This is a policy review presentation that shows there are areas for improvement and recommendations to implement in the professional and academic sides of law enforcement using the lens of a current officer involved shooting that generated a lot of publicity. The recommendations would require a partnership between formal education providers, continuing education providers and practitioners

Biggs, Bruce

Burum, Susan

Clarke, Colleen

Dahle, Thor

Nelson, Pat

Wilkins, Tamara

English

Institutional Repository for Minnesota State University, Mankato

Minnesota State University, Mankato Cornerstone: A Collection of Scholarly and Creative Works for Minnesota State University, Mankato Criminal Justice Department Publications Spring 2017 Aftermath of an Officer Involved Shooting: Formal Education, Continuing Education, and Responsibility Pat Nelson Minnesota State University, Mankato, pat.nelson@mnsu.edu Thor Dahle Minnesota State University, Mankato Colleen Clarke Minnesota State University, Mankato Tamara Wilkins Minnesota State University, Mankato Susan Burum Minnesota State University, Mankato See next page for additional authors Follow this and additional works at: https://cornerstone.lib.mnsu.edu/cj-fac-pubs  Part of the Criminology and Criminal Justice Commons, Law Enforcement and Corrections Commons, Public Administration Commons, and the Public Policy Commons Recommended Citation Nelson, P., Dahle, T., Clarke, C., Wilkins, T., Burum, S., & Biggs, B. (2017, spring). Aftermath of an officer involved shooting: Formal education, continuing education, and responsibility [Conference presentation]. Academy of Criminal Justice Scientists, Kansas City, MO, USA. This Conference Presentation is brought to you for free and open access by Cornerstone: A Collection of Scholarly and Creative Works for Minnesota State University, Mankato. It has been accepted for inclusion in Criminal Justice Department Publications by an authorized administrator of Cornerstone: A Collection of Scholarly and Creative Works for Minnesota State University, Mankato. Authors Pat Nelson, Thor Dahle, Colleen Clarke, Tamara Wilkins, Susan Burum, and Bruce Biggs This conference presentation is available at Cornerstone: A Collection of Scholarly and Creative Works for Minnesota State University, Mankato: https://cornerstone.lib.mnsu.edu/cj-fac-pubs/4 Aftermath of an Officer Involved Shooting: Formal Education, Continuing Education and ResponsibilityBruce Biggs, Sue Burum, Colleen Clarke, Thor Dahle, Pat Nelson and Tami WilkinsMinnesota State University, Mankato July 6, 2016Facts of the Event• Convenience Store Robbery• Similar Appearance, Light Out• Smelt Marijuana, Look Ahead• Asked for License/Proof of Insurance• Officer Informed of Gun & Permit• Told Not to Reach for Gun• Kept Reaching for Gun/Wallet• Shot When Gripped Larger than Wallet• Girlfriend and Child in Car• Video Starts, Goes ViralMinnesota Law• Section 609.205 (1) Involuntary Manslaughter• Section 609.66 the use of deadly force by a police officer in the line of duty is justified only when necessary: (1) to protect the police officer or another from apparent death or great bodily harm… • Section 609.661 The intentional discharge of a firearm that endangers the safety of another.• In State v. Engle, the Minnesota Supreme Court concluded that recklessly discharging a firearm requires proof of “a conscious or intentional act, in connection with the discharge of a firearm, that creates a substantial and unjustifiable risk that the actor is aware of and disregards”• Graham v. Connor (Reasonable Officer Standard)Legal Implications• Prosecutor Choi did not send the case to a special prosecutor, but he did add an independent prosecutor to his team.  (Good)• Prosecutor Choi did not use a grand jury. “I know my decision will be difficult for some in our community to accept, but in order to achieve justice we must be willing to do the right thing no matter how hard it may seem.” He said that it would not be right to ask a grand jury to decide if charges should be brought when “I know in my heart what needs to be done” Government Involvement• MN Governor Dayton commented to reporters that Castile would probably still be alive had he been White. (Not Helpful)• There have been calls for the federal Government to prosecute these cases. (Not As Effective As State)• The Department of Justice’s Office of Community Oriented Policing Services is conducting a review of the entire St. Anthony police department.Recommendations• Choi believes the evidence supports the charges. “No reasonable officer—knowing, seeing and hearing what Officer Yanez did at the time—would have used deadly force under the circumstances.” (This has yet to be proved to a trial jury. We hope the law will be followed including the defense.)