Search Helium

Home > Politics, News & Issues > US Law & Justice > Police & Prisons

Are the police violating the law when tasering an unarmed citizen?

Results so far:

No
46% 316 votes Total: 682 votes
Yes
54% 366 votes

No

by Mike Patrick

Created on: December 14, 2009   Last Updated: December 16, 2009

Twenty-one feet.

To a police officer approaching a potential suspect, everyone is armed. “Innocent until proven guilty,” only applies to courtrooms. The police officer who approaches everyone thinking that they are unarmed and friendly doesn’t survive very long. There is evil in the world and a perpetrator’s appearance is no indication of their intentions.

For that reason, every time a police officer gets close to an unknown subject, he is thinking they’re armed; and he’s thinking about twenty-one feet.

Twenty-one feet is the distance his training tells him an assailant can move during the time it takes for an officer to recognize and respond to a hostile attack. It doesn’t matter if the attack is with a club, a knife or hands and fists.

If those twenty-one feet are traversed before the officer can bring a weapon into play, he will be fighting for his life with his bare hands.

Police are trained to fight with their hands, but from the start it’s an unfair fight. If the officer wins, he is to use the minimum amount of force necessary and immediately cease all aggression when the subject is under control.

The suspect is under no such restraints. He will use all the force and weapons within his conrol and will not stop until the officer is unconscious or dead.

That’s why police officers never fight fair. Whatever the subject uses, the officer will move at least one step higher in the force hierarchy. If the subject appears to have nothing but his hands, and there is really no way to know for sure, the officer will use his less than lethal weapons of mace, baton or taser.

If the subject has a knife or a club, the officer will use the taser or move up to a lethal weapon. If the subject has a gun, then it’s a fair fight with the officer probably having the edge due to training.

Now, let’s objectively go over the options. When the officer first sees that perceived threat, he/she has several options if outside those twenty-one feet. Mace is one of them, but the same instructor who drilled that twenty-one feet danger area into his head also repeated over and over that while mace causes a burning sensation on exposed skin and eyes, it doesn’t stop anyone.

They can tough it out. They can still advance, they can still fight, and they can still slash with a knife. The aftereffects of mace will dissipate in about fifteen minutes or even sooner if washed off.

The second option is the Asp: a collapsible baton. It can be effective in eventually achieving pain compliance when correctly applied. Its liability lies in its short reach and the fact that virtually all police training with impact weapons forbids strikes to the head.

The head is about the only area where an impact will actually stop an assailant in his tracks. Otherwise, it can require repeated strikes while a subject’s is still trying to get past the baton or rip it out of the officer’s grasp. A baton can split the skin or break bones.

A firearm is always available to the officer; however, it’s considered the weapon of last resort. Almost any officer has the ability to stop someone crossing those twenty-one feet using a sidearm. There are those who suggest the officer should use the firearm to wound or disarm an attacker. It doesn’t work like that.

All firearms training is geared to neutralizing the threat; shoot to kill. Training includes everything from a single shot to center mass (the bulk of the torso) to a triple-tap: two in the chest and one to the head – just in case the subject is wearing body armor.

Attempting to shoot a gun or knife out of someone’s hand, or shooting to disable, means shooting at a much smaller target while it’s moving. There is negligible chance of success. Within those twenty-one feet, there’s no time for a redo. Failure may mean the bad guy goes home that night and the officer’s family goes to a fancy funeral in the next few days.

Now we come to the taser. Due to the nature of this discussion, the taser was saved until last. Some might think it strange, but the length of a taser’s standard leads is twenty-one feet. As anyone who has experienced a taser’s power can attest, it will stop them.

There is no toughing it out. There is no advancing. There is no fighting. There is only a meeting with the ground after the muscles lock up. The impact with the ground is the highest probability of injury from a taser’s use.

There are no aftereffects from the electrical shock. The suspect’s only reminder that it ever happened will be two small puncture marks where the leads stuck when it was fired.

Pulling the trigger of a taser unleashes a storm of electrical power for five seconds. It is possibly the longest five seconds anyone can experience. It hurts. Although there can be some residual confusion the first time it’s experienced, a person is capable of though and controlled movement as soon as the power goes off.

If one wants to use that first movement to continue an attack, another pull of the trigger adds another five seconds of excruciating pain. This can be repeated as needed until acts of aggression cease. That will be very soon.

Now to address the question: Are the police violating the law when tasering an unarmed citizen? First, we’ve established that there is no such thing as an unarmed person from the police officer’s point of view.

To assume such a thing is to invite personal injury or death. Police officers survive by the rule of: I’d rather be judged by twelve than carried by six.

