Vol. 2, Issue 22: Public Comment Period Ends in One Week
(William Camargo)
At Issue: CPD's New Use of Force Guidelines Under Public Consideration
To a large extent, the proposed use-of-force guidelines unveiled by the Chicago Police Department last month reflect the newest thinking in the law enforcement field, experts have said.
The department has launched an online policy portal where residents can view the draft policy and submit comments. The 45-day public comment period ends on November 21, marking the first time CPD has sought public input on a draft policy.
The draft policy can also be viewed and commented on through the Use of Force Tracker, a public tool produced by City Bureau and the Invisible Institute to provide context and gather community feedback on the proposed guidelines.
Some key language in the Chicago Police Department’s proposed use-of-force guidelines closely aligns with a new policy instituted by the Baltimore Police Department in June, shortly before a U.S. Justice Department investigation of the department was completed.
“The policies appear to have improved in some respects,” the Justice Department noted in its August report on Baltimore. “However, the recent updates may require additional amendments to correct the patterns of unconstitutional force our investigation uncovered.”
The Justice Department found that the Baltimore Police Department used aggressive tactics that escalated encounters, stifled public cooperation, and resulted in excessive use of force. The department also used unreasonable force—often involving Tasers—against individuals with mental health disabilities, as well as juveniles and people who were not a threat, including those fleeing police.
In a summary of its draft policy, CPD cites a March 2016 report from the Police Executive Research Forum (PERF) on Guiding Principles on Use of Force. Based on a series of conferences and workshops involving police chiefs from across the country, the report argues that “the policing profession must take the initiative and address the challenges facing it today.”
The PERF report identifies significant potential for reducing use of force in the estimated one-third of fatal police shootings that involve individuals who are not armed with guns. These cases include individuals showing symptoms of mental illness, as well as people armed with knives or baseball bats, those "armed" only with a vehicle, and—in 9 percent of cases nationally—unarmed individuals.
Those figures may be higher in Chicago. PERF reports that nationally, 59 percent of people shot and killed by police were either shooting or pointing a gun at the time they were shot. A Chicago Tribune analysis of its database of police shootings from 2010 to 2016 found that 60 percent of police shooting victims were pointing a gun “or made some move leading [police] to think they were armed, such as reaching toward their waistband.” In a number of such cases, according to the Tribune, no weapon was recovered.
CPD’s draft guidelines emphasize many principles recommended by PERF, including the sanctity of life, proportionality, and de-escalation. The policy limits the use of deadly force to situations where an assailant poses a serious threat and no reasonable alternative is available. It requires officers to use the least amount of force possible based on the totality of circumstances.
The proposed guidelines also emphasize tactical positioning and the use of time as a tactic—approaches experts believe can reduce the need for force.
According to a CPD summary, the draft policies eliminate the old “use of force model.” The draft order on Response Options includes language reflecting changes first introduced in January, calling for the use of force that is reasonable, necessary, and proportionate; prioritizing the preservation of life; and implementing force mitigation and de-escalation tactics at the earliest opportunity.
However, the draft order also retains the same description of a use-of-force continuum as the existing order on Force Options—a framework reflected in the previous use-of-force model, where a particular level of resistance corresponds to a specific level of force. According to the PERF report, “mechanical, escalating continuums of force” are less effective than strategies based on “evaluat[ing] the totality of the situation.” PERF instead recommends a “critical decision-making model” that gathers information, assesses threats, and considers a range of options.
The PERF report also emphasizes the importance of training, as does a separate PERF report on Reengineering Training. It notes that police academy training typically begins with extensive weapons instruction, while other critical topics are covered less extensively, often through lectures. PERF argues that academy and in-service firearms training should be scenario-based and should “go beyond the traditional ‘shoot/don’t shoot’ decision-making” to integrate less-lethal options, communication strategies, and de-escalation skills.
“Everything depends on training,” Samuel Walker, emeritus professor of criminal justice at the University of Nebraska, told View from the Ground. “At this point, this is nothing more than a piece of paper. Very intensive training—in-service and in the academy—is the crucial element in translating these policies into what officers actually do. They need to retrain everybody, including supervisors.”
Samuel Walker (University of Nebraska Omaha)
Extensive reporting procedures are outlined in a proposed order on firearm discharges, which also establishes a mandatory 30-day period of desk duty for any officer who discharges a firearm. The order requires investigations to conform to the Department Members’ Bill of Rights, established three years ago, which includes provisions that the mayor’s Task Force on Police Accountability has criticized for “perpetuat[ing] the code of silence.”
These provisions include a 24-hour waiting period before officers involved in shootings must face outside investigators, as well as restrictions on the use of anonymous complaints and the investigation of complaints older than five years.