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Psychological and Physiological Realities of Deadly Force Confrontations

Psychological and Physiological Realities of Deadly Force Confrontations. Topics of Discussion. Introduction Dynamics of Deadly Force Confrontations U.S. Legal Standards and Court Decisions

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Psychological and Physiological Realities of Deadly Force Confrontations

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  1. Psychological and Physiological Realities of Deadly Force Confrontations

  2. Topics of Discussion • Introduction • Dynamics of Deadly Force Confrontations • U.S. Legal Standards and Court Decisions • Practical Considerations for Drafting of Rules for the Use of Force (RUF) and/or Rules of Engagement (ROE)

  3. Basics Concerning Deadly Force Confrontations • Combat is the Universal Human Phobia • Human Beings have a natural aversion to inflicting physical violence on members of their own species • Each deadly force confrontation is unique and involves a wide variety of subjective variables

  4. What Is Deadly Force? • That force reasonably likely to result in death or seriously bodily injury to: • Life • Limb • Eyesight The firing of a weapon is by definition the exercise of deadly force

  5. Human Nervous System • Central Nervous System • Brain and Spinal Cord • Peripheral Nervous System • Somatic Nervous System – Conscious • Autonomic Nervous System – Unconscious • Sympathetic • Parasympathetic

  6. Dynamics of Deadly Force Confrontations • Tache-Psyche • Action v. Reaction • Wound Ballistics

  7. Tache-Psyche Effect • During a deadly force confrontation, the autonomic nervous system is in control • The body automatically allocates resources to enhance chances of survival

  8. Fight or Flight • Physical: Adrenaline dump • heart rate increased, blood flow increased to major muscle groups • Mental: Midbrain in control • Part of brain which has same structure and function as animal brain

  9. Sensory Distortion • Sight • Loss of near vision and depth perception • Loss of peripheral vision, i.e., “tunnel vision” • Heightened visual acuity • Hearing • Auditory exclusion • Heightened auditory acuity • Touch • Tactile sense deteriorates

  10. Cognitive/Thought Distortion • Disjunction of time/space continuum • Automatic behavior • Memory loss or gaps • Intrusive thoughts/Dissociation • Temporary Paralysis

  11. Effects of Hormonal Induced Heart Rate Increases CONDITION BLACK 220 175 beats per minute: thought processing deteriorates, sensory distortion 200 180 CONDITION RED CONDITION YELLOW 160 155 beats per minute: complex motor skill deteriorates 115 beats per minute: fine motor skill deteriorates 140 120 100 CONDITION WHITE 80 60-80 beats per minute: resting heart rate

  12. Implications • There is no way to predetermine what sensory or cognitive distortion an individual will experience • The body will focus on certain targets to the exclusion of others • The body is effectively operating on auto-pilot. Training - good or bad - will take over

  13. Deputy Sheriff Dinkheller Shooting

  14. Action v. Reaction • Bad guy decisions – When • Good guy decisions – Three steps • Decision Time: Perceive threat and decide on appropriate course of action • Response Time: Send nerve signals to relevant muscle group • Mechanical Time: Physically complete action, i.e., trigger breaks, hammer falls, firing pin is struck, firing pins strikes primer, etc.

  15. Action v. Reaction • Under ideal conditions, reaction time is anywhere from 0.8 – 1.5 seconds • Reaction time is further affected by: • Sudden, unexpected movements • Rapid and unpredictable movement of shooter and targets • Limited target opportunities • Low light or partially obstructed • Stress of sudden close, and personal violence • “Tueller” Drills – 21 foot/6.5 meter rule

  16. Jewelry Store Police Killing

  17. Wound BallisticsPhysical Factors • Penetration • Permanent Wound Cavity • Temporary Cavity • Fragmentation

  18. Wound BallisticsRifle v. Pistol • Pistol Bullets • Relatively slow impact velocities = no reliable fragmentation • Only means of incapacitation are tissue “crush” and penetration into vital organs • Rifle Bullets • Impact velocities high enough to result in fragmentation • Bigger holes better than smaller, deeper holes better than shallower, more holes better than fewer

  19. Wound BallisticsPsychological Factors • Expectations • Security guard in bank robbery • Police officer in drug raid • Will to Fight • FBI Shootout in Miami

  20. Wound BallisticsCommon Myths • Heart shot will immediately incapacitate • Sensory effects of bullet wounds are immediate • “Knock-down” power of small arms • “Center mass” shots always hit vital organs

  21. Trooper Coates Shooting

  22. U.S. Legal Standards • Domestic use of deadly force is analyzed under 4th Amendment of the Constitution • Objective Reasonableness Standard • Court Decisions • Graham v. Connor (1989) • Reasonableness judged from perspective of law enforcement officer, not with “20/20” Hindsight • Brown v. United States (1921) • Detached reflection not required in the presence of an uplifted knife

  23. Deadly Force Standard for U.S. Military Personnel • Standing Rules for the Use of Force • Inherent right of self-defense • Deadly force is to be used only when all lesser means have failed or cannot reasonably be employed • Reasonable belief that person poses risk of death or serious bodily harm

  24. Deadly Force Standard for Federal Law Enforcement Personnel • Law enforcement agents/officers of the Department of Justice may use deadly force only when necessary, that is, when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person

  25. RUF/ROE Practical Considerations • What is serious bodily injury or death? • Minimum force/minimum number of shots • Limitations on when weapon may be loaded/round in chamber • Tache-Psyche & Investigations • Body armor and risk

  26. Warning Requirement???

  27. RUF/ROE Potential Problems • Fear of using force/fear of weapons • Qualification versus training mentality • Misunderstanding of rules governing use of deadly force

  28. RUF/ROE Potential Problems • Misunderstanding the tactical dynamics of a deadly force encounter • Unclear command guidance • “Accidental” discharge paranoia

  29. Consequences of Poorly Drafted or Misunderstood RUF/ROE • Afghan robbers with AK-47 not threat! • Green-zone Entry Control Point Guards • Marines at Fallujah • 82nd Airborne Division troops in Kosovo • Sentry spotting insurgents setting bomb

  30. Conclusion • Deadly force confrontations involve rapidly changing, dynamic, and unique circumstances • The realities of Tache-Psyche, Action v. Reaction, and Wound Ballistics are present in all deadly force scenarios • Effective RUF/ROE will be drafted with an understanding of these realties

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