POLICE ETHICS and LETHAL FORCE
in the 21st CENTURY

 © 2019 Chuck Klein

Published in the Fall 2019 issue of THE CHIEF OF POLICE magazine,
the Official Publication of The National Association of Chiefs of Police.


To fight the unbeatable foe,
To run where the brave dare not go,
To right the unrightable wrong;
And I know, if I remain true
To this glorious quest,
That my heart will lie peaceful and calm
When I’m laid to my rest (1)

PREFACE:
The 20th Century saw policing, by means of mandatory training and certification, transition from a trade to a profession. Now, well into the 21st Century these trained specialists are facing new challenges brought about by the proliferation of social media and its power of political, and public interactions. Though this powerful influence is testing old concepts involving tactics the ethics and moralistic behavior of American police officers are not and never have been subject to variation.

The creation of Homeland Security, coupled with the threats of terrorist strikes, introduced a whole new level of law enforcement obligations that has put increasing pressure on America's first line of defense. Not only do police officers have to continue dealing with the common criminal, handle domestic disputes, traffic accidents and other "regular" duties, but the new intensity of possible massive attacks is heavy on the mind. In addition, law enforcement officers (LEO) are being required to tender life-saving acts including the administration of specialized drugs to over-dose victims, all the while knowing their every act and utterance will be monitored by public and/or private sector surveillance methods.

Added to all of this are back-of-the-mind worries of intentional, premeditated ambushes that significantly elevate stress levels. However, and this is a big however, the beat cops are constantly being tested - regardless of the pressure – to forsake their duty to adhere to their sworn obligations. No matter what the provocation or public opinion, American police officers have adhered (so far) to their primary responsibility to protect the citizenry - including even the most reprehensible of perps. The crux of this sworn duty includes maintaining the highest level of ethical behavior and the commitment to put one's self in harm's way if called upon to do so.

Notwithstanding safety, the law enforcement community might be better off returning to primary duties of protect, enforce the law and keep the peace. Forcing additional non-lethal arrest tools or life-saving devices/drugs on the already over-trained and weighted-duty-belt only encourages more resistance from the non-law-abiding and those who have self-inflicted their own conditions. Burdening LEOs with secondary obligations as requisites due to society’s desires to make patrol officers social-workers and medical saviors reduces basic duty abilities and increases stress levels.

Stress is inversely proportional to efficiency and directly proportional to risk.

CHANGE OF DIRECTION:
Though courts have been hesitant to convict police officers of excessive force, this reluctance may change as ubiquitous cameras continue to witness use-of-force by our LEOs when that power is sometimes, at best, questionable. The conditions that contributed to this pattern may be a result of being overwhelmed by stress, complex responsibilities such as drug-abuser rescuer or perhaps training to a lower standard. Since the millennium, to be a police officer, almost no one is disqualified due to being obese, short, skinny and/or lack a superior physical strength and stamina. To compensate for these variations in a disparity of force compendium, all officers are trained to respond to the weakest-link level. In other words, they are trained to affect an arrest using the degree of force necessary by the puniest member of the force - what heretofore used to be considered excessive force. Regardless of whether this trend is politically or ideologically motivated, is not the issue, the thin blue line must not be broken.

Prior to this modern non-discriminatory hiring criteria, law enforcement officers, when confronted with an uncooperative subject, bodily knocked them to the ground. Back then, cops had to have the grit to face possible physical injury rather than conform to society’s image of a social worker. This shift in use-of-force seems to have created a criminal mindset, albeit subconsciously, that LEOs, per se, are afraid (restricted or unwilling) of mixing-it-up. That is to say, if the perps of the world have the outlook that they won’t have to face the possibility of painful bruises or broken limbs, they tend to resist arrest while believing that physically assaulting a police officer will improve their image among others of their ilk. (2)

Problem is, today all persons not instantly complying with verbal commands of a LEO – or maybe not displaying empty hands - are assumed to be a possible deadly encounter which justifies deploying firearms. Once a lethal weapon is in play, the tendency to exercise its power is more likely. When microseconds count, death – either the perp’s or the cop – is only one of these away. Society, per se, struggles with these realities.

