprofessionalclothing that defies conventioncan distract or even antagonizea jury. 5 Further, women’searrings should conform withconservative wear, and bothsexes should avoid displayingtattoos or body piercing. Many

people perceive tattoos andexcessive body piercing as“blue-collar” artifacts, remnantsof rebellion and immatureinjudiciousness that carrynegative implications. 6

Nonverbal and VerbalComponents

Countenance often betraysconcern, worry, happiness, even




anxiety; it can betray what a person knows or hopes toachieve. 7 Facial expressions can

prove revealing and problem-atic. Displays of indifference,disgust, antipathy, displeasure,or arrogance interfere with a

jury’s perception either on thestand or at the prosecutor’stable. Officers should avoidrolling their eyes (perceived asdisrespect) and knitting their eyebrows or forehead (reflectingtrouble, strain, or concern),actions jurors readily anduniversally scrutinize. 8 Officersshould present confidence of their case to the public, rather than arrogance, which the juryoften perceives and translatesnegatively. 9

Openness is integral toeffective communication.Honest individuals tend todisplay more openly thandishonest ones. People who

become tense and hide behindobjects appear less open, caus-ing others to question veracity. 10

Law enforcement officersshould not use hand and armgestures that detract fromopenness. 11 They should displaytheir hands with palms up— leaving nothing between themand the jury. Also, officersshould emphasize by leaningforward because jurors usuallyreceive this as a sign of commit-ment, openness, and veracity. 12

Most talented speakers use their hands and arms to illustrate andanimate. 13 Emphasis is the

nonverbal component of speechthat gives gravitas to a state-ment—a verbal underline.

When testifying for hours onthe stand, emphasis tells the jury what is important.

them—actions that earn respect.Further, officers can subtly

preen themselves (e.g., pressing

down their coat, jacket, dress, or tie)—jurors perceive efforts togroom symbolic of caring,attentiveness, and respect.

Where possible, even beforecourt procedures begin, officersshould display warmth andfriendliness and smile at others.In most courtrooms, jurors waitin hallways prior to their selec-tion. Officers should greet

potential jurors and make eyecontact as they walk by; jurors

personally may not know theofficers, but they will remember glad graces. 16 Further, officersshould make eye contact often,

but respectfully, with the jurywhile testifying. 17 Officersshould strive for jurors to seethem as a friend, rather thanas the enemy.

Jurors usually remember

information through visualiza-tion. A well-prepared visualsupports an officer’s testimony,which will resonate with jurorsduring deliberations. Jurieswant to hear a logical andmeaningful story about whathappened, and they also wantto see it in their minds. 18 If lawenforcement officers cannot

present the case in a logicalorder, then they should explainthe reason at the beginning of their testimony. Jurors areaccustomed to watching amedium that presents storiescogently and in order.

Openness is integral to effective

communication.

Lowering voice pitch for emphasis often proves more

productive than raising it.Further, weak or high-pitchedvoices annoy others. If jurorshave to strain to hear a person’svoice, or if someone has annoy-ing vocal qualities, jurors often

tune them out. A soothing,resonating voice gets jurors’attention. Although this tech-nique may take some effort,officers should practice theseskills as actors and newscastersdo. 14

In the Courtroom

Posttrial and mock-trialsurveys show that law enforce-ment officers often fail toconnect with juries because theyneglect to show jurors respect. 15

Officers should stand when jurors enter the courtroom andturn their attention toward

”

“



September 2004 / 29

Jurors perceive individualswho come prepared, speak authoritatively with the facts

(not generalities), and presenttheir testimony without hesita-tion as more credible. 19 Officersshould speak clearly. Most

people normally say approxi-mately 120 words per minute,yet individuals can understandat twice that speed. The slower a person speaks, the greater their chances of lulling theaudience. 20 Officers should notuse law enforcement terms or acronyms unfamiliar to the jury.If jurors do not understand aword, they will ignore it or,worse, think it means somethingelse. For example, the word paramour becomes power

mower .Jurors tend to remember

emotional matters better thanfactual ones. Where possible,witnesses and victims especially

should humanize an event,showing the emotional compo-nent. Also, repetition serveswell, but not when overdone. Infact, studies suggest that whenmatters are repeated more thanfive times, jurors begin to balk at the information. 21 Details are

best remembered when pre-sented at the beginning (rule of

primacy) and at the end (rule of recency). 22 Further, prior to thetrial, officers should prepare for conceivable questions and try todiffuse vexatious ones.