Second, are they violating the law when tasering a citizen? Have you heard of a single instance of a police officer selecting someone at random and lighting them up with a taser? The officer is there for a reason. He uses the taser for a reason.

The primary reason is that it stops the possibility of the officer being injured within those twenty-one feet; something mace won’t do. The secondary reason is a taser causes much less injury to a suspect than a nightstick or a gun.

So is the officer justified in using a taser on someone who simply refused to get out of a car after being placed under arrest? The option is to try to physically pry them out. That requires the officer placing himself within reach of a person who may have a knife or a gun.

It places him in a position to be overpowered by someone physically stronger than he is. And it places him in a position where someone smaller and weaker might grab his gun through dumb luck. Think for just a moment about you trying to control someone you don’t know, someone who may be armed, and someone who may or may not have martial arts skills.

If everything goes right, you get the cuffs on them and you get to go home that night. If it goes wrong . . . you’re dead. It’s rather a stark contrast. What are you going to use?

No, the officer is not breaking the law when he uses a tazer on an unarmed citizen. He’s using the best tool at his disposal to control an individual of unknown quantity while causing the least amount of injury possible, and allowing the officer to maintain his personal safety. That’s not against the law.

Learn more about this author, Mike Patrick.
Click here to send this author comments or questions.

Yes

by Stanley W. Shura

Created on: November 30, 2007

Police officers are trained professionals whose duty it is to "protect and serve" the public. There is a heirarchy of command and a system of accountability which includes public scrutiny unmatched by most other professions.

What an awesome position of respect. And what an awesome responsibility. Not everyone is cut out to do the job that these public servants are called upon to perform each and every workday. Not everyone could handle the temptations nor meet the high standards of integrity and duty that we the masses have been led to believe is the practice.

I believe that those special people who accept the call and put on a badge do so with earnestness and a desire to help their community. As any statistician will tell you, however, there is bound to occur the occasional outlier or few, those whose behavior does not meet the standard that the public expects and that they have sworn to honor.

And as that same statistician, as well as any seasoned police officer will tell you, there are bound to be human errors committed by well meaning officers. The veteran cop will also tell you that the systems in place and the trainiing that occurs are designed to foster and maintain a force that is comprised of people of the highest caliber, and one that is able and willing to monitor itself and take responsibility for its effects on society.

It is their sworn duty to uphold the laws of the land and to ensure a safe and orderly community. Again - it's to protect and to serve. Any person is allowed to make a mistake. And frankly, I am endlessly grateful for those mistakes of action taken on the part of a police officer which were done using a bolt from a tazer, instead of a bullet from a gun.

No one would be debating the lawfulness or outrageousness of an unarmed citizen being shot. Such an incident would result in outcry and fallout from the very top to the very bottom - and way beyond the locale in which said incident took place. There would be reverberations for weeks and months, and you can be sure that some or many would reach D.C.

My point is that the response and call for action and remediation would be intense, swift, and unyielding until results were had. IA (internal affairs), and all kinds of psych personnel would have circled in on the officer who had made a mistake with his handgun. It WOULD be found out why it occured and if the officer is culpable, and fit to continue to serve - or even keep his freedom.

I do not wish harm or stress to anyone who has decided to serve the public as nobly as most police personnel do. Society as a majority respects greatly those individuals who are so dedicated and vigilant.

That respect is there for a reason. It is there because of the high standard of competence and character expected of those who where the badge. This standard and rigor must be maintained. I do not see that the type of equipment used to subdue a suspect - one of the public that is to be protected and served - should call for any lower standard or rigor.

If an unarmed citizen is tasered by a police officer, that is an egregious circumstance which needs to be assessed. If the officer had absolutely no lesser recourse than to discharge this device, if he was in fear or concern for his personal safety or that of other citizenry, then that is acceptable. When tasering technology is used in this way, it can save lives, both those of police personnel, and usually those citizens who have found themselves in conflict with said personnel.

If the officer knew that the citizen was unarmed, then he or she could not have been fearful of his or the public's safety. If the officer discharges his taser in the absence of such fear or concern, that is an abuse and it is against the law.

Police are absolutely supposed to uphold the same laws they enforce. Those who do not have broken the trust that has been bestowed upon them, and are not fit to continue in this position of trust.

Learn more about this author, Stanley W. Shura.
Click here to send this author comments or questions.


CONNECT WITH US

Read
our blog
Helum for writers

Write and get published
Share with other writers
Polish your freelancing skills

Join our active writing community
Helium Content Source for Publishers

Quality articles from proven freelancers
Exclusive rights, fast turnaround
Brand engagement, business blogging -- our writers do it all

Get custom content today!

INFORMATION


Helium, Inc.
200 Brickstone Square Andover, MA 01810 USA