LIBRARY Mlchigan Siam University J PLACE IN RETURN BOX to remove thIc checkout from your record. TO AVOID FINES return on or before date due. " DATE DUE DATE DUE DATE DUE I fiI—WL J msu In An Affirmative Action/Equal Opportunity Institution emana-p.‘ AN ANALYSIS OF CITIZEN RESISTINGS IN POLICIN G By Darrell L. Ross A DISSERTATION Submitted to ‘ Michigan State University in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY Department of Educational Administration 1992 {?/Q’{757 ABSTRACT AN ANALYSIS OF CITIZEN RESISTINGS IN POLICIN G By Darrell L. Ross The purpose of this study was to analyze the nature of citizen resistance situations police officers face today in performance of their arrest duties. Further, the study was conducted in order that new knowledge may be added to the training of both recruit and in-service police officers in order that survival tactics and instructional curriculum can be enhanced. Seventeen of twenty-five police agencies, who employ PPCT Defensive Tactics Instructor Trainers or Basic Instructors, participated in the six-month study which yielded 567 resisting incidents. The participating agencies represent a 68 percent response rate. Fourteen research questions were structured to measure the police-citizen resis- tance encounter. Nine research questions were designed so that descriptive analysis could be conducted. Five questions and hypotheses were structured in order to utilize Pearson’s product-moment correlation coefficient to identify correlations between citizen resistance and selected arrest variables. Results of the study indicate that the uniform police officer who encounters citizen resistance during arrest will most likely be a white male, with approximately 7 years of police experience, and commonly will not incur any type of injury as a result of the encounter. Significance at the .05 level was found between defensive resistance and where two uniform patrol officers were on the arrest scene. Misdemeanor and felony arrests, disturbance calls and traffic stops are highly correlated with citizen resistance during police contact. In a majority of the resisting incidents, the patrol officer is likely to face a citizen who is under the influence or is suspected to be under the influence of alcohol or a chemical drug. Moreover, the resist- ing citizen will commonly be a male, approximately 22 years of age, approximately 6 feet tall, and weigh approximately 175 pounds. In over two-thirds of the resisting inci- dents the citizen did not incur an injury. Results are compared to previous studies which have been conducted on the peripheral edges of this topic. Various training recommendations are identified which will enhance the recruit and veteran officer performance when encountering citizen resistance. Dissertation Director: Dr. Louis F. Hekhuis, Professor, Educational Administration Copyright by Darrell L. Ross 1992 ACKNOWLEDGEMENTS Many individuals have assisted me with this dissertation and throughout my doctoral studies. Without their assistance this endeavor could not have been completed. To my wife, Judy, who gave me constant encouragement and support although I spent many hours away from her. To my daughter Gretchen who didn’t quite understand the full meaning of her father pursuing a Doctorate. To them both I say thanks, because without their love and commitment, this work would have never been completed. To the doctoral committee: Dr. Louis Hekhuis, chairman of this dissertation committee, who always had time, not withstanding his own busy schedule, to offer the proper guidance, critique and encouragement toward the completion of this study; Dr. Eldon Nonnamaker, who gave me continuous support and encouragement in several courses and during this study; Dr. Robert Trojanowicz who has been an inspiration to me since my undergraduate days in Criminal Justice and throughout all of my educational pursuits; and Dr. Fred Whims for his guidance, support and insight into educational issues. To Dr. Manfred Swartz for his invaluable statistical assistance during the devel- opment and data analysis phases of this study. To Ms. Penny Papo who did all the data entry from the surveys. To Ms. Betty Beaten who drafted the first three chapters of the study. To Mrs. Helen Bacon whose word processing and computer expertise made this study’s appearance look professional and who spent countless hours completing the necessary final drafts of the study. To the seventeen law enforcement agencies who voluntarily participated in this study and assisted in providing the necessary data. To Mr. Bruce K. Siddle, Executive Director of the PPCT Organization and to the Executive Board Members. Mr. Siddle’s continued zeal for new knowledge and research in law enforcement is unmatched anywhere. A personal and heartfelt thanks for his assistance in this study is sincerely appreciated. vi TABLE OF CONTENTS PAGE LIST OF TABLES ................................................................................... x LIST OF FIGURES ................................................................................. xii CHAPTER I INTRODUCTION ................................................................................... 1 Statement of the Problem ....................................................... 3 Purpose of the Study ............................................................ 12 Research Questions .............................................................. 15 Definition of Terms ............................................................. 16 Limitations and Delimitations .............................................. 18 Organization of the Study .................................................... 19 11 REVIEW OF THE LITERATURE ............................................................. 20 The Dynamics of Police-Citizen Encounters and the Use of Force ....................................................... 22 Violence in Police Work ...................................................... 33 Nature of Assaulting Circumstances ..................................... 41 Assailant Characteristics in Police Assaults .......................... 49 Summary ............................................................................. 51 III RESEARCH METHODOLOGY ................................................................ 54 Population and Samples of the Study ................................... 54 Design of the Study ............................................................. 54 Cover Letter ......................................................................... 55 Instrumentation .................................................................... 56 Six Levels/Types of Resistance ............................................ 57 Research Duration ................................................................ 58 Pilot Study ........................................................................... 58 Response Rate ...................................................................... 59 Statistical Processing ........................................................... 59 Statistical Treatment ............................................................ 6O vii PAGE Eitirrirraztrjr ............................................................................. (511 IV ANALYSIS OF THE DATA ...................................................................... 66 The Sample Population ........................................................ 66 Research Questions and Hypothesis ..................................... 69 Analysis of Research Question One ..................................... 71 Analysis of Research Question Two ..................................... 72 Analysis of Research Question Three ................................... 74 Analysis of Research Question Four .................................... 75 Analysis of Research Question Five ..................................... 77 Analysis of Research Question Six ....................................... 81 Analysis of Research Question Seven .................................. 81 Analysis of Research Question Eight ................................... 84 Analysis of Research Question Nine .................................... 86 Analysis of Research Question Ten ...................................... 87 Analysis of Research Question Eleven ................................. 97 Analysis of Research Question Twelve .............................. 100 Analysis of Research Question Thirteen ............................. 107 Analysis of Research Question Fourteen ............................ 112 V SUMMARY, CONCLUSIONS AND RECOMMENDATIONS ............... 116 Introduction ....................................................................... 1 16 Eiiirritriauryr ........................................................................... 1 1‘7 Purpose ................................................................... 1 17 Literature ................................................................ l 17 Methodology .......................................................... 1 19 Conclusions ....................................................................... 122 Conclusion One ...................................................... 122 Conclusion Two ..................................................... 123 Conclusion Three .................................................... 124 Conclusion Four ..................................................... 124 Conclusion Five ...................................................... 126 Conclusion Six ....................................................... 128 Conclusion Seven ................................................... 128 Conclusion Eight .................................................... 128 Conclusion Nine ..................................................... 130 Conclusion Ten ....................................................... 131 Recommendations .............................................................. 133 Training .................................................................. 133 Management Issues ................................................. 136 litrrtlitrr'lilesueutr13lt ................................................................ 113‘7 Discussion ......................................................................... 138 viii PAGE References ................................................................................ 139 Cases Cited ................................................................................ 144 Appendices Appendix A Cover Letter .......................................................................... 145 Appendix B Subject Resisting Inventory ................................................... 148 ix LIST OF TABLES TABLE PAGE 1 Model of Violence Against the Police ............................................. 36 2 Population by Regional Distribution ................................................ 68 3 Selected Officer Demographics ....................................................... 72 4 Common Injuries Sustained by Officers .......................................... 73 5 Officer Assignment ......................................................................... 74 6 Types of Weapons Used in Citizen Resistance Situations ................ 81 7 Selected Citizen Demographics ....................................................... 85 8 Injuries Sustained by Citizens .......................................................... 87 9 Misdemeanor Arrest by Resistance Type ......................................... 89 10 Felony Arrest by Resistance Type ................................................... 9O 11 Disturbance Call by Resistance Type ............................................... 91 12 Civil Disorder by Resistance Type ................................................... 92 13 Handling, Transporting and Custody of a Prisoner by Resistance Type .......................................................................... 93 14 Mentally Deranged Individual by Resistance Type .......................... 94 15 Investigation of Suspicious Person/Circumstance by Resistance Type ............................................................................... 95 16 Traffic Stop by Resistance Type ...................................................... 96 TABLE 17 18 19 20 21 22 23 24 25 26 27 28 PAGE Relationship Between the Number of Officers on the Scene by the Number of Citizens Involved ................................................ 99 Alcohol Intoxication by Type of Citizen Resistance ...................... 101 Citizen Intoxication by Arrest Circumstance .................................. 103 Suspected Alcohol Intoxication by Type of Citizen Resistance ...... 104 Suspected Alcohol Influence by Arrest Circumstance .................... 106 Drug Influence by Type of Citizen Resistance ............................... 108 Relationship Between Drug Influence by Arrest Circumstance ...... 109 Relationship Between Suspected Drug Influence by Type of Citizen Resistance ..................................................................... 110 Relationship Between Suspected Drug Influence by Arrest Circumstance ...................................................................... 1 1 1 Relationship Between One Officer's Assignment and Citizen Resistance Type ................................................................ 113 Relationship Between Two Officers' Assignments and Citizen Resistance Type ................................................................ 114 Relationship Between Three Officers' Assignments and Citizen Resistance Type ................................................................ 115 xi LIST OF FIGURES FIGURE PAGE 1 Law Enforcement Officers Assaulted and Killed: Circumstances at Scene 1986-1990 .................................................. 45 2 Circumstances of Police Contact ..................................................... 76 3 Types of Citizen Resistance ............................................................. 78 4 Physical Forms of Active Aggression .............................................. 80 5 Day of the Week Citizen Resistance is Likely .................................. 82 6 Month of the Year Citizen Resistance is Likely ............................... 83 7 Time of Day When Resistance is Likely .......................................... 84 8 Number of Citizens and Police Officers Involved in the Resisting Incident ...................................................................... 98 xii CHAPTER I INTRODUCTION Whether it be stopping a speeding car, moving a group of rowdy teenagers on the street-side, quieting a family dispute, restraining an angry or enthusiastic crowd or effecting the apprehension of a felon, the work of a police officer frequently requires that they overcome actual or potential resistance. In doing so they may be thought of as drawing upon one or more general types of control: power, persuasion, authority and force. Force as a means of control is totally different than power, persuasion and author- ity. While power, authority and persuasion all result in mental domination and control, force seeks a physical control. By using physical force to gain compliance, the will of the person is irrelevant. Police in the United States have been given the legitimate authority to use physi- cal force to effect an arrest or to overcome unlawful resistance. The legal use of force refers to the amount of force lawfully available to local, state or federal law enforcement officers. Excessive force is that force which exceeds what is reasonable. Police officers are sworn to uphold the law and must attempt to apprehend law violators. Their duty is to protect the general citizenry, but their actions must be tempered by reasonableness (Note, 1981). The use of force utilized by police is a paramount issue for both the public and the police officer. On the one hand police who are performing lawful duties may en- counter resistance from a citizen during a family quarrel whereby the individual ques- tions the officer’s authority or power. The officer may potentially have to resort to the use of physical force based on the nature of resistance demonstrated by the individual. That force used must be reasonable. At the same time the citizen maintains the right to be free from unreasonable methods of force officers may employ in effecting an arrest. Determining the amount of force to use to overcome various forms and levels of resis- tance is a tenuous complex task. While the use of force by the police has been a subject addressed by social scien— tists, criminal justice experts, the courts, and professionals in the police field during the past twenty years, it continues to be a subject of concern. A dramatic example of this concern is illustrated by the Rodney King beating by Los Angeles police officers on March 3, 1991. King had been originally pursued by the California Highway Patrol and later joined by the LAPD for a speeding violation. After some time, King voluntarily stopped and exited his car. Police described his actions outside the car as aggressive and by citizen witnesses as passive. But, there is no question as to what happened next, as civilian witnesses video-taped the police conduct during this incident. Rodney King was beaten by several officers with impact weapons (batons) and kicked about the body by other officers, requiring emergency medical attention. While this type of police conduct cannot be condoned, it must be stressed that for every incident described above, there are countless incidents where the police have used force legitimately, wisely and reasonably, as they were trained. The stress created by a suspect fighting with an officer or resisting arrest is immense. As a fellow LAPD officer wrote in Newsweek, “Any officer pursuing King that night would have felt: How dare this person put innocent lives in jeopardy? What is he going to try when I catch him? Police officers are human, those officers lost control and the beating resembled a feeding frenzy (March 25, 1991: p. 34).” Understanding the nature of resistings and the proper use of force are critical issues for police officers. Reforms considered on this subject must first consider the safety of the police officer and the public. Naturally, police officers must be protected against attack and must be able to defend themselves. Moreover, citizens have a vested interest in the safe and prudent use of tactics which may cause severe physical injury or death. The public has a right to be protected from law violators who threaten their safety and police officers who conduct themselves in an unreasonable manner when attempting to make an arrest. The problem emerges when attempting to balance effective law enforcement with police and citizen safety. Hence, researching the nature of police and citizen resistance, encounters become a crucial concern for both the public and the officers. t t Pr 1 By custom and law in America, the intervention by the police into the affairs of men is regarded as legitimate provided it is done legally (Reiss, 1969). As society has become more complex, more is expected of the police regarding the various services they provide and the professional manner in which they perform their duties. The nature of the police officer’s position and the condition of society are such that it frequently be- comes necessary for the officer to exercise some degree of force in carrying out his or her sworn duties. With much more regularity, the type and degree of force used by the police has become the subject of controversy (Silver, 1991). Since the King incident a spate of brutality and excessive force cases that nor- mally would have attracted little attention has made national news headlines: In New York City five officers were indicted on murder charges in the February 5 (1991) death by suffocation of a 21-year-old Hispanic man suspected of car theft. The officers were accused of having hit, kicked and choked Federico Pereira while he lay face down and perhaps hog-tied, his wrists cuffed behind his back, while another set of cuffs bound his hands to one ankle. 4 In Memphis a black county sheriff was convicted in March (1991) of violating civil rights laws in the June, 1989 choking death of a 28-year-old black drug suspect. The suspect’s body was covered with bruises in the shape of shoe prints. In Plainfield, New Jersey, 50 people demonstrated outside police headquarters, charging that a policeman beat a 14-year-old black. As the youth, with fi'iends, was playing with a remote controlled toy car on a sidewalk near his home, a passing motorist stopped short of the spot where the boys were playing. A police cruiser ran into the rear of the stopped motorist. The youth’s parents, whose older son allegedly committed suicide in police custody in 1990, charged the officer, jumped from his car, accused the teenager of obstructing traffic and at one point tried to choke him. His parents were arrested when they tried to intervene (Time, April 1, 1991, p.19). The use of force by police has not only increased the public awareness of the issue, but a great deal of civil litigation involving police officers has arisen from the use of force. In many such cases, lawsuits have been based upon allegations of misuse of force, excessive force, assault and battery, false arrest, or false imprisonment filed by plaintiffs. Moreover, supervisors have been named in these lawsuits for failing to super- vise, train, and direct officers properly in these use of force occurrences. As well, judge- ments have been awarded against municipalities for failing to develop policies and procedures which can assist as guidelines for officers in determining the proper use of force (Peckoraro, 1987). There is much required of a police officer today. He or she is on the front line in enforcing the law and is expected to perform duties of maintaining order and making necessary arrests of those violating the law. Quite often the environment in which the officer must operate is a difficult one, many times requiring virtually split-second deci- sions on what course of action to take. The courts have recognized that a police officer making an otherwise valid arrest is legally privileged to use reasonable necessary force to effect custody (Fobbs v. City of Los Angeles, 1957). However, an officer must exercise judgement and discretion in the use of force, remembering that there is a privilege given to use reasonable force to accomplish the objective but there is no grant of carte blanche. The officer must keep in mind that the use of force beyond what is reasonably required in a given situation may well render him/her liable for damages in a civil lawsuit for assault and battery to the injured individual. It has been well established by the courts that force which is legally permissible is force that is reasonable and necessary at the time of the incident. Law enforcement officers have a privilege to use force generally under the following circumstances (Skin- ner v. Brooks, 1944; Stein v. State, 1976; Hostin v. United States, 1983): 1. To effect an arrest and overcome unlawful resistance. 