Witnesses who appear comfortable, open, and genuine

will give more effective testi-mony. 23 They should discussany issues or concerns before

the trial, review their testimonywith the prosecutor to ensure itmakes sense, and determine if anything about their appearancemight detract from their testi-mony. Witnesses, even experi-enced ones, should attempt toovercome fears and anxietiesabout testifying. Such anxietiesare reflected in their bodylanguage, which, unfortunately,

On the stand, officers can behuman—cry and admit mis-takes—but they never must lie

or give the appearance of lying.They should not get tricky or clever; it almost always back-fires. Further, officers shouldnot try to settle a score withopposing counsel, indulge inhistrionics or facial gestures,or act blasé. They should think carefully about every questionand deliberate on each one for the same amount of time, re-maining pensive, not reactive.Additionally, officers shouldnot try to fill any silence voids;working this out with the pro-secutor ahead of time andremaining mindful of varioustactics opposing counsel mayuse will result in a more effec-tive testimony. As their testi-mony unfolds, officers shouldremain attentive and lean intothe questioner and the jury.

Communicating effectivelyis an art form. Skilled actorsand newscasters master the artof communication. Acquiringeffective communication skillsshould receive just as muchattention as developing inter-viewing or defensive drivingabilities. If jurors doubt anofficer’s veracity, feel antago-nized, or do not understand theofficer, they will be reflexiveand reciprocate, even thoughthe investigation was faultless. 26

After testifying, an officer’s job still is not complete. Offi-cers should collect their notes

jurors often misconstrue assigns of deception. 24 Biting thelip, touching the nose or the

back of the neck, jiggling a footor leg, tugging at ears, or wring-ing hands often are misunder-stood as evincing mendacitywhen, in fact, these merelyreflect the assuagement of tension or nervousness. Noresearch supports that these

behaviors alone indicate decep-tion. 25 If necessary, officersshould keep their hands on their lap until they calm down.

© brandXpictures




and acknowledge the court and jury as they step down. Walkingaway, whether they leave

the court or return to the prosecutor’s table, they mustremain professional. At the endof the trial, officers shouldconduct a postmortem, learningfrom their mistakes and suc-cesses on the stand. Attorneysor bailiffs often may agree toevaluate the officer’s testimonyafter the trial, which can pro-vide valuable constructivecriticism.Conclusion

Law enforcement officers play a vital role in the court-room—that juridical theater where judges and juries makelife-altering decisions based,for the most part, on the perfor-mance of witnesses and theweight of their testimonies.Jurors expect witnesses to beopen and genuine, not clever or tricky.

Those who present beforea jury have a duty to communi-cate effectively, honestly, andwith respectful deference. Whatofficers wear and how theyspeak, behave, and present inthe courtroom often determinethe effectiveness of their testi-monies. This, after all, is thetheater where performance truly

matters most, where what issaid and how it is said willinfluence jurors. Officers must

provide the audience with theinformation it needs to make

effective decisions in the theater of the courtroom.

Endnotes1 Daren Fonda, “A Real Head Case,”

Time , November 24, 2003, 35.2 John T. Molloy, Dress for Success

(New York, NY: Warner Books, 1975),12.

3 Judee K. Burgoon, David B. Buller,and W. Gill Woodall, Nonverbal Commu-nication: The Unspoken Dialogue(Columbus, Ohio: Greyden Press, 1994),383-385; and Nancy Etcoff, Survival of the

Prettiest: The Science of Beauty (NewYork, NY: Anchor Books, 1999), 79-80.

Proven Strategies for Law Enforcement,Military, and Security Personnel (Spring-field, IL: Charles C. Thomas, 2003),73-80.

9 John A. Call, “Making the ResearchWork for You,” Trial 32, no. 4 (1996): 25.

10 Joe Navarro and John R. Schafer,“Detecting Deception,” FBI Law Enforce-ment Bulletin , July 2001, 9-13.

11 Supra note 3 (Burgoon, et al), 384.12 Supra note 3 (Burgoon, et al),

378-379.13 Mark L. Knapp and Judith A. Hall,

Nonverbal Communication in Human Interaction , 3d ed. (New York, NY:Harcourt Brace Jovanovich, 1997),262-269.

14 Supra note 4 (Dimitrius andMazzarela), 203.

15 Amy Singer, “How to Connect withJurors,” Trial 35, no. 4 (1999): 22.

16 Jo-Ellan Dimitrius and Mark Mazzarela, Reading People (New York,

NY: Ballentine Books, 1998), 45-75.17 Supra note 3 (Burgoon, et al), 401.18 David A. Wenner, “Preparing for

Trial: An Uncommon Approach,” Trial 34,no. 1 (1998): 34-35; and supra note 15, 23.

19 Supra note 9, 23; and supra note 3(Burgoon, et al), 380.

20 Supra note 7, 340.21 Supra note 18, 34.22 Thomas Sannito and Peter J.

McGovern, Courtroom Psychology for Trial Lawyers (New York, NY: JohnWiley and Sons, 1985), 163-64.