A MATTER OF SEMANTICS:
Most law enforcement codes of conduct/ethics uphold certain general principles in order to prevent misconduct and abuse of power. These principles (in addition to laws) are designed to guard against police deviance, or behavior inconsistent with norms and values. They include, but are not limited to: the duty to uphold the law and loyalty to the constitution, personal integrity, honesty, honor, responsibility to know the law and understand the limits of one's power and responsibility to use the least amount of force necessary to achieve the proper end. In addition, codes of ethics encompass misconduct (excessive or discriminatory use/non-use of force), corruption (forbidden acts involving misuse of office for gain), and favoritism (biased treatment of strangers as well as friends or relatives). In other words, ethics - ethical behavior - is defined as a set or system of moral values that are based on honesty and integrity. Simply put, to a cop ethics means: no lying, no cheating, no stealing - no exceptions, no excuses.

Complications arrive with the definitions of words or phrases. Some have interpreted the notion that "police officers should never act in a cowardly manner" to mean cops must sacrifice their lives for the sake of not being labeled chicken. Nothing could be further from the truth. There is a difference between sacrifice (purposely giving up one's life) and duty (complying with a moral or legal obligation related to one's occupation or position). An officer's life is of no greater or lesser value than that of any other citizen. However, because of their unique duty they have agreed, by a sworn oath, to place their life - but not to the point of surrender - at risk. In a timely manner and short of suicide, a police officer is duty bound to place his or her life in jeopardy to protect members of society.

No one is saying or expecting LEOs to sacrifice their life, but each officer has the duty to protect the public during lethal force encounters. The very nature of the police occupation is centered around perilous activity. If the work involved only taking reports, directing traffic and calling in a SWAT team when danger appears, the job could be done by social workers or clerks.

Being afraid is okay. Possibly the best definition of overcoming fear to perform one's duty is found in the plot and theme song to the early 1950s movie, High Noon. Here, on his wedding day, the Town Marshall (played by Gary Cooper) learns a man he sent to prison is returning on the noon train. The officer is torn between leaving on his honeymoon, as planned, or staying to face the perp. His bride (played by Grace Kelly) begs her groom to give it up. She leaves without him as Tex Ritter wails the theme song - the watchwords of police officers of all time:

"I do not know what fate awaits me,
I only know I must be brave,
for I must face the man who hates me,
or lie a coward, a craven coward,
or lie a coward in my grave" (3)
.

The bride returns just in time to blow one of the gang members away to save her man, who then out-draws the ex-con. In real life sometimes the perp wins and sometimes the spouse doesn't come back, but to a sworn police officer either one of those situations is preferable than being labeled a craven coward.

TYPES OF OFFICERS:
When it comes to dealing with dangerous situations, there tends to be three types of police officers: Fool, Coward and Hero. Fortunately, the hero type overwhelmingly represents the American police ranks. In a small, treacherous minority are the others. Police officers carry firearms and less-than-lethal tools for two reasons: 1) For purposes of self-protection and, 2) To protect society. Ergo, since society allows police to carry these defensive instruments to facilitate the requisites of the job, it goes without saying that sworn officers are expected to place themselves between danger and members of society when so required.

The Fool is one who temps fate by ignoring training procedures and expertise such as not wearing body armor or, for example, not notifying dispatch when stopping an armed robbery suspect. While apprehension of criminals is an end in and of itself, per se, only a fool attempts a collar at the expense of officer or members of the public’s safety. However, that is not to say that anything short of sacrificing one's life in order to protect/save the life of one you are sworn to serve and protect is not part of the job. This is also not to say that bravado is the same as bravery. There is a difference.