2. In self-defense. 3. In defense of a third party. 4. To prevent an individual from harming himself. In the course of performing a duty such as making an arrest it is virtually certain that contact will be made by the officer with the arrestee, quite probably without the arrestee’s consent. This in and of itself does not constitute a battery because the police officer is privileged to use that degree of force that is reasonable and necessary in effect- ing the arrest. The problem arises when arrestee claims that the officer used too much, or excessive force. The common law has recognized that an officer need not retreat when confronted with resistance to an otherwise legal arrest. The officer is entitled to use that amount of force reasonably necessary to effect the arrest and to overcome resistance (City of Lexington v. Gray, 1973; Blais v. Town of Goffstown, 1979). Balancing the need to use force and the amount of force required to effect an arrest or to restrain a resistful individual requires officers to make sound and justifiable decisions. It requires training and education both at the recruit level and in-service level in the proper, professional and court accepted methods for controlling resisting individuals. Understanding what is reasonable force in a variety of citizen-police encounters requires that officers be con- tinually educated in the various common types of resistance officers will face in effecting an arrest. Expanded education and training for officers in determining the reasonableness of force is continually needed as the courts rapidly change their methods of analyzing acceptable police methods for restraining physically uncontrolled individuals. Expanded and updated training in safety issues in these situations is needed as well. In 1989, the Supreme Court of the United States handed down for the first time their holding on what constitutes reasonable force. In the case Graham v. Connor, the Court held that the use of excessive force during an arrest, an investigatory stop, or any other ‘ ‘seizure’ ’ of a person at liberty violates that person’s Fourth Amendment rights and is actionable under Section 1983. It had long been established that the use of exces- sive force violated some constitutional right, but until Graham, precisely what right was violated had not been clarified by the Supreme Court. In Graham the Court held there is no single generic standard for all Section 1983 excessive force claims, noting that Sec- tion 1983 of the Constitution is not a source of substantive rights. Prior to the Supreme Court decision in Graham, there was substantial disagree- ment among the lower federal courts about the appropriate doctrinal approach in exces- sive force cases. Some courts analyzed excessive force claims as deprivations of liberty without due process of law. This approach was premised upon the notion that individu- als have a substantive due process right to be free from an unreasonable and unwarranted violation of their physical integrity (Monroe v. Pape, 1960; Johnson v. Glick, 1973; Wise v. Brown, 1981, and Justice v. Dennis, 1987). Other courts analyzed excessive force ' claims as Fourth Amendment violations (Martin v. Malhoyt, 1987; Gilmere v. City of Atlanta, 1985; and Jamieson v. Shaw, 1985). In Graham the Supreme Court put to rest previous courts’ rulings on excessive force and the question of what analysis should be employed to determine whether a given application of force is unconstitutionally excessive. Deciding whether the force used in a given instance was ‘ ‘reasonable’ ’ under the Fourth Amendment requires a careful balanc- ing of the nature and quality of the intrusion on the suspect’s Fourth Amendment inter- ests against the countervailing governmental interests at stake. The Court emphasized the overriding function of the Fourth Amendment is to protect individual’s personal privacy and dignity against unwarranted intrusion by the “State.’ ’ This runs parallel to the Terry v. Ohio (1968) US. Supreme Court case, where Justice Warren, writing for the majority, broadly characterized the personal security and privacy interests protected by the Fourth Amendment. Equally important the Court stressed the government’s primary interest is in the apprehension of criminal suspects as it relates to excessive force claims. That interest is jeopardized whenever a suspect forcibly resists arrest or attempts to avoid detention by fleeing. The government is also concerned about the health and safety of police officers confronted by armed or otherwise dangerous suspects during the course of an arrest or investigatory stop (Tennessee v. Garner, 1985). In Chime] v. California (1969), the Court clearly stated it is entirely reasonable for a police officer to ‘ ‘search the person arrested in order to remove any weapons that the arrestee might seek to use in order to resist arrest or effect his escape.’ ’ Otherwise, the officer’s safety might well be endan- gered, and the arrest itself frustrated. Moreover, the government has an interest in preventing arrestees from concealing or destroying evanescent evidence during arrest. In Graham, the Court recognized tha , ‘ ‘the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it.’ ’ The Court’s deference to varying degree of physical coercive police conduct derives from and comports with the common-law tort principle that police officers are privileged in making forceable arrests (Tennessee v. Garner, 1985). In determining by what method of analysis would be utilized to evaluate claims of unreasonable force used by officers, the Court established three important factors. Noting that there is no precise definition or mechanical application possible for this test of reasonableness, the Court requires careful attention to the facts and circumstances of each particular case including: 1. The severity of the crime at issue, 2. Whether the suspect poses an immediate threat to the safety of the officers or others, and 3. Whether he is actively resisting arrest or attempting to evade arrest by flight. The Court noted that reasonableness must be judged from the perspective of a reasonable police officer on the scene, not based on hindsight, and should take into account the fact that police officers are often forced to make split-second judgements about the amount of force that is necessary in a particular situation. However, the Court as well articulates that they will evaluate excessive force claims on the totality of circum- stances represented on each case’s merits. Officers must be aware of the changing ‘ dynamics of a situation when they decide to use force based on the three factor test specified by the Court. The Court endorses a “reasonableness at the moment” standard that requires fact finders, when assessing the reasonableness of a particular seizure, to take into account the unpredictable dynamics of the arrest environment. While Graham sets forth criteria for analyzing use of force situations for officers it creates a situation where officers must be more attentive to the resistful or potential resistful behavior of the arrestee. The Court is desirous of affording officers authority to combat violent crime on increasingly violent streets. The Court also recognizes that in citizen-police encounters, the amount of force that is required in a situation will fluctuate from incident to incident based on circumstances that are tense, uncertain and rapidly evolving. Police-citizen encounters are unpredictable and officers are forced to make timely and decisive judgements about individuals and their behavior. Police work re- quires officers to deal with hostile and potentially dangerous individuals. Peaceable suspects may, without warning, offer harmful or deadly resistance at any time during the arrest. The Graham case holds officers to a reasonable force standard based on the circumstances of the incident, the severity of the crime, safety issues and resistance levels demonstrated by the individual. The police officer’s ability to clearly identify various types and levels of resistance demonstrated by the suspect is paramount from this case. In order for officers to justify their legitimate and reasonable, use of force they must do so by analyzing the suspect’s resistful or non-resistful behavior better than they have in the 10 past. The Graham standard calls for police to clearly evaluate the totality of circum- stances and how they are evolving at the time of the incident. Cueing in on potential resistful dynamics of the arrest environment, the type of call responding to and the demeanor of the suspect will help to gauge the actions of the officer and guide him/her in the appropriate and reasonable amount of force utilized. Given the diversity of resistful and potentially resistive encounters, the speed in which events can occur and the ramification of the Graham holding, it becomes impera- tive that research be conducted into the current nature of citizen resisting police face. While several past studies have been conducted in various realms of police use of force or assaults on officers (Margarita, 1980; Friedrich, 1980; Croft and Austin, 1987; Reiss, 1961; Chapman, 1986; and Meyer, 1986) none have specifically researched suspect resistings with any specificity. In 1973, the President’s Commission on Criminal Justice Standards and Goals, recommended that police officers need assistance and guidance when making arrests. In regard to the use of force the Commission recommended that unnecessary discretion should be eliminated and appropriate control established to provide flexible guidance. To eliminate unnecessary discretion, police agencies should identify situations where the individual officer’s discretion to make arrests with physical force is based on sound practice and guidelines. Bayley and Garofalo (1987), after completing a study of “Police Officers’ Effectiveness In Managing Police-Citizen Encounters,’ ’ recommended that additional research be conducted on violent confronta- tions police encounter and the behavior which is demonstrated by arrestees. In 1986, Meyer, et.al., in ‘ ‘Ambush-Related Assaults on Police,’ ’ recommended that future research focus on the variables that effect police-citizen encounters relative to violent ll behavior and police work. Margarita, (1980) in examining, “Police As Victims of Violence,” recommended that future research be directed at the circumstances surrounding the attacks against police to identify particular characteristics of officers, offenders and the nature of the environment where these confrontations transpire. Friedrich (1980) suggested in, ‘ ‘Police Use of Force,” that future research focus on those situational characteristics of arrest which might have an impact on the use of force and resistance. In 1986, Chapman, in “Cops, Killers and Staying Alive,” recormnended future studies should be directed toward the factors surrounding police-citizen encounters relating to resistful and assaultive behavior of suspects. The problem of justifying the reasonableness of police force has been heightened recently by the public’s awareness of incidents involving officers’ misconduct in arrest situations. Countless civil lawsuits have been filed by plaintiffs who have proven that police officers have utilized unreasonable and unnecessary force in effecting an arrest. The Graham standard establishes specific criteria in which the police will be evaluated in terms of the appropriate amount of force utilized in any given situation. Therefore, police must become more educated into the various factors surrounding resistful encoun- ters they face in order to defend their legitimate use of force. More than ever, officers must be enlightened into the factors surrounding police- citizen encounters as the courts are holding them to a standard which requires complete analysis of the arrest situation for justification of the use of force. Prior research which has been conducted around the peripheral edges of this topic concur that further research should be conducted into the resistful situations police encounter so that future knowl- edge may improve police conduct, which will enhance the officer’s judgement and 12 decision making relative to the use of force. The more educated officers become in understanding resistful situations of police-citizen encounters, the better prepared they are to use reasonable force methods in line with court guidelines which will aid in bringing about a positive change in police procedures. mm In a complex urban society, police officers are daily confronted with situations where control must be exercised to effect arrests and to protect the public’s safety. Police officers approach thousands of individuals on the street, residence, parks, busi- nesses and centers for social gatherings each day for a variety of reasons, i.e., to provide assistance, to question their behavior, to conduct a field interview, to administer first aid, or perhaps to arrest them. Quite frequently, when the police attempt to place a citizen under arrest, regardless of the situation or circumstances, they are faced with resistance. The resistance can be of a verbal nature or a physical nature. Physical resistance can be designed to seriously injure or kill the officer. For example, an officer who has repeat- edly instructed a drunk individual that he is under arrest for drunk driving and to place his hands behind his back for handcuffing, approaches the subject. Just as the officer attempts to place handcuffs on the suspect, the individual turns and slashes the officer four times with a knife. Further, subject resistance may be of a physical nature, but not designed to injure or harm the officer. An example of this type of resistance is where the officer attempts to physically gain control of a known drug dealer and as the officer attempts to grab the suspect’s arm, the suspect violently pulls his arm away from the officer and flees on foot. 13 In order for officers to meet court guidelines and standards when using force methods, they must rely on the most current research about the types of resistful encounters they face routinely. If the police are to measure up to the public’s expecta- tions relative to legitimate force concerns and if they are to enhance their professional- ism, research of this nature is critical to the total operations of the police function. Founded on legitimate police concerns, an updated realistic study needs to be conducted which accurately measures the nature of resisting encounters facing the police today. A study analyzing the changes in society, the human condition, and the nature of these resistful encounters is critically needed to update officers in what to expect when faced with resistance so that proper decisions may be made in accordance with court standards and agency policy. The purpose of this study is undertaken so that more can be learned about the nature of resistful situations police officers face today in performance of their arrest duties. Empirical knowledge is needed to update police in their safety considerations when approaching potentially dangerous and resistful situations. Analysis is needed to ascertain as much as possible about the types of circumstances in which these resistings occur. Updated data is needed relative to the most common types or level of resistance officers are likely to encounter. The study will analyze what types of resistance situa- tions where drug/alcohol are present and the impact these substances play in resistful encounters. Based on study results, a general profile of the suspect will be provided and the common characteristics shared by resisting suspects. The study will be most useful in providing information on police safety and occupational risk reduction. Results of this study will assist in identifying under what types of conditions weapons may prevail and 14 the common types of weapons used to assault officers. Data from this study will be useful in identifying common characteristics of the officers involved in these situations and analyzing the extent of injury common to these resistings. In addition, the study will provide data on many important variables which may contribute to a better understanding of both the nature and motivation for citizen resistive behavior. Moreover, the purpose of this study will be to add new knowledge to the training of both recruit and in-service police officers in order that survival tactics and instruc- tional curriculum can be enhanced. The data generated by this study will only lay dor- mant on the shelves of a few who may possibly read it, unless one of the basic and fundamental purposes is to actually use the new knowledge. This study is being con- ducted so that the Pressure Point Control Management Systems (PPCT) may update existing training curriculum as well as design new instructional curriculum for the en- hancement of police officers. Training has become an integral part of the police officer’s position so that he/she can enhance their performance as well as their safety level. Courts can hold police agencies negligent if further advanced training is not conducted on a routine basis (Canton v. Ohio, 1989). PPCT, founded and directed by Mr. Bruce Siddle in 1980, is committed to further education of police officers in the performance of their duties. That can only be conducted through valid applied research. The PPCT organiza- tion is the world’s largest use of force organization, and provides basic as well as ad- vanced instructional training in use of force methods which are highly court defensible. The training is designed specifically for police officers and correction officers, but has been used by private security companies and the military. 15 Knowledge attained from this study will be used in training new police recruits who attend a basic police academy. PPCT is used in literally hundreds of police acad- emies across the United States and information acquired from this study will expand the training curriculum so that new officers will have the most current information at their disposal. Additionally, this information will be vital to veteran officers and the type of instructional training needed to enhance their awareness and insight into the changing nature of the police-resistance encounter. Various knowledge and skills will be enhanced and enlarged as a result of this study. T h ti n The following research questions will be addressed in this study: 1. What are the selected officer demographics of the officers involved in these resisting encounters? 2. What type of injuries do officers sustain as a result of these incidents? 3. What is the most common type of police assignment in which these incidents occur? 4. What are the most common arrest circumstances officers encounter in citizen resistance? 5. What are the most common types/levels of citizen behavior or resistance demonstrated by the citizen in these resistful encounters? 6. What are the most common types of weapons used by citizens against police officers in these incidents? 7. What are the temporal patterns of these citizen resistance situations? 16 8. What are the selected citizen profile characteristics associated with these resisting encounters? 9. What types of injuries does the citizen sustain as a result of these incidents? 10. What is the relationship between the nature of the arrest circumstance and the citizen level of resistance during police contact? 11. What is the relationship between the number of officers on the scene and the number of citizens involved in the incident? 12. What relationship exists between the level of citizen resistance and those citizens who are under the influence of alcohol? 13. What relationship exists between the level of citizen resistance and those citizens under the influence of a chemical substance? 14. Is there a relationship between officer assignment and the level of citizen resistance? fi 'ti To provide a common basis for understanding, the following definitions of terms used in this study are included: Arrest: An arrest is the taking of another into custody by authority of law, for the purpose of charging him/her with a criminal offense or for the purpose of initiating juvenile proceedings, which terminate with the recording of a specific offense. Resistance: Verbal or physical behavior which is demonstrated by an individual which hinders, or diminishes the capacity of the police officer’s effort to physically or verbally control the individual. 