• The training to receive a gun permit in Minnesota may need to be reviewed. Citizens also need to be trained that following officer commands are mandatory, officer commands are not suggestions. • There have been concerns that implicit racial bias is in play in the Castile case. It was good the independent BCA did the investigation. There should be more communication between departments and communities so problems and fears can be identified and addressed sooner.  Social Media• Develop shared and meaningful transformations with predominately Black communities building trust by grasping the culturally ingrained differences between white and Black citizens. (police who grasp the concept of white privilege)• Making a conscientious drive to change the administration and culture of every department. Social Media• Utilize social media by police departments, offering the news on the streets to communities rather than using traditional media intermediaries.• Police can teach the public about the job through the use of videos uploaded on their police sites for all to view. Actual police encounters with the license plates and suspects faces blocked. Police must learn to be ‘real’ with the public instead of building a wall of secrecy. • Media and IT personnel hired by police to react to events as quickly and honestly as possible. A Fragmented Response to the Use of Force• Over 18,000 federal, state, county, and local agencies• More than 12,000 police departments• The most common agency has fewer than 10 officers (2012)• Over 750,000 (2012) officers serving state and local agencies• A fragmented response to policy• No federal mandate for a consistent policy on the use of force• Terrill et al (2011) – 123 different permutations in the use of force progression amongst agencies studiedAn Uncommon Event• The use of force is a rare event• 1.7% of contacts involve the threat of or use of force• The use of deadly force is even less common, but the rate is unknown• Currently, there is no national database on the use of deadly force• May arrive in 2018 according to the FBI Director• The use of force and deadly force is restricted by the courts• Tennessee v. Garner; Graham v. ConnorNeed for Consistent Agency Policy• Although a rare circumstance, it remains the most important policy • Primary issues• Failure to train (Canton v. Harris, 1989) “amounts to deliberate indifference”• Failure to supervise• Need for a consistent and adequate force continuum• Adequate less than lethal tools• Incorporate policy and tactics into training• Problem-based learning model• Bridge policy into practical applicationExternal Investigations of OIS Incidents• Conducive to Being a Cohesive “Best Practices” Standard.• Better Assures Investigative “Due Diligence”• Enhances the separation of the bifurcated investigative process• Better Assures Agency “Due Care” for the Affected Officer(s)• Better limits the infliction of “Second Injury”• In Keeping with Pillar II Mandates of the President’s Task Force on 21 Century Policing (2015)• Best Practice Teaching/Learning PointProfessional Police Officer EducationPeace Officer Standards and Training (P.O.S.T.) Mandates in the State of MinnesotaMSU, Mankato’s PPOE Program • Started in 1971…• Baccalaureate degree in LE• Degree requirements• PPOE learning objectives• Physical and psychological evalsuations• First responder training• Ride-along timeProfessional Police Officer EducationQuestions about Education• Should police have a college education and/or a college degree?• Are officers who have a college degree more effective at the job than those who don’t hold a degree?• Two-year or four-year degree?PPOE Skills Practicum• Similar to Training Academy• Offered 9 Community Colleges• Contracted Services• Ranges from 8-12 creditsContinuing Education• Varying requirements across the nation• Minnesota requires 48 hours over 3 years• Quality• Cost• Time• AvailabilityResponsibility and Impact• Program Level• Institution Level• MSU Mankato• Hibbing Community College• System Level• Minnesota StateRecommendations• Consistency in the application of the law• Using the “news on the street” through social media along with traditional media outlets • Expand cultural competency to include immersion into communities• National Use of Force Database• Clear, reasonable educational standards• Continued training and supervision that bridge policy training and practice

Aftermath of an Officer Involved Shooting: Formal Education, Continuing Education, and Responsibility

https://cornerstone.lib.mnsu.edu/cgi/viewcontent.cgi?article=1003&context=cj-fac-pubs

Aftermath of an Officer Involved Shooting: Formal Education, Continuing Education, and Responsibility

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