23 Amy Singer, “Practice MakesPerfect: The Psychology of WitnessPreparation,” Trial 32, vol. 9, (1996): 70.

24 Supra note 23, 71.25 Charles V. Ford, Lies! Lies! Lies!:

The Psychology of Deceit (Washington,DC: American Psychiatric Press, 1996),198-227; and Joe Navarro, “A Four-Domain Model of Detecting Deception,”

FBI Law Enforcement Bulletin , June 2003,20-21.

26 Robert B. Cialdini, Influence: The Psychology of Persuasion (New York, NY: William Morrow and Company, Inc.,1993), 17-56.

4 Supra note 2, 164-165; and Jo-EllanDimitrius and Mark Mazzarella, Put Your

Best Foot Forward: Make a Great Impression by Taking Control of HowOthers See You (New York, NY: Fireside,2002), 171-175.

5 Supra note 2, 187-196.6 Desmond Morris, Body Watching

(New York, NY: Crown Publishers, 1985),80-83.

7 Ronald B. Adler and George Rodman,Understanding Human Communication(New York, NY: Holt, Rinehart, andWinston, 1988), 337-339.

8 John Schafer and Joe Navarro, Advanced Interviewing Techniques:

At the end of the trial, officers

should conduct a postmortem, learning

from their mistakes and successes….

”

“



Notable Speech

ifty years before Middletown became acity, night watchmen walked the streets in

Chief Byrne of the Middletown, New York,

Police Department delivered this speech

to the Middletown City-wide Neighborhood Watch.

The Neighborhood Watch By Matthew T. Byrne

Fcivilian clothes on guard for petty thievery andassaults. In 1888, Middletown was established,and eight uniformed officers banded together toform the Middletown Police Department. Their

primary duties included meeting every train, dis- persing crowds, requiring loafers and loungers tomove on, and preventing newspaper delivery boysfrom shouting their papers on Sundays. With onlyeight officers, the police relied on the communityfor help with emergencies, disturbances, and manyother matters of public safety. Often, they blewtheir whistles to summon assistance.

Much has changed in the 116 years since theMiddletown Police Department was founded. Thecity’s population has grown from about 2,000 toover 25,000 people, and the police force has grownfrom 8 officers to 65 sworn officers and 15 civiliansupport staff today.

Chasing horses and meeting trains has been

replaced by rushing to 911 calls in a radio car.Technology, forensic science, and terrorism alertsall are part of the new fabric of policing. The

professionalism, training, and dedication required by the men and women who perform asMiddletown police officers today have grown ex-

ponentially. In almost two centuries of policing,there is one thing that has not changed throughoutthe history of the Middletown Police Department,one constant that has never faltered or diminished.That one vital thing is the trust we proudly sharewith the community.

Webster’s dictionary defines trust as a chargeor duty imposed in faith or confidence or as acondition of some relationship. As chief, I amgrateful for the trust that has developed betweenus. Thomas Jefferson once wrote, “When a man

assumes a public trust, he should consider himself as public property.” What are we, the police, butextensions of you, the community. Thomas

Jefferson also said, “I know of no safe depositoryof the ultimate powers of society but with the people themselves.” We have no greater power than the trust that you place in us, a trust we

proudly accept and greatly respect. We are ever mindful of our duty to represent the best interest of the entire community.

We rely on you, the community; we depend onyou, the community; we are beholden to you, thecommunity. In fact, we could not survive withoutthe trust and selfless support that the Middletowncommunity and the Neighborhood Watch alwayshas given us.

We are selected from among the communitywe serve and we take an oath that bestows a publictrust on us. That public trust is a special thing andone that no officer ever should take lightly. Whenyou joined your local Neighborhood Watch group,you too demonstrated your commitment to justicefor all citizens of Middletown. John F. Kennedyonce said, “(America) was founded on the prin-ciple that all men are created equal, and that the

September 2004 / 31




rights of every man are diminished when the rightsof one man are threatened.” Together , we form aunified body of trust far greater and stronger than

any of our adversaries, greater than any gang or common criminal could ever hope to achieve. Each Middletown police officer is part of a

highly skilled group of dedicatedindividuals who handle over 20,000 calls for service eachyear. The average officer handles anything from a domes-tic dispute to a serious car acci-dent to a lost or runaway child,all within the first few hours of the shift.

In the often hectic, day-to-day operations that turn the gearsof police service, the communityis the fuel that feeds us and themap that guides us. You truly areour eyes and ears. You determinewhat the needs of Middletown are and how to bestkeep Middletown a safe place to live and work.Crime is an evil disease that spreads if left un-checked. An old Chinese proverb reads, “Lawscontrol the lesser man. Right conduct controls the

greater one.” The Neighborhood Watch forges partnerships with the police and the communityand succeeds in fighting the isolation that criminalconduct fosters and preys upon. The help you havegiven us over the years has been invaluable and wewould not be able to function without it. We aregrateful and we thank you.