The Coward is one who fails to institute a serious attempt to protect society due to fear or a mindset that equates personal safety over the moral and legal obligation to protect others. Officers failing to place themselves in harm’s way because of such a mindset are guilty of non-feasance at best or mal-feasance at worst. A coward is also one who flat-out ignores suspicious activity in order to avoid chancy confrontations. One of the duties of a Field Training Officer is to weed-out cowards from the ranks. Of course, if the FTO is a coward....

ANY FIREFIGHTER OR POLICE OFFICER WHO DOESN'T BELIEVE THAT COWARDICE
IS A FATE WORSE THAN DEATH, IS IN THE WRONG BUSINESS.

The standard that one may use deadly force if one believes they are about to be the victim of a lethal force assault is well established in law. This doctrine of self-defense applies to cops as well as civilians. Of course, this belief must be based upon something other than pure fear, such as the perp has a gun or a knife. Even then, being afraid the perp might use the weapon is not sufficient. There must be some overt action or non-action such as refusing to drop the weapon, that can only be interpreted as life threatening and immediate. Unleashing a hail of hollow-points without those qualifying conditions is the mark of a coward.

There have been far too many well-documented Rodney King (4) type beatings. These modern day "blanket parties" are acts of cowardice - actions of police officers who are in reality, cowards, trying to prove their bravery/toughness by acting aggressively when there is no chance, they will be hurt. Beating the sh-t out of some murderous scumbag might be the only punishment the perp will receive, but it is not, under any standard, an act of bravery. Besides, as justifiable as it might seem, police are only impowered to apprehend criminals - not inflict retribution.

The Hero is one who realizes an officer's primary duty is to protect and serve the public. This American idol firmly believes they would rather be a dead hero than a live coward and would shun another officer who acted in a cowardly manner. However, this officer is not the fool inasmuch as he/she learns and practices safe tactics and procedures. American policing is the standard of the world, the epitome to which all others aspire. We didn't get that way by unilaterally changing the rules of engagement for egocentric rationality.

Except to those who like to make excuses, there is not a fine line between when prudence becomes cowardice or bravado. An officer advised of a man brandishing a gun in a school must, without hesitation, proceed into the building. The only goal is to find and end the risk. Anything less is cowardice, non-feasance and against all what America stands for. On the other hand, if the officer is warned of a bank robbery in-progress, rushing in might be a foolish move by endangering innocent patrons of the bank. But, not placing oneself in a position to engage the suspects upon their exiting the bank - even before backup arrives - would certainly be deemed cowardice. Likewise, if a crazed gunman opens fire in a shopping mall, public square or school, duty demands seeking, engaging and drawing fire away from unarmed civilians.

The prudent-heroic persona should be the ultimate goal for officers. One can teach prudence to the heroic type person, but not the reverse. Heroism, like cowardice, is intrinsic and not readily learned. Self-preservation is inherent in all humans, though, unlike cowardice, it is not over-riding to the heroic type. Teaching self-preservation as a primary function goes against the grain of the heroic type.

MENTAL BRAVERY:
Text book ethics stuff is all well and good, but what happens in real life when a sworn police officer witnesses a fellow officer violate the law. Does the LEO arrest the offender? Tattle-tale to the supervisor? Adhere to the "blue wall of silence?" (5) Used to be the answer was: "It depends on the infraction." If the violation wasn't something major, like a class A felony and the public hadn't witnessed it, then it was kept quiet or it was left up to a ranking officer. Problem was, just where do you draw the line? What infractions are actionable? Petty theft? Perjury? DUI? Violating a citizen's civil rights because you were spit on? Turning your back, averting your eyes, not volunteering information are all acts of cowardice.

When it comes to police deviance there are two factors that determine the level of compliance: Peer pressure and trust. Peer pressure dates to grade school and is reprehensible when practiced by trained, sworn police officers who, by their very job description, are individuals. A person who is so mentally weak - cowardly - that he is compelled to go along with the illegal activities of others of his/her group, is not qualified to wear a badge. It's one thing for a bunch of civilians to sneak off the work detail for a beer and an entirely different matter for professional - armed - officers to do the same.