17 v f i t Psychological Intimidation: The suspect’s nonverbal cues indicating the suspect’s attitude, appearance and body language exhibiting signs of physical readiness. Examples may include; pacing, pounding fists together, looking around, assuming some type of fighting stance, etc. Verbal Non-Compliance: Verbal expressions/responses indicating the suspect’s unwillingness to comply with the officer’s commands. Examples may include profanity, racial epitaphs, verbal threats aimed at the officer and refusal to obey lawful directions or commands. Passive Resistance: Physical actions that do not prevent the officer’s attempt of control. Examples may include; a subject going limp, dead weight or demonstrators linking arms. Defensive Resistance: Physical actions which attempt to prevent the officer’s control, but never with the intent to harm the officer. Examples may include; pushing the officer, twisting away, pulling away or breaking an officer’s grip away from the individual. Active Aggression: Physical actions of assault with intentions of the individual to harm the officer physically. Examples may include; strikes, kicks and assaults using personal weapons. Aggravated Active Aggression: This refers to deadly force encounters. Ex- amples may include; assaults involving lethal force, weapons, and felonious assaults. Subject Resisting Inventory (SR1): The subject resisting inventory refers to the instrument designed to capture the data relative to the resistings police encounter in a single incident. Uniform Patrol Officer: An individual sworn to uphold and empowered to enforce the laws of a state and the Constitution of the United States. He or she may be employed by a municipality, county or state governmental entity, either on a part-time or 18 full-time basis. The patrol officer is an individual who is a generalist and carries out varied police responsibilities. Patrol is often done in a car, but in some jurisdictions, the duties can be carried out on foot, horse or motorcycle. Patrol officers answer calls for assistance, maintain a police presence and probe suspicious situations. Use of Physical Force: That force which normally causes neither death nor serious injury when restraining a resistful individual. Under the Influence of Alcohol: Consumption of alcholic beverages which inhibit the functioning of the higher brain centers and, therefore, influences the rational behavior of the individual. Under the Influence of a Chemical Drug: Ingestation of non-alcholic sub- stances such as cocaine, heroin, marijuana, LSD, etc., which influence the rational behavior of the individual. Limitations and Delimitations I . . ti The findings of the study may be limited by: 1. The ability to ascertain appropriate and valid data from a diverse group using a common questionnaire. 2. The inability of the researcher to secure a 100 percent questionnaire response rate. 3. The time and financial restraints of the researcher. 4. The study only analyzes incidents where officers were faced with verbal or physical resistance. 5. The brevity of the questionnaire. 19 I; l' . . 1. The sample was drawn from a population of police officers representing 17 agencies across the nation. 2. The survey data gathered will be limited to a six-month period. 3. Due to the constantly changing role of the police and changing nature of society, the data can only be considered useful for approximately ten years. Qrganizatiga Qf thg Study The study will be designed and organized in the following method: Chapter I contains an introduction to the study, the statement of the problem, purpose of the study, research questions to be explored, definitions of terms, identifica- tion of the limitations and delimitations and an overview of the organization of the study. Chapter 11 contains a complete and thorough professional review relevant to the topic area. Research will include use of force studies, assaults on police officers, vio- lence in police work, citizen-police encounters, role of police in society and the nature of policing. Chapter III contains a description of the method for conducting the study includ- ing: the population and sample of the study, design of the study, cover letter explanation, instrumentation, research duration, pilot study, response rate, statistical processing, and statistical treatment for each research question. Chapter IV contains a description of the findings of the study. Chapter V contains the summary, conclusions, and recommendations based on the findings. CHAPTER II REVIEW OF THE LITERATURE The police in the United States virtually possess a monopoly to the legitimate use of force over citizens (Reiss, 1969). Bittner (1973) has contended that the police are nothing else than a mechanism for the distribution of situationally justified force in society. This right and monopoly to intervene into the affairs of the citizenry, to keep the peace and to enforce the laws, has frequently created problems for both the police and citizens alike. Central to these problems have been the police maintaining a neutral- ity into the political nature of their role in society, the reasonable and legitimate means of police behavior toward citizens, and the methodological criteria police use relative to their discretionary decision-making in applying the law. Maintaining the legitimacy between police and citizen relations depends largely on the ability of the police to establish and maintain the legality of their legal authority. This is often extremely difficult in the United States where strong institutionalized norms support both aggression and violence on the part of citizens as well as suspicion or hostility toward police intervention. When viewed in the context of police and citizen relations, the police use of force is a sensitive issue. Citizen complaints, riots and lawsuits emerge frequently when it is reported that the police may have illegitimately utilized their right to use force. Despite the importance of this issue, little information is available on the full spectrum of force regulme occurring by the police during their performance of their duties. Research and analysis of police use of force has focused almost exclusively on the use 20 21 of “deadly force,’ ’ that is, force which may reasonably be expected to cause death or serious physical injury, i.e., police use of firearms. It might be assumed that due to its more frequent occurrence, police use of less- than-lethal-force would be a central and predominant issue in police research. This, however, is not the case. Only in recent years has that issue been the subject of substan- tial interest of empirical researchers. Only a handful of studies emerge within the past four decades which have specifically focused their attention on the subject of physical force (Croft, 1985; Croft and Austin, 1987; Friedrich, 1980; Stark, 1972; Tech, 1969; Reiss, 1969; Skolnick, 1966; and Westley, 1953). The additional research which does exist in this area is somewhat outdated and only addresses the peripheral edges of violence in police work, assaults on officers, killing and ambushing police, and the effectiveness of the police in handling citizen encounters. Moreover, these few studies have not, with any regularity or specificity, re- searched the topic under investigation. Many of the past studies have in passing men- tioned the nature of citizen resistings as a violent potential aspect of police work. Stud- ies examining assaults on officers vary from region to region and have analyzed the circumstances under which officers are assaulted or killed performing their police duties. Some studies exist which focus on the situational dynamics of the police-citizen encounter, but fail to specifically address the levels or types of physical resistance officers routinely face while performing arrest functions. A major benefit of this research is that it is the first attempt to measure the nature, circumstances and types of citizen resistings police officers face while perform- ing arrest procedures. While there are a few studies conducted which analyze the broad topic of police use of force and ancillary concerns regarding this subject, what has been compiled over the years can assist as a starting point in determining what is presently known. Past studies will also make it quite clear as to the current magnitude of the problem and the need for the present study. 22 The purpose of this chapter then is to analyze literature regarding this subject and ancillary past studies which will reveal four essential elements paramount to under- standing resistful encounters police face. Combining an examination into these four elements will provide a backdrop for considering the important ingredients of this topic. The first element discussed will provide for an examination into the dynamics of police- citizen encounters. The second component addressed will be violence in police work. Thirdly, the nature of the circumstances of police assaults will be analyzed. Finally, citizen (offender) characteristics as they relate to assaults on officers will be discussed. Th D i f li - itiz n t n th Historically, English-speaking people have never enjoyed a good reputation as peaceful, law-abiding citizens. Pike, in 1876, noted: Respects for law and love of order were, however, not the characteristics of Englishmen, even at the time when the Tudors were succeeded by the Stuarts, much less at the time when the Plantagenet were succeeded by the Tudors. Violent opposition to the execution of a writ was a common offense under Henry VII; and the sheriff’s officers or bailiffs pursued a calling which was still dangerous under Elizabeth. To take up such arms as were at hand, swords, bows, arrows and cudgels, for the purpose of rescuing a prisoner, and recovering goods which had been seized in the execution of a legal judgement, seems to have been considered by some classes meritorious at the accession of Henry VII, and venial at least at the accession of James 1. Dating back to the earliest period in the Common Law Heritage, it is docu- mented that the King’s officers frequently suffered resistance when they were attempt- ing to fulfill their lawful duties. Through seven hundred years of growth, the English challenged the King’s men. The American Revolution was a broad-based resistance to the arbitrary action of British soldiers in America. During the last two centuries in the United States with the development and growth of cities, resistance to police and social 23 violence characterized a significant portion of American life (Creamer and Robin, 1968). The draft riots of the 18603, the railroad riots of 1877, the anarchist disorders of the 18803, the great labor strikes of the early 19003, the student protests and racial riots of the 19603 and 19703, abortion protests and gay rights marches in major cities in the 19803 and currently, are all representative of the ‘ ‘resistance-to-authority” heritage of the American people (Shultz and Service, 1983). This heritage has brought Americans into sharp, sometimes violent, conflict with their police. Contemporary civil rights problems and civil rights protests continually place the American police on the front lines of deep-rooted social protest. Is the citizen’s behavior a cause or effect of police use of force? Given the limited information of the dynamics of the incidents, it is impossible to say for sure. There are several studies which have specifically examined police-citizen encounters and ancillary variables which impact the police use of force and resistive citizen con- duct. In 1970, Reiss conducted a study where thirty-six observers toured with several police departments and observed the interactions of police-citizen encounters during the summer of 1965 and 1966. Over 5,000 incidents were reported from the cities of Bos- ton, Washington D.C. and Chicago. The study included approximately 1,600 incidents in which police regarded the citizens as actual or potential offenders. In 80 cases (5 percent of 1,600 incidents) police used force. Reiss demonstrated that police work was built around encounters with citizens and that these encounters could be systematically observed and examined. Reiss found that considering officer behavior as a statistical base, it is clear that officer behavior is closely related to citizen behavior. The study indicated that although most of all kinds of police behavior is directed toward citizens who behave civilly toward them, a disproportionate amount of “unprofessional” or “negative” police conduct is directed toward citizens who refuse to defer to their authority. Secondly, citizens who behave antagonistically toward the police are more likely to be treated in a 24 hostile, authoritarian or belittling manner by the police than citizens who behave with civility or who extend deference. The Reiss findings indicate that understanding police-citizen encounters evolve around the legitimacy of police authority and the citizen’s rejection or acceptance of it. Observers in this study characterized citizen’s behavior toward arresting officers as violent or aggressive, disgruntled or sullen, passive and unexpressive, or cooperative. Verbal behavior was classified as insulting or explosive, argumentative, passive or quiet, and good-natured or jovial. Almost 50 percent of all offenders under arrest, who were transported to the station for booking, were insulting or explosive (16 percent) or argued with officers (31 percent). In other words, 1 in every 2 citizens under arrest will challenge an officer’s authority, at least verbally. Moreover, the study reported only 1 in 5 citizens under arrest was characterized by observers as cooperative with the police. In approximately 36 percent of these uncooperative incidents the citizen was charged with drunkenness. Observers in the Reiss study noticed that in 9 percent of the resistance cases, offenders were handled with gross force involving some physical coercion or threat (physical assault, handcuffs, etc.), though not necessarily an undue use of such force. An additional 42 percent were treated with firm handling, generally moving the of- fender about by holding him by the arm, prodding him with a night stick, or surround- ing him with several police officers. Only 1 of every 2 offenders were free to move in the presence of officers. William Westley, who conducted police research in 1953 and 1970, ranks as a pioneer among researchers in police work. Westley emphasizes that the policeman’s workaday realityuthe circumstances under which he encounters the public-~is such that it forces the officer to derive a jaundiced view of segments of the public. This outlook has nothing to do with personal motives and attitudes, it arises instead out of the adverse nature of police-citizen interactions. 25 Westley maintains that officers on the job often find it difficult to draw subtle distinctions between the police role and their feeling as a human being who is disliked and disrespected by other human beings. Like Reiss, Westley contends that a key force in shaping the police officer’s conduct is the issue of receiving or not receiving respect from citizens. Other things being equal, the officer is more likely to arrest the individual who is disrespectful to him. According to Westley, arrests take place only partly to enforce the law; premises of morality often play key roles. It may be a critical fact whether a youth is seen as a salvageable child, as a “sniveling punk,” or as a cop- baiting tough. A drunk calls for different disposition if he is belligerent, repentant or disarmingly helpless (Westley, 1970). Toch’s study (1969) of violence-prone interactions and violence-prone individu- als included an analysis of violent police-citizen incidents which occurred in California. Toch interviewed a group of Oakland Police Department officers who had been as- saulted by citizens and interviewed a group of citizens who had assaulted officers to gain additional information concerning the research. Toch, as did Reiss, found that many, if not most, police-citizen encounters were a manifestation of citizen disrespect and/or a reaction to it by the police. Toch found three factors intersect when the citizen believes the officers’ arrest authority is being illegitimately applied. First, there is the assumption that police are acting unfairly. Second, the person concludes that police unfairness has reached a point where it cannot be further tolerated, or where the officer, in a manner of speaking, has divested himself of his badge by going too far. Third, the individual feels a sufficient sense of potency (or disregard of consequence) to initiate violence. Toch also traced the main sequential steps involved in a police-citizen encounter. In approximately 50 percent of the resistful encounters the citizens react to the verbal approach by the officer. While no serious offense may have been committed, the citizen negatively reacts or fails to cooperate with the orders, demands, questions, suggestions 26 or other verbal communications made by the officer. In many situations the result was that the officer escalated from a request to an order, or from an order to a threat. In turn, this initiated a transition in the citizen from, “truculence to violence.” Toch additionally noted that the role of alcohol played a major role in the behavior of the citizen. Chevigny’s research (1969) of citizen complaints of police use of force reported findings similar to those of Reiss and Toch. Of the investigated complaints of police use of force, 71 percent arose out of citizen defiance of police authority or what the police perceived to be such defiance. In the majority of cases (61 percent) citizen defi- ance involved speech, rather than acts. Friedrich’s study (1980) of the police use of force reanalyzed data originally gathered by Reiss, previously discussed. A multiple regression analysis revealed that police use of force depended primarily on how the offender behaved. Friedrich found that the general state and level of intoxication of the offender influenced the use of force utilized by the police. The persistence of the relationship with the offenders state demonstrates that force plays a role in controlling the agitated offender even if his actions are not antagonistic to the police. Friedrich additionally found that the highest coefficient related to the number of police on the scene, and the number of citizens present when the use of force was utilized. Both these relationships raise particular problems regarding causality, but both are consistent with the argument that the image of the police and their desire to maintain respect of their colleagues and the public are important factors in understanding their behavior. Moreover, Friedrich found no relationship between the use of force and who the police officer is, seniority on the job, job satisfaction or dissatisfaction, and who the citizen is in terms of sex, age, race and class. These factors, according to Friedrich, hardly make any difference at all as it relates to force utilization. The controversy over 27 whether it is class or race which has the greatest impact on the use of force turns out to be moot--neither of them have much effect at all (Friedrich, 1980). Race as an insig- nificant factor in arrests and in the use of force has been documented in other studies as well (Hogan, 1974; Green, 1970; Wiener and Willie, 1971 and Hepburn, 1978). The results of Friedrich’s study (1980) suggest that the dynamics of the encoun- ter may have greater impact on the use of force than individual characteristics of the police officer. For example, use of force apparently had been provoked by citizen antagonism or lack of sobriety. Further, results of a multiple regression analysis of variables thought to influence police use of force indicated that use of force was associ- ated primarily with two factors: how the offender behaved and whether or not other citizens or police were present. Offender antagonism appeared to provoke the use of force and an agitated citizen was more likely to be controlled by force. Friedrich’s study pointed out that approximately 62 percent of the offenders were “antagonistic’ ’ towards the police, the general state of the offender in 74 percent of the incidents were ‘ ‘agitat ,’ ’ rather than detached or calm and that 70 percent of the citizens in these incidents were drunk or showed signs of intoxication. Interestingly, the number of additional police officers on the scene showed the strongest relationship to the use of force. As Friedrich points out, however, interpreting causality poses a problem: do additional officers increase the chance that force will be used or does the use of force attract additional officers? Observations of police-citizen encounters by Sykes and Clark (1975) reveal a number of factors of relevance to this discussion. First, as other studies suggest, as the citizen’s level of impoliteness increases, the chances of being arrested significantly increase. Second, the lower the status of the citizen, the lower the level of deference to the officer. Third, arrest rates are significantly higher when the citizen is angry, or when both citizen and officer are angry, than when neither is angry or when only the officer is angry. Fourth, officers and non-whites are more likely to engage in mutually insulting 28 behavior than are officers and whites. According to Sykes and Clark (1975) these findings suggest that the officer is thus more likely to use arrest as a means of punish- ment or authority-maintenance. In a comprehensive study on the use of force by the police conducted in 1985, Croft found that approximately 80 percent of use of force incidents involve misdemean- ors, violations, or non-criminal situations. Croft’s study examined 2,397 reported use of force incidents occurring in Rochester, New York over seven years (1973 through 1979). She examined characteristics of the 757 police officers working during this period, concentrating on those involved in the use of force. In examining the dynamics of the incidents, Croft found that the initial situation upon the officer’s entry is almost evenly divided between arrest related matters, such as attempting to arrest a misdemeanant offender who is resisting arrest, and peacekeeping matters such as trying to defuse a family argument or fight. In more than half of all incidents, the initial behavior of the citizen is not physical aggression against the officer but rather takes the form of verbal abuse or defying an officer’s authority. Overall, the most frequent initial response of the police is a verbal order, which usually proves ineffective. Although different sequences of police and opponent behavior emerge, in 83 percent of the incidents the opponent eventually fights with the officer or attacks the officer with a weapon. Croft’s analysis of the incidents indicates that approximately 30 percent of the arrests, and their associated use of force, might have been avoided at the outset if the persons involved had ceased fighting, arguing, being verbally abusive to the officer or had obeyed orders of the officers. Croft (1985) also reported the type of resistance more commonly encountered by police when faced with “agita ” citizens. Approximately 80 percent of the use of force incidents showed the citizen was under the influence of alcohol. Being under the influence of alcohol increases the chance of citizen agitation, erratic and bizarre behav- ior which according to Croft may serve to precipitate the use of force. Further, Croft 29 reported that of the use of force incidents examined, which comprise 2 percent of the criminal arrests in Rochester during the study period, the following major types of resistance were revealed as experienced by the police: 1. Forty percent of the citizens resisted hand holds. 