The Neighborhood Watch is a perfect exampleof good citizens at their best. Dr. Martin Luther

King once said, “People who have a stake in soci-ety, protect that society, but when they don’t haveit, they unconsciously want to destroy it.” The

Middletown Police Department is very fortunate toenjoy the unwavering support of so many dedi-cated citizens from throughout the community in

its Neighborhood Watch pro-gram. The Neighborhood Watchis exactly what we have neededin the past and it continues to bevery much a necessity inMiddletown today.

The dynamics of law en-forcement have placed increaseddemands on the police and thecommunity as well. In additionto our concern for burglary andlarceny, we have a renewed vigi-lance for terrorism, child abduc-tions, gangs, and violent crime.Once again, we are powerless

without your support and ineffective without your assistance. Your commitment to the NeighborhoodWatch program is a testament to your commitmentto Middletown. Your participation in the Neigh-

borhood Watch groups is exactly what

Middletown needs to form a united front againstcrime and the fear it creates.We may not carry whistles anymore, but you

always have been there when we have needed youto lend your support, and we sincerely appreciateall you have done for us. The trust we share must always be our source of strength against crime.Together, we will continue to make Middletown asafe and wonderful place for all to enjoy.

“

”

Together , we form aunified body of trust

far greater andstronger than any ofour adversaries….

Anyone who has delivered a speech recently and would like to share the information with a wider audience maysubmit a transcript of the presentation to the Bulletin for consideration. Presenters should submit their transcriptstyped and double-spaced on 8 ½- by 11-inch white paper with all pages numbered. When possible, an electronicversion of the transcript saved on computer disk should accompany the document. Send the material to: Editor,FBI Law Enforcement Bulletin , FBI Academy, Madison Building, Room 201, Quantico, VA 22135.



The Bulletin Notes

Law enforcement officers are challenged daily in the performance of their duties; they face eachchallenge freely and unselfishly while answering the call to duty. In certain instances, their actionswarrant special attention from their respective departments. The Bulletin also wants to recognizethose situations that transcend the normal rigors of the law enforcement profession.

Sergeant Murphy

Sergeant Jay Murphy and other officers of the Beatrice, Nebraska,Police Department responded to a call of a suicide attempt. Upon hisarrival, Sergeant Murphy observed a man with a gasoline can in one handand a cigarette lighter in the other in the front yard of a residence. SergeantMurphy determined that a domestic dispute had occurred, after which theman covered his body in gasoline and planned to ignite himself upon thearrival of police. Without regard for his own safety, Sergeant Murphy,using two other officers as a distraction, got behind the subject, grabbed

him, and wrestled him to the ground, preventing the ignition of the gaso-line. Sergeant Murphy’s quick thinking and professional actions preventedthe serious injury or death of the individual.

Officer Moccio Officer Burke

After noticing a woman straddling a wall on thethird level of a parking garage and determining thatshe planned to jump, Officer Anne-Marie Moccio of the Vanderbilt University Police Department in Nash-ville, Tennessee, engaged her in conversation as Of-ficer Ryan Burke arrived on the scene. The subjectbecame increasingly agitated and caused herself tofall. Officer Moccio jumped forward, grabbed thewoman’s left leg, and pinned it against the wall. Of-ficer Burke reached over the ledge and, despite thesubject’s physical resistance, pulled her back to safety.

The woman continued to fight with the officers as they secured and handcuffed her. Sufferingfrom a chronic illness and under the influence of mind-altering pain medication, the subjectreceived immediate trans-port to an emergency room.The brave actions of Offi-

cers Moccio and Burkesaved this woman’s life.

Nominations for the Bulletin Notes should be based on either the

rescue of one or more citizens or arrest(s) made at unusual risk to anofficer’s safety. Submissions should include a short write-up (maximumof 250 words), a separate photograph of each nominee, and a letterfrom the department’s ranking officer endorsing the nomination.Submissions should be sent to the Editor, FBI Law Enforcement Bulletin ,FBI Academy, Madison Building, Room 201, Quantico, VA 22135.



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The patch of the Eaton Rapids, Michigan,Police Department features the Grand River; asdepicted by the water wheel, the river continues itslong history of providing power for the city. Thesteel spanner bridge adjacent to the setting sun wasremoved in 1983 and currently serves as a tourist

The Pueblo of Sandia Police Departmentserves a Native American reservation in central

New Mexico. Its patch features symbols above and below the arch that represent the clouds and rain,an emblem at the apex of the arch that depicts thesun and moon, and the Sandia Mountains that

Patch Call

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