Trust, in the form of reliance, is sometimes difficult to differentiate from trust in the sense of confidentiality. Confidentiality belongs to the "you ain't sh_t if you're not a cop," "good ol' boy," "blue wall of silence " schools. Not conducive to professional stature, this type of trust falsely conveys a belief that if an officer "covers-up" or keeps quiet about improper activity they can be trusted as backup when things get really scary. Professionals who stake their reputation on keeping their mouth shut when under a sworn oath not to, are not worthy of the honor of being one of "America's finest." Officers risking their back-up on a partner who supports the confidentiality mind-set may wind up dead.

Trust in the form of reliance, conversely, is of extreme importance to the functioning of any police agency. Cops, being individualists, sometimes need unquestioning reliance from their fellow officers. When an officer's back is exposed during a lethal force or other dangerous situation, this officer needs to know that his/her partner – backup - can be counted on to defend him/her to the death. Being the kind of officer who has mastered the "blue wall of silence " is not any indication of how that officer will respond under conditions of extreme stress. The only sure method of determining trust by reliance is the oldest application of trial by fire. Then again, an officer who is known for unquestioning honesty, would be the type of officer who couldn't honestly, not take risks to cover your backside.

A few years ago, when cops were underpaid, under-educated and selected more for brawn than mental capacity, a certain amount of "discretion" was expected. Not today. Patrol officers routinely earn a decent living wage, have excellent health care packages and retirement plans that customarily exceeds the general population. The substantial amount of on-going training, education and certification police officers receive has elevated their status from that of tradesmen to the level of professional. All professionals have a code of ethics. A doctor will not treat the patient of another physician unless referred and an attorney won't have direct contact with clients of other lawyers.

POLICE OFFICERS ARE IN THE BUSINESS OF BRAVERY, HONESTY AND INTEGRITY.
THIS IS THEIR STOCK-IN-TRADE, FORTE', SIGNATURE, PERSONA, IDENTIFICATION
AND WHAT DIFFERENTIATES THEM FROM OTHER PROFESSIONS.

When one police officer violates this trust, this code of morality, all are tarnished. Adherence to or practice of any form of "blue wall of silence " is counter to the code of honesty that is part of each officer's sworn duty – an existence for being. The trust each LEO has in fellow officers must be based on the proposition that truth, not cover-up or silence, will save their career. For a police officer or anyone with sworn obligations, justice trumps injustice. Each law enforcement officer stands as society’s temporary mortal caretaker.

TRAINING:
Training, classroom or on the street, begets predictable behavioral results. All officers must prove to their fellow officers that they are not cowards - that they can be counted on to help a fellow officer under any and all circumstances. Cops must never hesitate to jump into a melee lest they be branded a coward. Civilians, for the most part, are thankful for this machismo as this is what compels LEOs to risk their lives to protect civilians. Besides, if you were a cop would you want a partner that was afraid to jump into a fisticuff to save your backside?

We have come full circle. From the first to wear a badge, LEOs instinctively ran toward danger, including the sound of gunfire. Then, somewhere late in the 20th Century, a mindset developed in the instructor and leader levels that when faced with hazardous threats beat cop should establish a perimeter, notify a supervisor and wait for the SWAT team to handle the matter. In other words, don't take chances - protect yourself first. This was not only unethical, but was a start down a slippery slope to the final belief that “a police officer’s first duty was to go home at end of shift” even if that meant someone you were sworn to protect didn’t.

It took the Columbine tragedy (6) to begin questioning ourselves as to the function and strategy for first responders. Up to that point, but with the best of intentions, many police trainers, in an attempt to save officer's lives, had been teaching a mind-set that equates to protect yourself first - don't take chances - suicide in not in your job description. In response to the publicity of this tragedy, one police chief wrote: "Most officers have families, just like everyone else. Their main goal is to get home safely at the end of each shift, and I agree with that philosophy 100 percent" (7). Police officers are not "just like everyone else" they are the only ones with a sworn duty to protect "everyone else". "[T]o get home safely" might be a great concept for sanitation workers or lawyers, but contrary to what this top cop espoused: the "main goal" is to ensure that those the police officers are swore to protect “get home safely”. There is no mandate that any officer should be expected to sacrifice their life, but it does mean there are certain essential risks that come with the badge and take precedent over the desire "to get home safely". To put it on a more personal level: suppose you're caught in a firefight; what “main goal” would you expect of your backup?

