Former police officer Darren Wilson is alive and healthy. Yes, he’s been assassinated in the press, and had to resign from his beloved profession out of concern for his (and other officers’) safety. He faces possible civil lawsuits and federal charges, but, he is alive to fight them.
Even as he does so, the men and women in law enforcement are keenly aware that the events of recent months — like the OIS incident in Ferguson and the public protests in dozens of cities across the United States thereafter — have had an impact on how cops do their jobs. Specifically, there is a concern in the police community that the Ferguson case may cause officers to hesitate in the application of deadly force.
I call it Ferguson-itis. Here are four keys to ensure that Ferguson-itis doesn’t get you.
1. You must understand and remember that there are four parts of a use-of-force incident and you have to prepare to win in each one of them. The first is the initial incident itself. If you do not survive that, you will never face the rest. Regardless of the opinions offered by the talking heads and mass of protesters, only you will know the reasons for your use of force — deadly or otherwise.
You can only make your decisions based on your perceptions of the threat at the time that you use force. Hesitation out of concern about what others think can and has proven deadly too many times in the history of law enforcement. Consider the following:
a. If I asked you to accurately paraphrase the statutes that dictate your lawful use of force right now, could you do it? If you can’t, you need to get there. Break out the book and study it. This is the foundation of your confidence in your lawful application of force. If your foundation is weak, your confidence will be weak.
b. Have you had that knowledge tested in realistic force-on-force training scenarios? Book knowledge is one thing but the ability to apply it in dynamic situations and circumstances is an absolute necessity for every police officer.
c. Do you practice with all of your use of force options on anongoing basis? The yearly UOF training that most of us go through is a required, minimal standard. Why would you choose to go into a potentially life ending situation with minimal training?
d. The best practice and confidence builder is actual successful real world application. Let those successes become your habit.
2. The second element of the incident that you need to win is the possible investigation that will follow. While you may know your justification for the use of force, can you articulate that clearly in a written report and in a verbal statement or court testimony later?
Kevin Davis’s book, Use of Force Investigations: A Manual for Law Enforcement, takes you step by step through what an investigation will entail and what you need to do to clearly and accurately prepare and prevail in a use-of-force situation. Forewarned is forearmed.
3. The third part of a use-of-force application is the possible criminal and/or civil litigation that may follow. If you have prepared for the investigation, the court date will be a whole lot easier. Do you have the number of an experienced police defense attorney in your pocket? If you fear a lawsuit more than death, you have a poor understanding of lawsuits — and death.
4. The last is living with the aftermath of the incident, whatever that may be. Have you reconciled in your own mind that you may have to kill someone in the course of your job? If you haven’t, the aftermath of a deadly-force situation can be psychologically devastating. You need to understand and accept the realities of the profession.
Conclusion
It all boils down to one thing: your oath. That sacred statement you made when you pinned on your badge states that you will protect and serve, placing your own life — and future — in jeopardy to protect others.
It is an oath very few people take — a promise very few are capable of keeping.
The oath requires you to train and study to keep your skills. The oath that demands you act swiftly and justly to protect the community that you serve.
Study and train mentally and physically to inoculate yourself against the diseases of hesitation, fear, denial, and Ferguson-itis.