2. Twenty-nine percent of the citizens wrestled with the officer. 3. In fourteen percent of the incidents, the citizen had a club in their possession. 4. Five percent of the encounters involved a citizen attempting or actually hitting the officer with their vehicle. 5. Five percent of the citizens used an edged weapon against the officer. Siddle (1984) conducted an informal study in St. Louis, Missouri and found that 67 percent of the resistance encountered by police was after the first handeuff was placed on the suspect. Siddle also estimated that approximately 80 percent of all sus- pect resistance occurs when an officer is attempting to grab the suspect’s arm to guide him/her to a specific location. In an effort to assist officers in readily identifying resistful encounters with suspects, several use of force matrices or force continuums have been designed by police experts across the country (Parsons, 1980; Parsons, 1984; Desmedts; 1984 and Connor, 1986). Many of these matrices are often illustrated in chart or graph form, identifying various levels of suspect resistance and appropriate levels of reasonable police force. They can be somewhat confusing to the officer, and difficult for attorneys, juries and judges to understand when an excessive force case is being tried. Siddle (1984) classified suspect resistance into six generic levels to provide the officer with a guide in making defensible decisions in the degree and amount of force to reasonably use when confronted with a resistful suspect. It is considered one of the more defen- sible force continuums for court testimony. The PPCT Force Continuum identifies both suspect resistance levels and reasonable officer levels of control as follows: 30 W v 1 f 1' Psychological Intimidation Officer Presence Verbal Non-Compliance Verbal Commands Passive Resistance Empty Hand Control Defensive Resistance Soft Empty Hand Control Active Aggression Hard Empty Hand Control Aggravated Active Aggression Intermediate Weapons Soft Intermediate Weapon Hard Intermediate Weapon Lethal Force The PPCT Force Continuum is designed around generic levels of resistance and appropriate and court defensible levels of officer control. The Force Continuum is a guide to assist the officer in decision-making with the type of force needed to control resistive behavior. It has been useful in deciding the proper amount of force to use based on the citizen resisting behavior confronting the officer. In 1988, Croft and Austin reported their findings of a comparison study between Rochester, New York (Crofi’s former study) and Syracuse, New York, relative to the police use of force. The study was part of a statewide comprehensive study in New York on the police use of force and was conducted for the New York Commission on Criminal Justice. The study examined 1,762 use of force incidents during the years of 1984 and 1985. Croft and Austin reported that the police use of force is infrequent, occurring in approximately five percent of arrests and in less than one-tenth of one percent of police-citizen encounters. According to Croft and Austin, the most common types of use of force incidents citizens are involved in are for lesser violations, misdemeanors and violation offenses (i.e. disorderly conduct, harassment, etc.). Felony charges were uncommon. As with 31 Crofi’s previous study (1985), the majority of the citizens appear to have consumed alcohol in this study as well. The incidents were highly visible, as measured by the proportion having citizen witnesses present. The most frequent reasons for police using force were to arrest the citizen (39 percent), to subdue the subject (29 percent), citizen refusing to be handcuffed (14 percent), and to prevent the subject from fleeing/escaping/ evading arrest (6 percent). The majority of citizens involved in the use of force inci- dents were in the age group of 16 to 28 years of age and were predominately male. As part of the New York’s Commission on Criminal Justice and the police use of force, Bayley and Garofalo (1987) examined conflict during police-citizen encounters in the City of New York. Because police officers work in a very judgmental world (Bayley and Bittner, 1985), Bayley and Garofalo were interested in analyzing the interactions between the police and citizens in arrest situations. They reported officers used force much more in incidents involving interpersonal conflict, disputes, and violent personal crime than in any other sort of incident. In traffic encounters, force was never used, either by the police or the citizen. Bayley and Garofalo (1987) found the state of affairs that police discover on arrival critically affects the likelihood that force will be used by someone - citizen or police -later in the incident. Specifically, officers were six times more likely to use force at contact if conflict was present on arrival (12 percent) than if it was not (2 percent). Officers were also three times more likely to use force later in the incidents if conflict was present on arrival (14 percent) than if not (2 percent). Taking a citizen into custody was almost four times more common when force had occurred during an en- counter than when it had not (42 vs. 11 percent). The (1987) study by Bayley and Garofalo revealed that most of the conflict was of a verbal nature by the citizen. Force of any sort between any person, police or citizen, arose in only 36 incidents; this was overwhelming pushing, shoving, grabbing and 32 holding. A citizen possessed a gun or a knife in 10 incidents. Police used force in 31 encounters; citizens directed force against officers in 11. Fifteen people were injured, three of whom were officers. One final perspective which analyzes the citizen-police encounter is the charac- teristics of the individual officer and how it impacts the situation. Skolnick (1966) stated that police officers have a “working personalityz” a set of cognitive tendencies which influence their identification of certain kinds of persons (blacks, youths, etc.) as ‘ ‘symbolic assailants.’ ’ Skolnick argued that because of the violence potential of their job, their social isolation and their sense of group solidarity, police are highly sensitive to signs of danger and challenges to their authority. As a result, they may perceive that the principle of accountability to the rule of the law may not be the most effective means for meeting the work requirements of maintaining order. Westley (1953 and 1970) agreeing with Skolnick, conceptualized the police as a subcultural group. Within this framework, police colleagues sanction the illegal use of force where it is effective in achieving the occupational and subcultural goals of obtain- ing respect and making a “good pinch.” Stark’s study (1972) offers related informa- tion. Concurring with Westley and Skolnick, Stark profiled police as a minority subcul- ture. While ostensibly examining ‘ ‘police riots,’ ’ his book’s assertion is that police use of excessive force is routine and that police regard such excessive use of force as legiti- mate. Because police are differentiated from the ordinary citizenry, Stark contends that those individuals outside the police world are viewed by the police as enemies of the ordered state. Stark concludes, therefore, that such individuals are perceived as legiti- mate targets for their hostility. Niederhoff’s work (1967) exemplifies the theme of police misuse of force being linked to the high-risk concept of order held by the police. He viewed the police system as being in a state of anomie, with the new ethic of police professionalism undermining the old norms and loyalties. According to Niederhoff, as professionally oriented 33 officers fail in their drive for advancement and are not accorded professional status by the public, they develop a cynicism which is reinforced by their work experience. Due to their constant contact with lawbreakers, suspicion becomes second nature to the police, and eventually police are transformed into authoritarian personalities. One last study in this section worth mentioning provides an explanation of police behavior by demonstrating a relationship between police use of force and structural characteristics within the community. Wilson (1975) explored, “under what circum- stances such differences as exist (in police officer performance) are based on explicit community decisions.” He identified three styles of policing and suggested that the, ‘ ‘watchman,” or ‘ ‘caretaker” style might result in the use of excessive force more frequently than “legalistic” or “service” styles of policing. Wilson concluded, how- ever, that while community characteristics (specifically politics) might have an influ- ence upon organizational styles of policing in a broad sense, the influence was more indirect than deliberate and that police departments tended to operate independently of politics. Other researchers previously discussed (Toch, Westley and Neiderhoffer) suggested that the occupational ‘ ‘subculture’ ’ of the police serves to support and “le- gitimize’ ’ police use of force, but they do not examine variations in those subcultures from one department to another. Research on the aspects of violence or assaults on police officers are limited and often quite contradictory. Creamer and Robin (1968) reported a tidal wave of assaults on law enforcement officers, and the job was seen as one of society’s more potentially dangerous occupations. From 1960 to 1965 assaults on officers more than doubled (from 10,000 to 20,523 annually) (Uniform Crime Reports, 1965). Some 23 years later police work is still categorized as more difficult, technically demanding and potentially dangerous than any previous time(Christopher Report, 1991). This is supported by the 34 fact that nationally, during 1990, 71,794 assaults were made on law enforcement per- sonnel, or 17 out of 100 officers were assaulted (Uniform Crime Reports, 1990). Sixty-five officers were killed in the line of duty that same year. Still other reports indicate that police officers rarely face violence in encounters with the public. Any act of violence may be catastrophic in its consequences both to the public and the police, and thus worth guarding against. But the facts are that police officers see violence only occasionally; it is seldom directed at them, and produces few serious injuries (Bayley and Garofalo, 1987). While there are no nationwide figures on the number of times an officer uses force during an arrest, some individual departments keep their own statis- tics. According to the Los Angeles Police Department (LAPD) (Christopher Report, 1991) slightly more than 1 percent of all arrests involve physical confrontation. Ac- cording to LAPD figures, a baton was used in 16 percent of the approximately 2,400 arrests in which officers used force. The Taser gun was used in 5 percent of the force incidents. The single largest category, called bodily force, was used in 22 percent. Kicking was used in 6 percent. A final category, twisting the wrist into a locked posi- tion behind the back, was used in 18 percent. Croft and Austin (1987) also reported that in their study of Rochester and Syracuse, New York, use of force incidents (over a two- year period, 1984 & 1985), force was used in less than 5 percent of arrest situations, and in less than one-tenth of one percent in police-citizen encounters. While the magnitude of violence against the police has not been fully appreci- ated and may be somewhat debatable, it is reasonable to explore the literature and explanations of why violence against police does exist, regardless of the level. In this way, one will be able to determine the risk potential involved in resistful police-citizen encounters. A variety of perspectives has been offered to explain the incidence of violence against the police, including the risk inherent in being exposed to armed criminals and/ or hostile citizens, that is, as a function of the role of the police (Meyer, et al., 1986). 35 Social, political, economic, psychological, and organizational factors have been sug- gested as significant contributors to violence against the police in many commentaries. Victim precipitation and individual predispositions to the use of violence have been shown in a small number of studies to contribute to the outcome of police-citizen en- counters (Toch, 1969 & 1977; Chapman, 1986; and Meyer, et al., 1986). Regardless of approaches to the study of criminal violence in which police are the victims, the impact of assaults and homicides of police is far greater than conveyed by mere statistics. The elusive concept of danger on the job translates perhaps most powerfully to police in psychological and emotional terms, and influences police officers’ perceptions of potential pressure situations. Officers may feel that the chances of being assaulted are constant, random, and unpredictable (Bixler, 1978). The inevitable fear, the anticipa- tion, and readiness to perceive violence in turn increases the probability of a violent episode (Toch, 1977). Violence and violent behavior as areas of research have received more attention and study than specific types of violence associated with police work. Even though violence is usually judged to be improper and harmful behavior associated with crimes against the person such as murder and rape, many forms of violence enjoy wide accep- tance in American culture as legitimate and normal ways of accomplishing certain goals. Violence is widely regarded as a useful tool for maintaining social control or producing social change (Blumenthal et al., 1972). Violent behavior must surely be affected by the process of human development, by childhood experience, and by the effects of outside society as a learned behavior (Megargee, 1969). The manifestation of violent forms of behavior is at least partially attributed to the acquisition of value systems, social learning and conditioning, and the system of reward and immediate gratification involved in operant behavior (Wolfgang et al., 1967). While various studies and researchers postulate various explanations for violence in our society when the physical attack is upon a citizen-citizen encounter, the case of 36 the victim police officer may be an exception (Wolfgang, 1958). Analyzing the police as a special subset of criminal violence is not ordinarily fully embraced in some research circles. But because the authority and responsibility of the police color significantly the occasions for police-citizen contacts, the perspective adopted by one theorist considers the phenomena of violence against police as a special subset of criminal violence. Margarita (1980) views violence against police as a special subset of violence which is tailored to the specifics of police work as depicted in the following table: Initil mlint r ti Police intervention in non- Police intervention in serious serious crime (drunkenness, crime (burglary, robbery, disorderly conduct, family murder, etc.) dispute, etc.) /\ Peaceful Impulsive Peaceful Instrumental resolution violence resolution violence No injury Attack with force No injury Attack with force not likely to cause likely to cause death death No injury Injury No Injury Fatality Injury By using this model, violence against police can be illustrated as impulsive or instrumental violence. Impulsive violence typically involves nonutilitarian goals, including defense of person autonomy or expressions of hostility (Margarita, 1980). By comparison, instrumental violence is used as a means to an end (Berkowitz, 1978) for example, to avoid arrest, to escape custody or to silence a witness through the threat or 37 use of force. It is suggested here that the outcome of the attack is not determined by chance alone, but is influenced by the structure of the incident, and the intentions and motivations of the assailant. While categorizing human behavior is not so simple, by using this model it is possible to identify patterns among assaults and homicides by examining characteristics of the two crimes, such as motivations, place and time of occurrence, situational con- text, weapon usage, etc. There may be certain situations (i.e., domestic disturbances) in which the police officer is the unintended victim of assault, an impulsive act, as the result of involving himself in ongoing violence. Hostility and anger are transferred or extended to the officer by virtue of his presence at the scene. In other situations (i.e., the interrupted robbery) the police officer may be intentionally shot by a fleeing felon to facilitate his escape. Criminals may equip themselves with deadly weapons, “not only to carry out the crime, but also to lower the risk of being shot and apprehended by a police officer,” (Chapman, 1986). That is, the use of fatal force may be considered an option on the part of the offender in the commission of serious crimes, instrumental in avoiding arrest or escaping custody. While violence in police work has largely escaped theoretical attention, an important exception to this is the work of Daniel Kieselhorst (1974). In a detailed analysis Kieselhorst argues that the causes of police assaults (including deaths) can be examined at three levels: factors related to the police function in society; social-cultural factors; and police personnel functions. First, Kieselhorst notes that the United States is an extremely affluent society, but is also a land of social, economic, and political inequalities, injustices, oppression and despair. In this context, police are the objects of violent action because they are charged with upholding forcibly the laws that support the practices and structures which cause people to be deprived of their needs (psychic and physical). In Kieselhorst’s view, 38 ‘ ‘As long as society by means of legal and extralegal practices tends to oppress the freedom and equality of various groups and classes....the police officer remains vulnerable....because his is the duty of imposing oppression. Short of major changes in some of the most fundamental institutions and structures of this society, the police officer will remain a symbol and representative of the oppressing and hateful system, and his presence is a visible, tangible and vulnerable reality to those who are striking out” (pg. 57). Secondly, Kieselhorst aligns his explanation of violence in police work with the “culture of violence” thesis (Wolfgang and Ferracuti, 1967), by emphasizing that violence is an acceptable and noble form for displaying one’s prestige, authority, matu- rity and superiority. These cultural themes set the stage for civilian and police encoun- ters to take on a violent tone. ‘ ‘The fact the individual members of our society are taught and conditioned to use and respect violence means that under certain circumstances and within certain self-perceived crisis, they will employ those strategies that they have learned and absorbed. This means, of course, that policemen are going to find people using violent behavior against them. To expect otherwise would be to expect that social training, conditioning, and education had no effect” (pg. 59). While cultural forces suggest a readiness for violence, they do not explain it. Without the predisposition to violence, the assault would not occur. Rather, the under- lying factors in police-citizen conflicts are the deprivation, oppression and despair previously mentioned. Kieselhorst’s (1974) third factor influencing police assaults pertains to perfor- mance characteristics. Especially important in promoting assaults are: lack of compe- tence on the part of police; errors in judgement by officers; and negative attitudes and prejudices of officers. Kieselhorst acknowledges that the performance of the police in handling and avoiding assaults can be improved. However, concentrating at this level offers