Today, after much reflection, we are back to the original objective of law enforcement – training to confront the situation. Finally, it’s a complex world and maybe we should be restricting our training to the basics. Expecting LEOs to be social workers, medics and OD saviors might be putting too much stress on those charged with enforcing the law with lethal force.

SUMMARY:
The terroristic assaults of 9-11-2001 evidenced true acts of heroism: two naval officers "...turned against the flow of people fleeing to safety and headed toward what appeared to be the point of greatest destruction" (8). At risk to their own personal safety and though severely injured, these officers were responsible for saving lives. This is what America is all about - duty and honor in the face of death. It is also about the responsibility of the citizens to place physical ability over physical size when it comes to carrying out law enforcement functions.

Those with a sworn duty to protect must never stray from the standard to shield the public first and accept the reality that placing oneself in harm's way and sticking to the truth regardless of the consequences is part of the job. United States citizens are unique inasmuch as they intrinsically believe they are secure in their persons and places because America's Finest will not ignore their heroic duties and always act in the most ethical of ways. All LEOs, whether federal, state, local, military, airport, railroad, _____, share one commonality: The Blue Ribbon - a profession that represents the highest level of ethics of any occupation.

AUTHOR:
Chuck Klein is former police officer, licensed Private Investigator (ret.), active member of International Association of Law Enforcement Firearms Instructors (IALEFI) and author of: INSTINCT COMBAT SHOOTING, Defensive Handgunning for Police; LINES OF DEFENSE, Police Ideology and the Constitution; POLICE (definition portion of Encyclopedia of Science, Technology and Ethics, Macmillan Reference USA, an imprint of Thompson Gale ISBN 0-02-865991-0). Information about his books and e-mail contact is available on his web site: www.chuckkleinauthor.com

Notes:
1) The Impossible dream (The Quest). Lyrics excerpt from the Broadway show and film: The Man of La Mancha, 1965, Joe Darion (Return to 1)

2) The Prestige of Criminal and Conventional Occupations: A Subculture Model Of Criminal Activity, American Sociological Review, Vol. 57, No. 6 (Dec., 1992), pp. 752-770 (Return to 2)

3) The movie version had slightly different wording that included the character’s name, Frank Miller. Not to offend persons of that name, the wording was changed for the recorded version, made popular by singer Frankie Lane. This revised wording is the version quoted here. High Noon lyrics (Return to 3)

4) Rodney King was the victim of a brutal beating, caught on video camera, in March of 1991. The four LAPD officers charged in state court were acquitted by a jury. This led to the riots in the spring of 1992. Two of the officers involved were later convicted in Federal Court of violating King’s civil rights and were sentenced to prison. LA Riots, CNN (Return to 4)

5) An unwritten rule in police circles that a fellow officer will not rat-out, tell or report illegal and/or wrong acts committed by a fellow officer. Code of Blue Silence(Return to 5)

6) There were many investigations (available via a Google search) into the tragic mass shootings by two students at Columbine High School in Columbine, CO on 20 Apr 1999. The first responding LEOs did not enter the building, even while hearing the sound of gun fire from within the school. Just like everyone tuned to network television that day, I saw and heard The Jefferson County Sheriff, in no uncertain words, admit he did not order his men in because he “didn't want them to get hurt.” (Return to 6)

7)) From a personal email to the author in response to my published questioning of the actions of the Jefferson County Sheriff’s comments following the Columbine tragedy. Identifying the Chief who wrote the email would serve no purpose. (Return to 7)

8) Smithsonian Magazine, September 2002 issue.(Return to 8)