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Criminal, Legal and Administrative Aspects of Use of Force, Deadly Force and Officer Involved Shooting Investigations
Length of Seminar:
4 Days
Instructor: Multiple
Course Overview:
How many officer-involved shootings has your agency experienced
in the last five years? Fortunately the answer for most agencies in the United
States is zero. Because law enforcement agencies experience so few officer-involved
shootings, the response to these events is not always a well-trained response.
Agencies may have supervisors and investigators who have never experienced
or responded to an officer-involved shooting or a serious use of force incident,
yet the agency expects a comprehensive response to one of the most critical
events an agency may face.
The purpose of this program is to prepare officers, supervisors, investigators
and prosecutors in the proper response and investigation of serious use of
force incidents and officer-involved shootings. What can an agency expect
when an officer wounds or takes the life of a person? First, the agency can
expect the onslaught of media attention. Second, the agency should expect
that a criminal investigation will be conducted by the agency or some
outside entity. Third, the agency must recognize its responsibility to conduct
an administrative investigation into the shooting or use of force. Finally,
the agency that experiences an officer-involved shooting or any serious use
of force should expect that a lawsuit will follow. Throughout all of this,
the agency must ensure the well-being of the involved-officer.
Scene Response:
This session will focus on issues related to the initial
response to the scene by supervisors and investigators. It is imperative
that evidence and witnesses are secured in a fashion that does not, in any
way, taint the investigation or lead to charges of a cover-up by the involved
agency. At the same time critical pieces of evidence that will assist agencies
in documenting the event for later use in all of the expected forums, i.e.
criminal investigation; administrative investigation and civil suit may forever
be lost without a proper response. The agency’s treatment of the involved-officer
may have resounding impact on the police agency and must be considered when
dealing with the initial response.
Legal Issues:
This session will examine the current legal trends in
the use of force. Many of these trends are identified by examining lawsuits
that both officers and agencies have faced following the use of deadly force.
A clear understanding of the law relating to the use of force by law enforcement
officers is essential in order to properly supervise, investigate or manage
an officer-involved shooting event or serious use of force.
Administrative Investigation:
The most important Internal Investigation
that an agency will be faced with an officer-involved shooting. This investigation
will be reviewed at multiple levels by persons outside the agency. This investigation,
if not properly conducted, will be the subject of attack through lawsuits,
outside commissions and the media. This session focuses on the best police
practices relating to the internal investigation of officer-involved shootings.
The session examines the distinction between the four necessary investigations;
examines investigative techniques and emergency provisions for employees
and supervisors.
Agency Review Process:
Agencies must have a mechanism in place for
reviewing use of force incidents. Low-level uses of force may be reviewed
at the first-line supervisory level, while serious uses of force, including
deadly force should be reviewed by a specified review panel. This session
will focus on the process of use of force review and the options an agency
may employ in the review process.
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