no opportunity to make a large and significant reduction in assaults on police because conflict at this level is only symptomatic of social and cultural factors that 39 extend well beyond the reach of the individual officer. In the final analysis, police are victims of assault because their combatants are victims of cultural patterns and life situations that promote deprivation, conflict, violence and assault. Thus, for Kieselhorst, the only possibility for achieving a meaningful reduction in police assaults is to eliminate oppression, inequalities, injustices, and the resulting conflict within this society. This process would require a basic reevaluation of society’s sacred and unques- tioned values, attitudes and institutions (pg. 5 7). Significant to violence in police work are police homicides. While assaults on police officers have remained at a relative stable rate during a period from 1981 to 1990 (16 to 17 officers per 100 officers assaulted annually), the killing of police officers in the line of duty have declined during this period, from 91 deaths in 1981 to 65 deaths in 1990 (Uniform Crime Reports, 1990). Rates of police homicide are extremely high compared to that of the general citizenry, but have received only limited research atten- tion. No other occupational group in the country has such a high rate. Lester (1978 and 1982) studied the homicides of police in 31 American cities during a period of the 19703. The study considered the bivariate relationship between police killings and over two dozen community characteristics. Police homicide rates were associated signifi- cantly with latitude and poverty, but a small percent of the black population had only a chance association with a police killing. Further, the general homicide rate was related significantly to police killings while assault rates were not correlated significantly with this offense. Others as well have briefly studied the problem of police homicides. Kania and Mackey (1977) found a positive correlation between poverty and police homicide rates at the state level. Similarly, Jacobs and Britt (1979) found a positive correlation be- tween income inequality and police homicide rates at the state level. Sherman and Langworthy (1979) found strong associations across cities between the police homicide 40 rate per population and other community-level measures such as the violent index crime rate, the homicide rate and the violent arrest rate. Peterson and Bailey (1988) studied police homicides in an attempt to shed additional light on the under-researched topic. Specifically, they examined the struc- tural determinants of police killings by analyzing yearly state-level police homicide rates in view of social and economic factors. Their hypothesis was that police homicide rates are a function of the divorce rate (an indicator of social integration or social disor- ganization), percent black population, region of the country, percentage of families below the poverty line, the general level of income inequality and the level of racial income inequality between whites and blacks. These variables were compared with the general citizenry homicide rate and the police homicide rate. Peterson and Bailey (1988) found the two types of killings are only similar in etiology. Poverty and the divorce rate are highly significant predictors of both homi- cide, but neither type of killing is associated with region or with social inequality. In contrast, where civilian homicides are associated significantly with percent black popu- lation and general income inequality, the relationship between these factors and police killings does not depart from a chance level. Peterson and Bailey’s analysis suggests that police killings are not tied to the level of serious crime, and thus are not simply an expected cost of doing police work. Police work is more hazardous in jurisdictions with high levels of poverty and divorce regardless of the general crime rates. In short, the social conditions that bring citizens and police into conflict appear to be of paramount importance in understanding police killings, which parallel the findings brought forth in Kieselhorst’s study ( 1974). Margarita (1980) provides a final explanation in the understanding of violence in police work by analyzing situational motives of assailants who kill police officers in the line of duty. Margarita analyzed 245 criminal homicides of the New York Police Department from 1844 to 1978 by using a social-psychological classification scheme 41 designed by Hans Toch (1969). This scheme identified five primary motivating factors in attacks on police triggered by the offender’s perception of the immediate situation: perseverance in violence; defense of personal autonomy; protection against concrete danger; defense or support of others; and expressions of contempt. Margarita ( 1980) found that protection against danger (63 percent) was the sole motive coded for homicidal attacks on police that were committed during arrests or investigations of murder, burglary, larceny, arson, or following officer-in—distress alerts. Further, most victim officers responding to robberies--the largest single category of precipitant incidents-were killed by offenders who perceived the officer as presenting some imminent danger. Three-fourths of officer deaths were during traffic stops and aggravated assaults were also motivated by fear, although the latter type of incident included too few attacks to be conclusive. Similarly qualified by a small number of cases, the evidence suggests that one-half of rapists and mentally deranged persons killed police in order to avoid or retard the imposition of fearful consequences. Additionally, Margarita found investigations of suspicious circumstances ac- counted for more attacks in defense of others than did other activities. Offenders ex- pressing contempt, hostility, or disapproval of specific police actions or of the police function in general were more likely to kill police during ambush attacks of civilians, service calls and routine patrols than in other incidents. Accordingly, for Margarita, for most police assailants, violence against police should be viewed as goal-directed behav- ior. The element of intent to injure is not a major feature, rather, the majority of police assailants are attempting to protect themselves from capture, arrest, or injury. r A ltin 'r n Current studies which have empirically studied the levels of citizen resistings during police arrest are lacking. However, there are several prior studies and data available which provide information surrounding the circumstances of assaults or deaths 42 of police officers that can be utilized in understanding resisting situations. Examination of the circumstances surrounding the assaults against the police can provide valuable information. An early national study (Arenberg, 1959) of 134 killings from 1955 to 1959 found that 41 percent of victim-officers were killed during burglary calls, 29 percent in traffic cases culminating in car crashes, and only 12 percent were killed during distur- bance calls. Bistrow (1961) conducted a pioneering study of the shootings of police that occurred from 1959 to the spring of 1961. Unfortunately, no differentiation between outcomes, fatal or nonfatal, was made in the published report. Creamer and Robin (1968) reported that nationally, between 1960 and 1965, assaults stemmed from minor crimes, while murders of police occurred during the commission of more serious crimes. Marafioti (1972), reported that the killing of New York City police occurred during three basic situations from 1966 to 1971: the interrupted robbery, drug arrests and investigations, and settling altercations. The Police Weapons Center of the Interna- tional Association of Chiefs of Police (1971) studied police injuries by reviewing 1,800 newspapers monthly from July, 1970 to April, 1971. Using the newspaper accounts, the Center’s researchers categorized the circumstances leading to officer assault and injury. Geller and Karoles (1981) analyzed data from 1974 through 1978 on all incidents (108) when shots were fired by civilians at Chicago policemen and injury or death to a police officer resulted. In 1979 the Michigan Law Enforcement Officer Training Council (MLEOTC) conducted a job task analysis of all the police functions in Michigan. As a result of the job task analysis MLEOTC studied resistful police encounters and found the following: 1. On the average, police could be required to use physical force ten times per year, per officer. 2. The most common type of resistance encountered was in the form of the subject attempting to pull away from the officer, 28 percent. 43 3. In 27 percent of the incidents the officer had to wrestle with the subject. 4. In 12 percent of the incidents, the officer was hit or kicked by the subject. 5. In 4 percent of the incidents a weapon was involved. An officer could expect to encounter a subject wielding a knife once every two years. In approximately half of these situations where weapons were encountered, force was used to control the subject. 6. Where resistance was encountered by the police, in 79 percent of the cases physical force was necessary to solve the situation. Only 21 percent of subjects submitted to verbal orders. 7. In 23 percent of the resistings the subject was mentally or emotionally unstable and in 12 percent of the cases there was no opportunity to reason with the subject. In 55 percent of these situations the subject was under the influence of alcohol and/or other drugs. 8. In 68 percent of these resistful situations the officer had to act immediately without the support of backup. 9. Handcuffs were used by the officer in 40 percent of these cases and in 25 percent of these situations the officer was unassisted in applying them. 10. In 83 percent of the resisting cases, the officer would encounter a male, 5' 9", weighing approximately 164 pounds. From the job task analysis and the resisting study, the MLEOTC designed a mandatory training curriculum for police officers in Michigan. The study also revealed that evasive maneuvers for police officers and the use of force in these resistful situa- tions ranked number one and two respectively as the two most critical types of physical activity required of police personnel, because when they occur they are most associated with a high level of criticality, i.e. severe consequences as a result of a failure to per- form (MLEOTC, 1979). 44 Due to the ongoing problem of police officer assaults and police homicides, national statistics have been obtained by the Federal Bureau of Investigation (FBI) since 1960. Annually since that time the FBI has published a document entitled, “Law En- forcement Officers Killed and Assaulted.” This publication illustrates statistics reflec— tive of assaults and deaths of police officers nationally. Normally, thousands of police agencies provide data to the FBI for publication of this document. According to the FBI (1977) from 1962 to 1976 law enforcement officers were more likely to be killed when performing three types of activities; attempting ‘ ‘other” arrests (for crimes excluding robbery and burglary), during robberies, and upon answer- ing disturbance calls. However, by 1977 the FBI reported that disturbance calls ranked as the single most frequent category of felonious deaths of police officers. Figure 1 depicts the major circumstances of the scene where police officers are either assaulted or killed from 1986 to 1990 (FBI, 1990): ARREST CIRCUMSTANCE PERCENTAGE OF OCCURENCE Disturbance calls Arrest situations Handling, transporting and custody of prisoners Investigating suspicious persons and circumstances Traffic pursuits and stops Mentally deranged Civil disorders Ambush 36.0 ’//////////////////////////////////////////////////. 16.3 '401 16.3 0.5 W 0 5 10 15 20 25 30 35 40 - Percent of 287,072 officers assaulted. Percent of 349 officers feloniously killed. 46 Disturbance calls ranked as the number one category for assaults on police officers (36 percent). This category represents calls which include family quarrels, man with a gun, bar fights, etc. (FBI, 1990). Arrest situations ranked as the single most frequent category for police homicides (40 percent) and the number two most frequent category for police assaults (26.8 percent). Arrest situations include: burglaries in progress/pursuing burglary suspects; robberies in progress/pursuing robbery suspects; drug-related matters and attempting other arrests. Handling, transporting and custody of prisoners, traffic pursuits and st0ps, were the next most frequent categories for officer assaults (12 percent). Disturbance calls and investigating suspicious persons and cir- cumstances were both the second (16.3 percent) most frequent category where officers were killed. Both officer assaults and deaths are the result of the officer responding to or intervening in a serious and dangerous type of crime situation. The FBI (1990) also reported that in the past 10 years 61 percent of the incidents resulting in officers’ deaths occurred from 6:01 pm to 6:00 am. Approximately 72 percent of the officer assaults occurred during this same time period. Tuesday was the most common day where officers were killed. Officer patrol was overwhelmingly the assignment where both the officers were killed and assaulted. Over 50 percent of the officers were in one-officer vehicles at the time of their death and/or assault. Over 40 percent of the officer fatalities were recorded in the Southern States. The injury rate in officer assaults in 1990 was 6 injuries per 100 officers, which remained the same as in recent years. In 1990, 794 police officers were assaulted for an average of 17 officers per 100. The 1990 FBI report indicated 82 percent of the assaults on officers were com- mitted with personal weapons (hands, fists, feet, etc.). Of such assaults, 36 percent resulted in injuries. Firearms were used in 5 percent of all assaults, in 29 percent of these attacks officers were injured. Two percent of the officers were attacked with 47 edged weapons, and 29 percent received injuries. Ten percent of the officers were attacked with other dangerous weapons, 43 percent of whom were injured. More disturbing is the number of officers who were killed in the line of duty during 1990. Again, according to FBI statistics (1990), 65 officers were killed, the lowest number since the FBI began recording these figures in 1960. Both arrest and disturbance calls were the most frequent reported situations for violence or resistance against the police. Comparisons for 5- and 10-year periods reveal that the number of officers slain in 1990 decreased 2 percent from the 1986 experience and was down 29 percent from the 1981 total. During 1990, firearms were used in 56 of the 65 slayings (86 percent). More than half of the officers killed by firearms were within 5 feet of the assailant at the time of the attack. Handguns were the murder weapons in 48 of the killings, rifles in 7 and a shotgun in 1. Three officers were shot with their own service weapons, the lowest total during the past decade. The deaths of the remaining officers were either by an edged weapon, beaten or pushed to death or intentionally struck with a boat or vehicle. The study of the circumstances for these assaults has been conducted by the Metro-Dade Police Department, (MDPD) Florida. In order to design job specific training, the MDPD commissioned the Police Foundation to conduct a citizen violence reduction project which lasted for two years (1986 and 1987). The project was designed to observe police-citizen interaction and then to develop training to reduce violence in these contacts; over 2,000 incidents were observed. Fyfe (1989) reported the major findings of the project as it relates to the circumstances of police-citizen contacts and assaults. Fyfe reports that the great majority of contacts studied involved neither vio- lence nor the use of force by police. Attempts to assault officers occurred in 1 of 100 contacts. Assaults were most common when officers attempted to stop suspicious or wanted vehicles (6 percent of high-risk vehicle stops) or when officers encountered subjects at the scene of reported crimes in progress (4 percent). Only 1 in 2,051 48 motorists attacked police physically during routine traffic stops. In only 12 percent of all encounters did police use force greater than firm voice commands and no officer fired any shots during the 877-day observation period. While it is important to identify and discuss the circumstances of the assault/ resistance encountered by the police during citizen arrest contact, it is also worth identi- fying the officer characteristics in these incidents. Bannon (1973) indicates that officer assault victims in police-citizen confrontations were young, educated, male patrol officers with an average of five years or less on the police force. The FBI (1973) reported that nationally, police officers killed in the line of duty were white, male, tall, in their mid twenties and emmoyed as a police officer for an average of five and one- half years. Meyer and others (1986) reported that police officers who were ambushed by citizens were: five-foot-ten inches tall; male, predominately white; 31 years old on the average (50 percent between 25 and 34); overwhelmingly held rank of patrolman (85 percent); and were less experienced officers (approximately 5 years of experience). Chapman (1986) studying police homicides in Oklahoma found officers were: about 41 years old; white; a patrol officer, a native of Oklahoma; seven years of experience; predominately white; and married. In 1990, the FBI reported that officers who were slain in the line of duty served on the average of 10 years as a police officer, 99 percent were male, over 60 percent were over the age of 31, and over 75 percent were white. In comparison to the aforementioned study findings of officer arrest characteris- tics, it is interesting to observe that Croft and Austin’s (1987) study of the characteris- tics of the officer who utilize force are similar. Croft and Austin found officers who use force are more commonly: in their mid thirties, predominately working as a patrol officer; 80 percent were white; 80 percent had some college education and nearly 44 percent had an associate degree or higher; and on the average had approximately eleven years of police experience. 49 A ilt rtriti in li It In an effort to describe the “typica ” police assailant, several studies have been conducted over the years. While a “typica ” profile does not truly exist, some valuable information can be identified concerning the characteristics of police attackers. In general assaults, the perpetrator is in an emotional state, loses control and attacks the officer, or in a situation such as robbery, his main motive is to escape apprehension. Margarita (1980), in her empirical research on assaults and homicides of New York City police officers, concluded that ‘ ‘self protection against concrete danger,” was the most common motivation for both assaults and homicides with “an escape attempt to flee or escape apprehension following the commission of a crime. Creamer and Robin (1968) using national data for the period from 1960 to 1965, described the profile of the offender as one of an armed assailant with previous police contacts and convictions with a median age of 27. Marafioti (1971) described the police homicide offender in New York City as male, usually in his late twenties and usually black. Meyer and others (1986) report assailants who ambush police were totally male, which is consistent with the subculture of violence hypothesis in which assaultive crimes are more common among males (Wolfgang et al., 1969). Meyer also found that the offender was: between age 20 and 29; were 64 percent black contrasted to 36 per- cent who were white; the average height was five-foot-ten inches; 17 percent were either under the influence of alcohol during the ambush or had been drinking prior to the assault. This figure represents a lower percentage than in other police assault situa- tions. Meyer also found only 4 percent of ambush assailants were under the influence of a non-alcoholic drug and they also had a very high unemployment rate. Persons who assault Oklahoma police officers were portrayed by Chapman (1986) as: unemployed males with prior criminal records; predominately white; under 30 years of age; drinking or on drugs at the time of the assault; and burglary was the offense for which most of the police killers had been arrested. Twenty-three suspects 50 were arrested 41 times for this offense. Chapman also reported an analysis of the entire south-central region somewhat inconclusively suggests that data on assailant characteris- tics indicated that police officers are assaulted by individuals who exhibit a wide varia- tion of physical and social attributes. The FBI (1990) reported that police homicide assailants were predominately male (95 percent); 66 percent were white, 33 percent were black and 1 percent were Asian; and over half were under the age of 30. Over 90 percent of the assailants had previous arrests and over 55 percent had a prior conviction. The records indicated that approximately 45 percent of the assailants had previous arrests for crimes of violence; 25 percent for weapons violations and 20 percent for drug-related offenses. Croft and Austin (1987) indicated that the police more commonly used force against citizens between the ages of 16 and 28. Force was used predominately on white males for misdemeanor offenses. Felony charges, violent or otherwise were uncommon as related to the police use of force in this Rochester and Syracuse, New York study during the years of 1984 and 1985. In two independent studies, alcohol was a factor