POLICE BRUTALITY VS. NECESSARY FORCE

A VIEW FROM THE OTHER SIDE

By: Peter J. Pranzo, Ret. Lt., NYPD

Today, many police departments across America find themselves amidst turmoil with widespread allegations of police brutality. These accusations are simply an ongoing process of a segment of our modern day society that never seems to be satisfied. Left and right wingers alike will either be for total strict law enforcement up until death penalties, or vow for a slap on the wrist with rehabilitation for armed robbers, murderers, and rapists. The melee falls nothing short of political games, swinging forward and backward, twisting and bending towards the most favorable public opinion. It might hinge on upcoming elections or appointments, reflecting the mood of the majority of voters. The configuration of a city administration can change overnight by one mistake, by one police officer, involved in a single incident. A hero one day would merely be sacrificed the next, if circumstances are of a nature as to alleviate an angry neighborhood, misled by a quick selling media.

Only on TV does law enforcement look so easy. In real life situations, criminals do not wish to be arrested. They do not put their hands out, waiting to be handcuffed. These felons run, fight, and kill, just to avoid apprehension. Some instigate, telling the police officer to kill them, exclaiming they'll never give up! Most have nothing to lose. Prison is not new to them, while crime being a way of life. Lately, video cameras and lawsuits have added a new dimension. A cop never knows what type of criminal he's dealing with. They could be first time offenders, first time being caught, or first hand killers. Many have rap sheets that are taller than themselves. Police officers must apprehend these criminals to protect the public. No one is there to see what a challenge this is. No one knows the strength necessary to overtake someone who has been caught disobeying the law and resisting arrest. Everyone feels a gun in the holster should be enough to keep perpetrators at bay. Police officers today know how untrue this statement is.

Each criminal is an individual, as is each person. What is necessary force for one to be apprehended certainly may not be enough for the next. Who is the judge of this? Who has the right to say what "should" have transpired during an arrest? That decision is left up to the cop, and now, after his or her job is done, they may be told, "It could have been done differently." How does this affect their attitude on their next tour of duty? Should they use different methods, debug their mind of all they've been taught, leave their lives hanging on the line with a person who may have nothing to lose by killing them while they try to persuade him to come calmly? These are things the public cannot relate to.

At times, the police frequently arrest persons who have been injured in fights or as the result of accidents. Prisoners are sometimes injured in jail as a result of fights with other prisoners or falls due to intoxication, fainting, or epileptic attacks. Also true, police often use physical force to subdue a person in order to effect an arrest, and injuries may result.

The public is inclined to look upon the injury and illness of prisoners with suspicion and believe it is evidence of police brutality. Because of this attitude, today, it is doubly important that the police give careful attention to injured or ill prisoners and detain no one in jail who is in critical condition. Police officers are not trained to judge the extent of an injury or seriousness of an illness; thus they must be sure that the prisoner is examined by a physician. The commanding officer and other superiors should be informed when injured and ill prisoners are brought to police precincts, courts, booking centers, or headquarters. Necessary steps should be taken to safeguard the life and health of such prisoners. They should be sent to a hospital or examined by a physician, and should not be held in jail except on the written consent of the physician. A suitable injured-prisoner report should be filed, protecting the prisoner as well as the police by recording the physician's approval of the prisoner's incarceration, showing an examination was made and necessary treatment given.

Who judges police incidents whereby an allegation of police brutality has been put forth? Civilian complaint review boards have failed to satisfy police departments as well as the public. Police officers may have to make life or death decision in a matter of seconds. To use deadly physical force or not? To hit or not? To use a baton, taser, or other non-lethal weapons or not? No matter what his or her decision, they stand to be criticized, penalized, fired, or even jailed by people who have days or months to decide if a cop overreacted or used a little too much force, possibly to save his or her own life. While others are trying to analyze the situation, public sympathy is leaning towards the criminal, due to press releases and one-sided news coverage, while malice spills towards the cop who only did his job. Let these arbitrators or members of their families one day be mugged, robbed, raped, assaulted for their wallet, or held at gunpoint. Then and only then will they be calling for an officer to apprehend their attacker with whatever means possible, "within the law!" Only then will they begin to understand, while now taking a view from the other side.

Many administrations have found themselves between a rock and a hard place, walking a fine line between aggressive patrol and police brutality via abuse of authority. Sweeps for quality of life offenses and the stopping and questioning and subsequent searching of suspicious persons on the streets of volatile, high- crime neighborhoods, are a necessary part of aggressive patrol and should not be sacrificed to alleviate tensions derived from a single incident. The old passive patrol technique, the wait and see attitude, is and always has been a failure.

Although no one can condone beating cuffed prisoners, in the past these felons have somehow managed to kill cops. Yogi put it best; "It ain't over till it's over!" Handcuffed prisoners can still resist arrest and cause death or serious injury to police officers or innocent bystanders. Most cops out there know the truth. There are doers and there are watchers. The doer, the aggressive cop, usually winds up the hero, the most decorated, the promoted one. It's too bad that he or she is also the one that usually winds up holding the bag.

The old police proverb still prevails; "A police officer would rather be tried by 12 than carried by 6." Today, when a cop falters, he or she stands alone, stripped of all dignity and respect. But, when that heroic deed is accomplished, all will applaud and stand behind them while basking in their glory.

The message is loud and clear; be careful out there, use common sense, be professional, but, do your job.

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Peter Pranzo is a retired New York City Police Department Lieutenant, with over 21 years of service, receiving over 60 awards, department commendations, and community awards, including some of the Police Department's highest:  The Police Combat Cross, the Award for Valor, and the Honor Legion Medal for Valor. He has written for many law enforcement newspapers and magazines across America, and authored the book, Stress Management for Law Enforcement (Gould Publications: 1999), which has been placed into the FBI Library. Retired Lt. Pranzo assists officers countrywide offering police promotional exam products at www.pjpinfo.com.