in use of police force situations. Croft (1985) found 80 percent of the citizens were either under the influence or had been drinking prior to the incident and Friedrich (1980) found that 70 percent of the citizens showed signs of drinking or were drunk at the time of the arrest. Assailant characteristics were provided as an additional factor to be considered in these assault situations. While a perfect profile is lacking, these few studies attempt to articulate the comrnonalties of assailants in assaults, ambushes and in incidents where the police use force on citizens. These three areas all parallel one another to some degree. These studies also are somewhat consistent with national figures. According to the 1990 Uniform Crime Reports, law enforcement officers made 14 million arrests, the highest count being for driving under the influence, 1.8 million. Larceny-theft ac- counted for 1.6 million arrests; drug abuse violations accounted for 1.1 million; and 51 simple assault accounted for 1 million arrests. Adult arrests were up 4 percent, while those persons under 18 years of age showed a 5 percent rise. Overall, violent crime arrests were up 12 percent and property crime arrests, 1 percent. Persons in the under 25 age group accounted for 47 percent of arrests in cities; 41 percent of those in the suburban counties, and 40 percent of those in the rural coun- ties. Eighty-two percent of the persons arrested in the nation during 1990 were males and 69 percent were white. Whites accounted for 64 percent of Index Crime arrests, 54 percent of the arrests for violent crimes and 67 percent for property crimes. For the decade, 1981-1990, arrests for all offenses were up 31 percent; Index Crime arrests, 20 percent; violent crime arrests, 45 percent; and property crime arrests, 13 percent. Eastman: Resistance in many police-citizen encounters is a significant factor officers must contend with on a regular basis. Getting an agitated individual to comply with an officer’s verbal direction or efforts of physical control can be problematic in many situations. It is especially difficult in the American culture where individual citizens have a right to contest the legitimate authority of officers and to query officer’s actions in arrest situations. While the citizen may question police authority, physical resistance against a police officer’s arrest functions and duties is not permissible and is a charge- able offense. Four areas of concern were addressed in this section which have provided a review of the professional literature as it currently exists on this subject. The Reiss study (1969) pointed to the fact that understanding the dynamics of police-citizen encounters evolve around the legitimacy of police authority and the citizen’s rejection or acceptance of it. Reiss maintained that officer behavior is closely related to citizen behavior. He found that approximately 50 percent of the arrestees challenged the officer’s authority at least verbally and that in approximately 36 percent of those 52 uncooperative incidents they were charged with drunkenness. Both Westley (1953- 1970) and Toch (1969) found that many, if not most, police-citizen encounters were a manifestation of citizen disrespect and/or a reaction to it by the police. Moreover, the studies of Friedrich (1980), Sykes and Clark (1975), and Croft (1985) not only indicate that the offender antagonizes and challenges the officers’ authority, but also, due to the offenders’ lack of sobriety, provokes the use of force by the officer. Intoxication was a critical factor as well in the Riess and Toch study as it relates to citizen resistance. Toch (1969) also provided useful information in observing the sequential steps involved in a citizen-police encounter. In 50 percent of the cases, the citizen usually reacts to the verbal approach by the officer. These studies are useful in analyzing the dynamics of the police-citizen encounter. They can assist in enhancing police officers’ approach to various citizen-police confrontational incidents. The second and third sections provided an analysis of the violence and assault potential in police work. While various levels of resistance during an arrest carries a significant potential to the officer, the potential for the resistance to escalate into violent behavior is also prevalent. Whether police work has become more dangerous over the past few years is debatable by many commentators. However, according to FBI (1990) reports, assaults on officers in arrest and disturbance related circumstances is signifi- cantly high and has been so for a five-year period. Violent arrest rates are up and the potential for low level citizen resistance to escalate to an assault on an officer is a significant factor for officers to be concerned about. Margarita (1980) views violence against police as a special subset of violence which is tailored to the specifics of police work. She also found that the, “protection against danger,” factor associated with fear on the part of the offender, was a key motivating factor in assaults and homicidal attacks against the police. Kieselhorst (1974) found that the causes of police assaults are tied to the factors related to the police function in society, social-cultural factors and police personnel functions. 53 The final section provided an analysis of the police assailant as depicted in a few related studies. The police assailant was likely to be young, male, of average height and build, many had a previous arrest record and over half had a prior conviction (Chapman, 1986; Meyer, 1986 and FBI, 1990). The FBI reported that approximately 45 percent of the assailants had previous arrests for crimes of violence which is supported by current arrest statistics as reported in the Uniform Crime Reports (1990). Despite the various studies’ lack of specific information related to the types and levels of resistance encountered by the police, which this study purports to investigate, the magnitude of the problems officers face can certainly be acknowledged. While officers may not be physical victims in every resistance situation, the potential for offender physical assault is prevalent. These studies assist in developing a starting point. The research which is to follow will support prior past studies and will also provide new and additional knowledge relative to the types of resistance most com- monly experienced by police officers in arrest situations. CHAPTER III RESEARCH IVIETHODOLOGY The primary purpose of this study is to research citizen and police encounters during arrest to learn more about the nature of resistings officers face when performing arrest functions. Empirical knowledge is needed to update police officers in occupa- tional hazard reduction, identifying more accurately the levels and types of suspect resistings for proper use of force decision-making, enhanced suspect profiling and information which can expand training and instructional curriculum. W The population of this study was police officers from a variety of law enforce- ment agencies from across the United States. The PPCT organization has Instructor Trainers and Basic Instructors in various police agencies throughout the United States and several foreign countries. Twenty-five police agencies in the United States where these instructors are employed were sampled for their participation in the study. A sampling of municipality, county sheriff departments and one state police agency was identified for selection in the research. Desieufthesuulx Survey research was used to collect, compare and describe data from the popu- lation. According to Fitzgerald and Cox (1987), survey research is ideally suited to study naturally occurring phenomena. The formatting of the instrument, the response 54 55 technique, the cover letter and system used followed the, “total design” method recommended again by Fitzgerald and Cox. The 8 1/2" x 11" instrument contains four pages, one page of instructions and three pages to record resistful incident information. The instrument was placed within a three-hole cover binder designed to appeal to participants in the police field. As well, the binder kept the instrument forms together for protection and to guard against 1033. Inside the booklet, the first page provides the participants with a brief and carefully worded set of instructions. Each level of resisting that was to be coded was defined and examples cited which illustrated the respective resistance level. The instructional page explained where to keep the booklet and a note of appreciation. The instructional page also contained the researcher’s telephone number in the event that participants had questions during the research period. Each of the pages were sequentially num- bered for easy reference. Instructions for returning the completed instrument, along with the return address were located on the cover letter and the instrument instruction page as well. Particular attention was paid to the instrument format and appearance of all correspondence sent to study participants. Every effort was made to create a profes- sional image in order to elicit maximum response. The official letterhead stationary and envelopes of Ferris State University were used for all correspondence. Participants were informed that the instrument would take less than five minutes to complete. muse; Each instrument booklet was accompanied by a cover letter which addressed the background of the study, the importance of the participant to the study, the confidenti- ality of the participant, the usefulness of the study and directions for obtaining assis- tance if the participant had any questions during the research period (Appendix A). Participants were informed that participation was strictly voluntary but that they would 56 be sent a detailed copy of the results of the study if they participated. Each participant was informed that PPCT was sponsoring the research through a grant. The development of the cover letter followed the recommendation of Fitzgerald and Cox (1987). Inauguration Due to the limited research in this subject area and virtually no survey instru- ments designed to capture the data needed to analyze resistful incidents in police work, a W (SR1) was constructed (Appendix B). The instrument was developed along the standards recommended by Fitzgerald and Cox (1987) for studies conducted in criminal justice. The SR1 was constructed after the fixed-alternative model of instruments. This allows for participants’ easy access to instrument responses and allows them to readily check off the appropriate response. Five areas were constructed to solicit data concerning the police officer-citizen resistance encounter. These five areas include: 1. Selected police officer demographics and injuries sustained as a result of the situation. 2. The circumstances of the police contact. 3. Temporal factors effecting the incident. 4. Selected attributes of the resisting citizen and identification of specific injuries sustained in the incident. 5. Levels/types of citizen resistive behavior which was taken from the PPCT Force Continuum. In order to accurately analyze the resistive relationships which exist during the police-citizen arrest encounter six generic levels/types of possible resistance have been designed. These six levels of resistance were designed by Mr. Bruce Siddle (PPCT Executive Director, 1984) to aid officers in making defenseable decisions when a use of 57 force situation is encountered by the police. Police officers have been trained in each level of resistance to their specific definitions in order to justify their legitimate use of force. However, while these resistance levels have specific definitions, the perception of the officer still carries significant weight is determining whether a given resistance behavior is being demonstrated by the citizen. Explanation of each level of resistance is provided below and relates to subject area item 5 described previously which was included in the SR1. MW 1. Psychological Intimidation: The citizen’s nonverbal cues indicating the suspect’s attitude, appearance, body language and signs of physical readiness. Verbal Non-Compliance: Verbal expressions/responses indicating the suspect’s unwillingness to comply with the officer’s commands. Passive Resistance: Physical actions that do not prevent the officer's attempt of control. Defensive Resistance: Physical actions which attempt to prevent the officer’s control, but never with the intent to harm the officer. Active Aggression: Physical actions of assault with intentions of the individual to harm the officer physically. Aggravated Active Aggression: This type refers to deadly force CDCODDICI' S. Identifying the occurence of these types of citizen resistance are at the heart of this study. Measurement of their frequency of occurrence and determining what rela- tionships exist between their likelihood of occurring and under what circumstances they are most likely to be exhibited is critical to the outcome of this research. 58 Researchpmation Because police agencies’ philosophies vary from region to region, agency forms and documents also vary. To ask specific police agencies to examine arrest incidents in past years or months would be quite useless as a significant number do not routinely collect or code data relative to resistings. To ask police agencies to assign manpower to pull back cases of resisting incidents to complete a survey would be pointless as well. Therefore, the SR1 was constructed to capture those incidents where officers experi- enced resistful behavior from citizens during a six-month period. This research was designed to capture the changing nature of citizen resistful behavior during an arrest, based on the perception of the officers encountering citizen resistance. In order to obtain a complete analysis of these incidents a period of six months was used. The reporting period commenced on February 15, 1991 and ended on August 15, 1991. Information from arrest reports were utilized in capturing the necessary data for this study. Participating agencies were instructed that during the six- month study period as each officer completed their agency arrest report form on the resisting incident, to then complete the SR1. One specified individual from the report- ing/participating agency was responsible for recording the data from the arrest report to the SR1. All SRI's were kept at the reporting agency until the end of the reporting period, at which time the documents were sent to the researcher. PilLtSmdx Prior to conducting a formal pilot study, the SR1 and cover letter were reviewed by the Director of Testing at Ferris State University, several members of the faculty at Ferris State University and staff personnel at the Michigan Law Enforcement Training Council. Several changes and corrections were recommended and subsequently incor- porated into the instrument: 1) the rearrangement of instrument response factors, 2) instructions on the instruction page were rewritten and streamlined, 3) examples and 59 illustrations of level of resistance were added to the definitions, and 4) addition of several options in the circumstance of incident section of the inventory. In accordance with the recommendations of Fitzgerald and Cox (1987) the formal pilot study of the instrument itself was conducted with local police agencies. Minor modifications were made prior to the printing and distribution of the instrument. W Twenty-five different police agencies were mailed survey instruments along with the cover letter on January 22, 1991. Telephone calls were made to several of the agencies requesting their participation prior to the mailing. In total, 17 police agencies representing 12 municipalities, 4 county sheriff departments and 1 state police agency, participated in the study encompassing several regions of the United States. 5..” . As each agency returned their completed survey instrument they were separated into three police group types: municipality, county sheriff department and State Police. A three-digit number was assigned to the package of returned instruments for identifica- tion purposes. Further, a four-digit number was assigned to the package of survey instruments to identify the specific reporting police agency. Each survey instrument was visually inspected and checked for errors and/or completeness of the instrument itself. The responses from each survey were entered into a personal computer database program, PCWrite. Each response on the survey instrument was assigned a number and each item alternative was assigned a row for identification purposes. A data export layout was configured by utilizing the ASCII File Format for each survey instrument. Once the data from each survey was coded into the PCWrite data base, the operator uploaded it to the computer mainframe at Ferris State University, an 60 IBM3083JX3. A statistical package was written for this particular research based on the specific research questions. Data entered into the PCWrite format was uploaded to the SPSS-X software system for analysis. W The study is designed to analyze the nature of citizen-resistings during police contact. Analysis of the data is based on descriptive statistics as well as inferential statistics. Fourteen research questions have been developed to analyze these incidents. Research questions and five with hypotheses are as follows: Research Question 1 What are the selected officer demographics of the officers involved in these resisting encounters? Research Question 2 What type of injuries do officers sustain as a result of these resistive incidents? Research Question 3 What is the most common type of assignment the officer is assigned to during these resistful situations? Research Question 4 What are the most common types of arrest circumstances officers encounter citizen resistance? Research Question 5 What are the most common types/levels of citizen behavior or resistance demonstrated by the citizen in these resistful encounters? Research Question 6 What are the most common types of weapons used by citizens against police officers in these incidents? 61 Research Question 7 What are the temporal patterns of these citizen resistance situations? Research Question 8 What are the selected citizen profile characteristics associated with these resisting encounters? Research Question 9 What types of injuries does the citizen sustain as a result of these incidents? Research Question 10 What relationship exists between the nature of the arrest circumstance and the type of citizen resistive behavior during police arrest? 110: There is no relationship between the type of arrest circumstance and citizen resistance/behavior. Research Question 11 What relationship exists between the number of officers on the arrest scene and the number of citizens involved in the incident? H0: There is no relationship between the number of officers on the arrest scene and the number of citizens at the incident. Research Question 12 Does a relationship exist between the level of citizen resistance and those citizens who are under the influence of alcohol? 110: There is no difference between the type of citizen resistance and those citizens who are under the influence of alcohol. Research Question 13 Does a relationship exist between the types of citizen resistance and those citizens who are under the influence of a chemical substance? Ho: There is no relationship between the types levels of citizen resistance and citizens who are under the influence of a chemical substance. 62 Research Question 14 Is there a relationship between the type of assignment the officer is working and the types of citizen resistance encountered? Ho: There is no relationship between the officer’s assignment and the level of citizen resistance. In order to determine the impact citizen resistance has on police arrest situations a number of variables need to be analyzed. Attempting to examine all of them as they relate to resistance can be difficult if not done properly. The purpose of the research is to identify salient factors prevalent in resistful encounters and to determine if any relationships exists with any certainty. Therefore, to accomplish the above and to answer the fourteen previously stated research questions two methods of analysis were employed: a descriptive analysis of the first nine research questions and Pearson’s product-moment correlation coefficients, for the remaining research questions was employed. Accompanying the correlational analysis, cross tabulations was utilized. The first nine questions of this research lend themselves to descriptive data analysis. Frequency of resistive occurrence and percentage of occurrences are important to document in order for the nature of these resistful situations to be better understood. The first nine research questions seek to measure interval-related variables about the police-citizen arrest encounter. Hence, various different types of information on the distributional characteristics of a variable will be obtained. One-way frequency distri- bution tables was utilized to display the findings of the data. The mean is reported where appropriate. The second type of statistical analysis involves the use of Pearson’s product- moment correlation. The remaining five research questions and their hypotheses are structured to measure relationships between variables of the police-citizen arrest situa- tion and the various resistance levels from the PPCT Force Continuum. Correlational 63 analysis, particularly Pearson’s, is used to measure the strength of relationships between two interval-level variables. In other words, in determining the strength of relationship between variables, the value of one variable can be estimated on the basis of knowledge of the other variable. Interval-level variables were generated as a result of this study. A correlation is a relation (Kerlinger, 1973). Correlation examines the relation between sets of ordered pairs or variables. This study is designed to analyze whether relationships exist between citizen resistance types and other related variables of the arrest situation. To determine whether these relationships exist, questions such as the following must be answered: What is the nature of the relation? What is its direction? What is its magnitude? Do the variables show any systematic relations? The design of this study attempts to show how one variable (resistance) relates to another (arrest variables). A coefficient of correlation is an index of the direction and magnitude of a relation (Pilcher, 1990). Correlation statistics are used to determine the degree and direction of relatedness between any two interval or ratio variables. The range of the correlation statistic is from -1.00 to +1.00. The closer the value is to the absolute value of 1.0 (either positive or negative), the greater the degree of relatedness. The direction of the relationship can be either positive or negative. Shoe size and height, for example, are positively correlated: as the variable (height) increases, so also does the other (shoe size). When two variables are negatively correlated, an increase in the first is related to a decrease in the second. Hence a positive relationship can exist or an inverse relation- ship can exist between two variables. Pearson’s product-moment correlation coefficient is selected for data analysis in this study, as it is designed to explore interval phenomenon, in order to determine what relationship or correlation exsists between two variables. The association between variables is important as it relates to the strength or weakness of the variable relation- ship and therefore the focus is on the correlation coefficient. The design of this study 64 (interval data) is readily available for this type of common statistical analysis as the research questions focus on targeting the relationship between citizen resistance types and selected police arrest variables. Utilizing Pearson’s product-moment correlation produces a picture of the rela- tionship of two variables. These correlation coefficients indicate the degree to which variation (or change) in one variable is related to variation (change) in another. A correlation coefficient not only summarizes the strength of association between a pair of variables, but also provides an easy means for comparing the strength of relationship between one pair of variables and a different pair. The objective of correlation analysis is to determine the extent to which varia- tion in one variable is linked to variation in the other (concomitant variation). To calculate the”linkage” or correlation coefficient between two variables, when utilizing Pearson’s product-moment correlation, a significance level (value) of .05 is taken to mean that there is a “statistically significant” relationship between a pair of variables. A significant correlation does not necessarily imply a strong correlation, but it does indicate that the correlation is a reliable one and, therefore, is probably not due solely to chance. 8mm The study investigates the nature of citizen resistance during police arrest situa- tions. The study is being conducted to update police officers faced with these encoun- ters and to update police training curriculum. The population of this six-month study involves both PPCT Instructor Trainers and Basic Instructors from 17 law enforcement agencies from across the United States. Respondents were to asked complete a three page instrument when agency officers encountered resistance during arrest. 65 The research is based on 14 research questions regarding the nature of resisting situations. Nine research questions were analyzed by using descriptive statistics. The remaining five questions and their hypothesis were analyzed by using Pearson’s prod- uct-moment correlation coefficient. The data was analyzed at the Ferris State Univer- sity Testing and Assessment Center. CHAPTER IV ANALYSIS OF THE DATA The primary purpose of this study was to analyze the various types of citizen resistance police officers encounter during arrest situations. Research specific to the varying types of citizen resistance is needed to update police in order for enhanced decision-making in the proper use of force and to provide current information in this area so that both recruit and in-service PPCT police training curriculum can be devel- oped. The methodology used in the study was described in Chapter HI. WW ‘ ‘Subject Resisting Inventories’ ’ (SR1) were mailed to twenty-five different law enforcement agencies throughout the United States. The PPCT use of force training curriculum is virtually utilized in hundreds of law enforcement agencies throughout the United States. Instructor Trainers and Basic Instructors, certified by PPCT, who are employed by these law enforcement agencies, were targeted for their participation in this study. The sample population of this study are law enforcement officers from these agencies. Of the twenty-five SRI’s which were distributed, 17 agencies voluntarily agreed to participate in the study, a response rate of 68 percent. Agencies participating in the study ranged from 12 municipal police agencies, 4 county sheriff departments and 1 state police agency. The six month study, which was conducted from February 15, 1991, to August 15, 1991, yielded 567 incidents of reported citizen resistance. Of the 567 incidents, 486 were from municipalities, 12 from county sheriff’s departments, and 69 from the state police agency. The sample population represents law enforcement 66 67 agencies from varying regions throughout the United States. The participating agencies were grouped together according to their close regional proximity into one of five regions. One to four agencies were placed into a specific region. Participating agencies of this study are illustrated by region in Table 2. Region . West Colorado Nebraska Kansas . Ema Missouri Minnesota . mam Michigan Ohio Indiana . Scum Louisiana Florida . Egrthggfit Rhode Island Nambar af Insiggntg 180 42 165 156 24 N=567 Pgrggntaga 32% 7% 29% 28% 4% 100% 69 Rasgargh Qagstiong and Hypothgsis What are the various types or levels of citizen resistance encountered by the police in arrest situations? Moreover, under what circumstances do these types of resistance occur? To answer these questions and more, fourteen research questions and five with hypotheses, were tested using the SR1. The research questions are as follows: Research Question 1 What are the selected officer demographics of those officers who are involved in citizen resistance encounters? Research Question 2 What type of injuries do officers sustain as a result of these resistive incidents? Research Question 3 What is the most common type of assignment the officer is assigned to during these resistful situations? Research Question 4 What are the most common types of arrest circumstances officers encounter citizen resistance? Research Question 5 What are the most common types/levels of citizen behavior or resistance demon- strated by the citizen in these resistful encounters? Research Question 6 What are the most common types of weapons used by citizens against police officers in these incidents? Research Question 7 What are the temporal patterns of these citizen resistance situations? Research Question 8 What are the selected citizen profile characteristics associated with these resist- ing encounters? 70 Research Question 9 What types of injuries does the citizen sustain as a result of these incidents? Research Question 10 What relationship exists between the nature of the arrest circumstance and the type of citizen resistive behavior during police arrest? H0: There is no relationship between the types of circumstance and citizen resistance/behavior. Research Question 11 What relationship exists between the number of officers on the arrest scene and the number of citizens involved in the incident? 110: There is no relationship between the number of officers on the arrest scene and the number of citizens at the incident. Research Question 12 Does a relationship exist between the level of citizen resistance and those citi- zens who are under the influence of alcohol? Ho: There is no difference between the type of citizen resistance and those citizens who are under the influence of alcohol. Research Question 13 Does a relationship exist between the types of citizen resistance and those citi- zens who are under the influence of a chemical substance? Ho: There is no relationship between the types of citizen resistance and citizens who are under the influence of a chemical substance. Research Question 14 Is there a relationship between the type of assignment the officer is working and the type of citizen resistance encountered? 110: There is no relationship between the officer’s assignment and the level of citizen resistance. 71 The first nine questions were examined by using descriptive analysis. These research questions are presented in discussion and table form by identifying percentages and frequencies. Questions ten through fourteen were analyzed by using cross-tabula- tions and Pearson’s product-moment correlation coefficient. These five questions and their respective hypotheses were tested for significance at the .05 level. Analysis of Raggargh Qaastions Research Question 1 What are the selected officer demographics of the officers involved in citizen resistance encounters? Selected demographics were identified of the officers who encountered citizen resistance during arrest. In an attempt to keep the SR1 brief and less cumbersome to complete by the participants, only three background areas were to be identified by the participating agency: race, sex and work experience of the officer. Selected officer demographics are indicated in Table 3. Additionally selected demographics of the total number of officers potentially involved in a resistance situation, up to including four officers are indicated in Table 3. m #1 _ #2 #3 #4 White 84.0% 78.0% 75.0% 80.0% Black 13.0% 18.0% 20.0% 19.0% Hispanic 2.0% 2.0% 3.0% 1.0% Cuban .5% 1.0% 1.0% 0 Asian .5% 1.0% 1.0% 0 SEX Male 95.0% 91.0% 94.0% 95 .0% Female 5.0% 9.0% 6.0% 5.0% (n=3 62) (11:47 1) (n=118) (n-ss) POLICE EXPERIENCE wens Y 'X' Y Y (N-567 Total Incidents) 7.78 7.42 8.5 7.27 As shown in Table 3, the majority of officers involved in citizen resistance situations are predominately white, male and have approximately 7 years work experi- ence as a police officer. Research Question 2 What type of injuries do officers sustain as a result of these resistive incidents? To ascertain the likelihood and type of injury officers sustain in these resistful situations, a variety of possible injuries were identified for the participant to record. In a majority of these situations, police officers do not incur any type of injury. As shown in Table 4, the data illustrate the various types of injuries officers sustain during resist- ing situations. Injuries are identified for as many as up to four officers who potentially may respond to the situation. IN Y TYPE #1 #2 #3 #4 Bruises, scratches and abrasions 12.2% 7.2% 1.4% 1.1% Cuts 3.5% 2.3% .2% .2% Broken bones/teeth .9% .4% .2% 0 Loss of consciousness .2% 0 0 0 Gunshot wound .4% .2% .2% .2% Sprain/dislocation 3.0% .5% .2% .5% Burns .2% 0 0 0 Back injury 10.0% 7.2% 0 0 Knee injury .9% .4% 0 0 Bitten .5% .5% 0 0 Other 2.0% .5% 0 0 No injury 66.2% 80.8% 98% 98% (n=362) (n=471) (n=l81) (n=55) Required medical treatment 8.1% 7.0% 3.0% 2.0% Days hospitalized 1% up to .5% up to .5% up to 3 days 2 days 2 days (N=567 Total Incidents) As shown in Table 4, officers one and two receive more injuries than other officers involved. Bruises, scratches and abrasions are the more common forms of injuries officers sustain. Back injuries for both officers one and two were the most severe injuries incurred. However, gunshot wounds were the most critical injuries sustained by officers requiring medical treatment and limited hospitalization. In total five officers were shot during the study period, 2 with their own service weapon and 3 with the citizen’s firearm. The participating police agencies did not report any officer deaths during this study. The number of officers responding to an incident equalled more than 567 as the number of potential responding officers ranged from one to four officers per incident. 74 Research Question 3 What is the most common type of assignment the officer is assigned to during these resistful situations? Five different officer assignments were listed on the SR1 for identification during citizen resisting situations. As shown in Table 5, the data illustrate the various type of assignments police are working during the resistful encounter. FFI R I NMENT #1 #2 #3 #4 Uniform patrol 83.1% 85.0% 86.0% 88.0% Non-uniform patrol 2.2% 1.4% 3.0% 3.0% Special response team 5.5% 4.0% 4.0% 5.0% Investigator 4.8% 4.0% 4.0% 4.0% Patrol supervisor 4.4% 3.0% 4.0% 2.0% (n-362) (P471) (n=118) (n=55) (N = 567 Total Incidents) As shown in Table 5, the uniform patrol officer is the primary assignment in which police officers encounter citizen resistance. The patrol function is a large share of what police work is about. Special Response Teams, which are primarily designed to handle crisis situations such as hostage taking, standoffs or drug raids, is the second most common assignment where resistance is incurred, although only on a small scale. The assignment of patrol supervisor incurs limited amounts of resistance. Non-uniform patrol, mainly undercover or surveillance type of work, is the assignment least likely to encounter citizen resistance. The number of responding officers equalled more than 567 as the number of potential responding officers ranged from one to four officers per incident. 75 A summary of the first three research questions reveals that officers who are most likely to encounter any type of resistance from citizens are: 1. white; 2. male; 3. in police work for approximately 7 years; 4. predominately assigned to uniform patrol work; and 5. not normally injured as a result of the resisting encounter. Research Question 4 What are the most common types of circumstances officers encounter citizen resistance? One of the central objectives of this research is to obtain information relative to this question. Police officers contact a variety of citizens daily for assorted reasons. Are there common types of circumstances that frequently pose problems or enhance the type of resistance behavior citizens exhibit against officers? The data presented in Figure 2 indicate the most common types of circumstances in which police encounter resistance during a citizen contact. CIRCUMSTAN CE PERCENTAGE OF OCCURENCE EFFECT A MISDEMEANOR ARREST DISTURBANCE CALL TRAFFIC STOP EFFECT A FELONY ARREST INVESTIGATE SUSPICIOUS PERSON/CIRCUMSTANCE OTHER MENTALLY DERANGED HANDLING, TRANSPORTING AND CUSTODY OF PRISONER CIVIL DISORDER AMBUSH 7% (N=567 Total Incidents) 5 10 15 20 25 30 35 40 Effecting a misdemeanor arrest (i.e. disorderly person, traffic violation, etc.) is the most common type of circumstance where patrol officers encounter resistance based on the findings of this study. Combining both misdemeanors and felony arrests (i.e. burglary, armed robbery, etc.) attribute for over a third (39%) of the resistance officers face during a citizen contact. Disturbance calls which can involve bar fights, family quarrels, man with a gun, etc., account for the second most likely circumstance in which officers may face resistive behavior from the citizen. Other circumstances account for a small percentage of the occurrences officers encounter resistance, this would include but is not limited to lock-up/jail escapes, field interview, etc. During the reporting period there were no officers ambushed. 77 Research Question 5 What are the most common types/levels of citizen behavior or resistance demon- strated by the citizen in these resistful encounters? Research question five is another critical question to this research. Not only are the common circumstances in which police encounter resistance important to the overall study, but the levels or types of citizen resistful behavior are equally important. The various types of resistive behavior police encounter during citizen contact is shown in Figure 3. These levels or types of resistance are based on the PPCT Force Continuum as citizen behavior perceived by the officer. RESI TAN TYPE PSYCHOLOGICAL INTIMIDATION VERBAL NON-COMPLIANCE PASSIVE RESISTANCE DEFENSIVE RESISTANCE ACTIVE AGGRESSION AGGRAVATED ACTIVE AGGRESSION (N=567 Total Incidents) O 10 2O 30 40 50 60 70 79 In order to better comprehend the types of citizen resistful behavior as identified in Figure 3, brief definitions of each are provided: 1. Psychological Intimidation - Non verbal behavior on the part of the citizen which indicates a physical readiness. This could include the citizen pound- ing fists together or arms folded across the chest. 2. Verbal Non-Compliance - Verbal responses indicating an unwillingness to cooperate with the officer. This could involve threats, profanity and non- compliant verbal responses. 3. Passive Resistance - Physical actions which do not prevent an officer’s attempt of control. This could be demonstrated through actions of protest or demonstrators. It may also include individuals who will not exit their vehicle when ordered to do so during a traffic stop. 4. Defensive Resistance - Physical actions which attempt to prevent the officer’s control, but never attempts to harm the officer. This could be illustrated by a citizen trying to twist or pull away from an officers grip during an escort from a building to the squad car. 5. Active Aggression - Physical actions of assault. Some examples would include citizen punching, kicking, or slapping an officer. 6. Aggravated Active Aggression - Deadly force encounters. Subjects may use some type of weapon (physical or personal) in attempt to severely injure or kill the officer. Data presented in Figure 3 indicate Defensive Resistance situations are common encounters in which officers will face citizen resistance. Wrestling, running and twisting away from the officer accounted for 61 percent of this type of resistance. Resistance during handcuffing accounted for 33 percent of resistance which fell under the heading of Defensive Resistance. Active aggression encounters comprise another highly likely situation in whichofficers face physical assault on their person. As shown 80 in Figure 3, officers are likely to face a combination of various types of resistive behav- ior by a citizen in police contacts as opposed to one single type of resistance. Slightly under 50 percent of the encounters police can expect verbal non-compliance followed by a high percentage of Defensive Resistance and/or Active Aggression which is likely to occur in one resisting incident. In 25 percent of these encounters police are likely to face Psychological Intimidation along with other types of resistance. Aggravated Active Aggression is the most serious type of resistance, but accounts for only 7 percent of the total types of citizen resistance. The SR1 revealed various physical forms of Active Aggression officers faced during citizen contact. The variety of physical assaults officer incurred during this study are presented in Figure 4. PHYSICAL FORMS PUNCH KICK SLAP HEADBUTT DISARM (N=567 Total Incidents) As shown in Figure 4, officers are more likely to encounter physical forms of resistance. Punching an officer occurs in approximately 25 percent of the arrest situa- tions. Citizen resistance demonstrated by kicking occurred in approximately 23 percent 81 of the incidents. While disarming an officer is uncommon (2.3 percent), it has critical dimensions associated with it. Research Question 6 What are the most common types of weapons used by citizens against police officers in these physical confrontations? Citizens who display resistive behavior during arrest are more prone to use personal weapons against an officer, as previously shown by the data in Figure 4. Weapons of assault in which death or serious bodily injury are likely to result occurred in 43 resisting incidents or 7 percent of the total resistful situations. The types of weap- ons used against officers as reported in this study are illustrated in Table 6. WEAPQN TYPE PERCENTAGE W3 Edged weapon 2.1% 12 Firearm 1.6% 9 Officer‘s firearm .7% 4 Club .5% 3 Officer's baton .2% 1 Choking the officer .2% 1 Other 2.3% 13 (N=567 Total Incidents) n=43 Research Question 7 What are the temporal patterns of these citizen resistance situations? Three factors were selected to document the temporal patterns of these incidents; month of the year, day of the week and time of the day. As shown in Figure 5, the weekend represents nearly one-third of the citizen resistings (32.3 percent). Combining 82 Friday to the weekend period accounts for nearly half of the resisting incidents (47 percent). While the weekend represents the most frequent period likely for resistance occurrences, there is only a 4.2 percent differential between the most reported day of resistance, Saturday (16.6 percent), and Tuesday (12.4 percent), the least most frequent day where resistance occurs. 25 20 15.7 16'6 15 13.9 14.9 13.6 12.4 129 10 5 0 SUN MON TUES WED THUR FRI SAT DAY ormEWEEx (N=5 67 Total Incidents) The data presented in Figure 6 represents the likelihood of resistings during the specific month of the year. The study was conducted during a six month period, com- mencing on February 15, 1991, and ending August 15, 1991. As reported in this study, March is the most frequent reported month for citizen resisting incidents. March was closely followed by July by five incidents (.8 percent). The least likely month for citizen resistings to occur was the month of April, which accounted for 12 percent of the situations. A 5.3 percent differential separated the most frequent month of resistance 83 occurrences (March, 17.6 percent) and the least reported month (April, 12.3 percent). The months of February and May paralleled one another for the percentage of occur- rence at 13.6 percent. PERCENTAGE OF INCIDENT OCCURENCE 25 20 17.6 16.8 13.6 12.3 13.6 13.2 12.9 FEB MAR APR MAY JUNE JULY AUG MONTH or 11112 ma (N=567 Total Incidents) The time of day represents the third factor in the temporal patterns reported in this study. As shown in Figure 7, the period from 6:00 pm. to 12:00 am. (48 percent) was the most likely time period for resistance to occur. The least likely time period for police officers to encounter citizen resistance is the period between 6:00 am. to 12:00 pm. (8 percent). 12:00 a.m. to 6:00 a.m. to 12:00 pm. to 6:00 pm. to 6:00 a.m. 12:00 pm. 6:00 pm. 12:00 a.m. TIMEPERIOD (N=567 Total Incidents) Research Question 8 What are the selected citizen profile characteristics associated with these resist- ing encounters? Officers encounter a variety of individuals daily in the course of performing their duties. This question is directed toward determining whether there are commonal- ties in the type of individuals police contact and who offer resistance during arrest. Selected citizen demographics were collected to ascertain the common attributes of citizens who resisted police arrest efforts. These selected citizen demographics include: age, height, weight, sex, race, alcohol or drug influence and mental illness. Selected citizen demographics data are presented in Table 7, including data from one subject up to including the potential of four subjects. 85 SELECTED 311mm m1 AGE 25 HEIGHT 5' 1 1" WEIGHT 174 SEX Male 87.7% Female 12.3% RACE White 5 1 .0% Black 42.5% Hispanic 5.3% American Indian 1.0% Asian .2% INTOXICATED Alcohol Influence 55.3% Suspected Alcohol 21.8% Chemical Drug Influence 6.3% Suspected Chemical Drug 8. 1% NO INTOXICATION 9.5% MENTALLY DERANGED 7.1% (n=510) (N=567 Total Incidents) 6' 0" 172 94.6% 5.4% 49.3% 43.2% 5.4% 1.8% .3% 40.5% 18.1% 4.1% 3.5% 33.8% .5% (n=43) 6| 1" 181 96.7% 3.3% 58.8% 41.2% 00 32.3% 11.3% 3.1% 2.5% 50.8% (P7) 6' 0" 174 98.1% 2.9% 60.3% 39.7% 00 25.8% 9.2% 2.5% 1.5% 61.8% (P7) 86 As shown in Table 7, a citizen who is under the influence of alcohol and/or a chemical drug is associated with resistance, particularly when the officer encounters at least one citizen. In over two-thirds of the situations police officers will encounter at least one subject, who is under or suspected under the influence of a drug (including alcohol). As the officer encounters situations where two to four subjects are involved, the likelihood of being under or suspected of being under the influence of a drug de- creases significantly. As shown in Table 7, the frequency of resistings demonstrated by the race of the subject was not significant. White citizens only slightly were reported more frequently to offer resistance during police contact than black citizens. Moreover, data in Table 7 indicate that police can expect a higher number of encounters where younger males will resist police arrest than females. Police will encounter a mentally disturbed individual in less than 10 percent of the situations. As shown in Table 7 the officer is likely to encounter resistance from a citizen who is: 1. Predominately male; 2. Under the influence or suspected to be under the influence of a drug in a majority of the situations; 3. Approximately 22 years of age; 4. Approximately 175 pounds in weight; and 5. Will be approximately 6 feet tall. Research Question 9 What types of injuries does the citizen sustain as a result of these incidents? To identify the likelihood and type of injury citizens sustain in these resistful situations, a variety of possible injuries were identified. In a high number of these resistful situations citizens do not incur any type of injury. As shown in Table 8 the data illustrate the various types of injuries citizens incur during resisting police arrest. 87 Injuries are identified for as many as up to two citizens who potentially may be involved in the encounter. Data was not analyzed for more than two citizens due to underreporting. w m 2 Bruises, scratches and abrasions 16.4% 1.0% Cuts 6.9% .6% Broken bones/teeth .7% 0 Loss of consciousness .7% 0 Gunshot wound 0 0 Sprain/dislocation 1 .0% .5% Back injury .5% 0 Knee injury .5% .8% Internal injury 0 0 Other 5.5% 0 No injury 67.8% 97.1% (n=510) (n=43) Required medical treatment 13.8% .5% Days hospitalized 1% up to 3 days 0 As shown in Table 8 approximately two-thirds of the resistful citizens do not sustain any type of injury. The injuries that are sustained by citizens are minor in nature which only require limited medical attention and/or limited hospitalization. The com- mon types of injuries citizens sustain are bruises, abrasions and cuts. Research Question 10 What relationship exists between the nature of the arrest circumstance and the type of citizen resistive behavior during police arrest? 88 Hypothesis 10:1 There is no relationship between the types of arrest cir- cumstances and citizen resistance/behavior. The null hypothesis which seeks to measure the relationship between the type of circumstance and the type of citizen resistive behavior was tested by using Pearson’s product-moment correlation coefficient. The statistical analysis is a precise measure to examine the correlations of two variables. Its value is such as to indicate both the direction (positive or negative) and the strength of the correlation between two vari- ables. Statistical significance of the variables analyzed was tested at the .05 alpha level. Shaded areas in each table denote significant correlations. Nine various but common arrest circumstances were identified on the SR1 for participants to complete when officers were faced with resistive behavior. A brief definition of each type of arrest circumstance is provided: 1. Misdemeanor Arrest: Generally includes offenses punishable by fines or confinement in a county jail up to a year. Some examples would include; assaults, shoplifting, drunk and disorderly and traffic violation. Felony Arrest: Offenses of a more severe nature which include punishment of a fine, probation or confinement of a year or more in state/federal prison system. Offenses can include murder, robbery, breaking and entering, theft, drug related matters, etc. . Disturbance Call: Police response to bar fights, man with a gun, distur- bance in a neighborhood or family quarrel. Civil Disorder: Police response to mass disobedience, such as demonstra- tors, marchers, protesters, riots, etc. . Handling, Transporting and Custody of Prisoners: Examples could include police transporting a citizen after arrest, transporting a prisoner to court, to jail, to a hospital and/or to prison. 89 6. Investigating Suspicious Persons/Circumstances: Police response to further investigate calls of prowlers, abandoned vehicles, buildings and/or individuals roaming in and out of neighborhoods or proprietary establish- ments. 7. Ambush Situations: Police contact with citizens who have entrapped an officer for assault purposes, premeditated an attack on an officer or an unprovoked attack on an officer. 8. Mentally Deranged: Police response to an individual who is displaying psychological and/or emotional problems. 9. Traffic Stop: Police contact of a citizen(s) who have violated traffic laws with their vehicle. As shown in Table 9 both positive and negative correlations between misde- meanor arrest circumstance and citizen resistance type are indicated. I MisdemeanorOccuned I I No Misdemeanors I NO RESISTANCE TYPE ICDRREIATION RESISTANCE RESISTANCE ~ ”We???“ Psychological . . Intimidation . .2- . Verbal non-compliance Passive resistance '059 Defensive resistance Active aggression "055 Active aggravated aggression Significance was found to be associated in four resistive types when officers are conducting a misdemeanor arrest as shown in Table 9. Police officers are 10 percent 90 more likely to encounter both psychological intimidation and verbal non-compliance when making a misdemeanor arrest. While psychological intimidation indicates a higher level of significance (.116) than verbal non-compliance (.097), both resistive types reveal significance during the misdemeanor arrest situation. Defensive resistance on the part of the citizen was found to be associated with the officer making a misdemeanor arrest (.178). As shown in Table 9 officers are 18 percent more likely to face defensive resistance from the citizen when conducting a misdemeanor arrest. A negative correlation (-.099) was found between aggravated active aggression and conducting a misdemeanor arrest. Police officers are less likely (-5 percent) to encounter this type of resistance during the performance of a misdemeanor arrest than in other circumstances. There was no significant relationship found between passive resistance and misdemeanor arrests. The correlations between conducting felony arrests by citizen resistance type are illustrated in Table 10. I Felony Occurred I No Felony I NO NO RESISTANCETYPE CORRELATION RESISTANCE RESISTANCE RESISTANCE RESISTANCE DIFFERENCE Psychological Intimidation -.031 . 74% 26% Verbal non-compliance '7 65% Passive resistance 1 if I I ' ’ Defensive resistance Active aggression Active aggravated aggression 91 Significant associations were found in four different resistive types while police are performing various felony arrests as shown in Table 10. Positive correlations exist between felony arrests and verbal non-compliance (.199), active aggression (.154) and aggravated active aggression (.102). As police conduct felony arrests, they are 10 percent more likely to receive verbal non-compliance and active aggression types of resistance than other types of resistance. As they perform felony arrests they are 7 percent more likely to face aggravated active aggression. As shown in Table 10, the data reveal negative correlations between passive resistance and felony arrests (-.099). Police officers are 10 percent less likely to receive passive resistance during the course of making a felony arrest. No significant relation- ship was found between psychological intimidation and defensive resistance and per- forming felony arrests. Correlations between disturbance calls and resistance types are illustrated in Table 11. I Disturbance Call I IiNo Disturbance Call I RESISTANCE TYPE CORRHATION RESISTANCE RESISTANCE RESISIPANCE RESISTANCE DIFFERENCE Psychological Intimidatio 72% 76% 4% Verbal non-compliance 75% 85% ' I ' . Passive resistance 84% 81% Defense resistance 35% 40% Active aggression 50% 57% Active aggravated aggression 93% 93% 92 Resistance in three resistive categories were found to be significantly associated with disturbance calls. Verbal non-compliance is associated with disturbance calls (.118). Police officers are 10 percent more likely to confront verbal resistance when responding to and handling a disturbance call. Moreover, police are 5 percent more likely to face defensive resistance when handling a disturbance call circumstance. Defensive resistance was found to be significant at the .192 level. A third significant correlation exists between active aggression and disturbance calls (.192). Police officers are 7 percent more likely to confront active aggression during the course of handling a disturbance call. As shown in Table 12, the data indicate one positive correlation between resis- tance types and civil disorders. I Civil Disorder I I No Civil Disorder I NO NO RESISTANCE TYPE CORREIATION RESISTANCE RESISTANCE RESISTANCE RESISTANCE} DIFFERENCE Psychological Intimidation .007 73% 27% 75% 25% 2% Verbal non-compliance 64% 36% 53% 47% -l 1% Passive resistance 82% 91% Defensive resistance .009 36% 40% Active aggression -020 45% 55% 53% 47% 12% Active aggravated aggression .061 82% 18% 93% 7% l 1% The correlation between passive resistance and civil disorders was found to be significant at the .145 level. When confronting civil arrest such as demonstrators or protestors police are 9 percent more likely to encounter passive resistance from 93 citizens. Other forms of resistance were not found to be significantly correlated to civil disorders. As shown in Table 13, the data reveals the various correlations between han- dling, transporting and custody of a prisoner and resistance type. Handlin Custod ofPriaoner RESISTANCE TYPE ICORRELATION RESI:I€ANCE RESISTANCE Psychological '- ’ ' ,. N ‘ Intimidation I _ . 56% Verbal non-compliance .. V 89% Passive resistance 4’21 78% 21% Defensive resistance --077 44% 56% Active aggression .072 35% 65% Active aggravated aggression ‘-056 100% 0% Handling, transporting and custody of a prisoner was discovered to be signifi- cantly associated with two types of resistance. Psychological intimidation (.096) and verbal non-compliance (.090) are both significantly associated with this type of arrest circumstance. Police officers are 20 percent more likely to receive psychological intimidation and 3 percent more likely to encounter verbal non-compliance when han- dling and transporting prisoners. As shown in Table 13 correlations with other forms of resistance are not significant. Three positive correlations and one negative correlation exists between arresting a mentally deranged individual and resistance as shown in Table 14. t ‘ 'W 7"”..M’V'. am .WW ,m—w-W ‘ .. ;..‘ autumnmmnasnsas I I No Mentally Dennged Mentally Deranged f" T RESISTANCE TYPE CORRELATION RESISTANCE RESISTANCE RESISIFANCE RESISTANCE DIFFERENCE Psychological Intimidation --010 77% 23% 75% 25% -2% Verbal non-compliance -015 50% 50% 54% 46% 4% Passive resistance r ~ I . K 69% 7i I ' i ’ Defensive resistance 58% Active aggression 59% Active aggravated aggression 81% Positive correlations were produced between passive resistance, active aggres- sion and aggravated active aggression. A significant relationship of .094 exists between passive resistance and this arrest circumstance. When police are in the process of arresting a mentally deranged individual, they are 14 percent more likely to encounter passive resistance from the individual. While the data in Figure 2 shows 5 percent of these circumstances produce resistance, physical resistance escalates to higher forms when police arrest a mentally deranged individual. Active aggression was determined to be significantly associated with this type of circumstance (.105). Officers are 6 percent more likely to confront this type of resistance during arrest of a mentally deranged citizen. Further, police officers are 13 percent more likely to confront aggravated active aggression when arresting a mentally ill citizen. Statistical significance for this type of resistance is .104. An inverse relationship was discovered between defensive resistance and arrest- ing a mentally deranged individual (-.96). Police are less likely (-19 percent) to encoun- ter defensive resistance during this arrest circumstance. 95 As shown in Table 15, Pearson’s product-moment correlation coefficient pro- vided one positive correlation and one negative correlation between the investigation of a suspicious person/circumstances and resistance type. RESISTANCE TYPE CORRELATION RESISTANCE RESISTANCE RESISTOANCE RESISTANCE DIFFERENCE Psychological Intimidation -.025 81% 19% 82% 18% 1% Verbal non-compliance 042 47% 53% 54% 46% 7% Passive resistance -007 81% 19% 82% 18% 1% Defensive resistance 48% 39% Active aggression 41% 54% Active aggravated aggression --004 93% 7% 93% An inverse relationship (-.055) exists between the police investigating suspicious individuals circumstances. Police officers are less likely (-9 percent) when confronting this type of situation to encounter defensive resistance. A higher form of physical resistance is significantly related to this type of arrest circumstance. Active aggression was found to be associated with this arrest situation (.154). Police officers are 13 percent more likely to experience actions of active aggres- sion during the investigation of suspicious circumstances. Utilizing Pearson’s product-moment correlation coefficient produced three correlations between traffic stops and various citizen resistance types as shown in Table 16. No Trunksgp Traffi Stop NO NO RESISTANCE TYPE CORRELATION RESISTANCE RESISTANCE IIRESISTANCE Psychological Intimidation 74% 26% 75% Verbal non-compliance 48% 56% Passive resistance 70% 85% Defensive resistance 53% 62% Active aggression 58% 51% Active aggravated aggression 96% 92% Statistical significance was discovered in three resistive types while police are performing arrests which stem from a traffic stop. Correlations exist between verbal non-compliance (.091), passive resistance (.145) and defensive resistance (.095). As police stop citizens for traffic violations or for other reasons they are 7 percent more likely to receive verbal resistance. Police officers are 15 percent more likely to encoun- ter passive resistance in these situations. Additionally, in these circumstances the police are 9 percent more likely to face defensive resistance from the citizen. th 1 '1 Statistical significance which yielded various relationships were discovered in each of the nine arrest circumstances according to various resistance types as demon- strated by the citizen. Statistical analysis revealed at least one, but more commonly two to four resistance types of citizen behavior were significantly associated with each type of arrest circumstance identified for measurement. Therefore, the null hypothesis was rejected. 97 Verbal non—compliance and defensive resistance were variables which account for more of the associations during various types of arrest circumstances performed by police. Passive resistance and active aggression account for the next most common forms of resistance during these arrest circumstances. Data discovered in this study indicate that police officers are more likely to confront physical forms of resistance in arrest circumstances than non-physical forms of resistance. However, citizen resistance, which is significantly related to arrest circumstance will vary from situation to situation. Research Question 11 What relationship exists between the number of officers on the arrest scene and the number of citizens involved in the incident? Hypothesis 11:1 There is no relationship between the number of officers on the arrest scene and the number of citizens at the incident. To determine whether a relationship between the number of officers on the arrest scene and number of citizens involved exists, Pearson’s product-moment correlation coefficient was utilized. Measuring the correlation between these two variables was tested at the .05 significance level. As shown in Figure 8, the data reveals the frequency of the numbers of citizens and officers involved in the arrest incident. 550 500 Resistive Incidents 400 350 300 250 200 150 100 50 NUMBER OF CITIZENS/OFFICERS INVOLVED (N=567 Total Incidents) I Citizens D lOfficer ZOfiicers I 3 Officers I 4 Officers 99 As shown in Figure 8, the data illustrate the majority of citizen resistive inci- dents during arrest (510) involve one citizen. In 146 incidents one officer encounters one citizen. Additional analysis indicates 260 incidents involve 2 officers and one citizen. The number of citizens/officer involved in the resistive incident decline con- siderably when two to four citizens and three to four officers are on the scene. As shown in Table 17, the data indicate the relationship between the number of citizens and officers on the arrest scene. u’ a. 1. “I w, firs" Number of Citizens Correlation 3 Correlation 4 96 ' T ' 9‘ 1 .003 2 .4 .001 1 2 3 .004 3 .5 .003 2 .4 3 .001 1 .2 .001 1 .2 1.4 .001 1 .2 .002 3 .5 3,4 (N=7) 1.3 (N=7) 1.3 Correlational significance is depicted in Table 17 between the relationship of the number of officers on the scene and between the number of citizens involved. The strongest relationship of the four variables in Table 17 is the situation where two officn ers are involved in an incident involving one citizen. Significance for this situation is .201. Situations where two officers confront one citizen account for 46 percent of the resistive incidents. Moreover, statistical significance was found where one officer confronts one citizen, .120. Incidents of citizen resistance account for 26 percent of the 100 resistive situations. Situations where three officers face one citizen indicate a weak significance at the .079 level. These situations account for 13 percent of resistive encounters police face. Overall the data in Table 17 indicate that in 89 percent of the resistive incidents from as many as one to four officers will encounter resistance from one citizen. A significant relationship does exist between the number of officers and the number of citizens involved in the resistance incident. Approximately 89 percent of the incidents involve from between one to four officers and one citizen. A significant percentage of resistive incidents (46 percent) involve two officers and one citizen. Therefore, the null hypothesis is rejected. Research Question 12 Does a relationship exist between the type of citizen resistance and those citizens who are under the influence of alcohol? Hypothesis 12:1 There is no difference between the type of citizen resis- tance and those citizens who are under the influence of alcohol. To determine if a relationship exists between citizen resistance and the influence of alcohol intoxication by the citizen, four components were designed to address this issue on the SRI. The four components designed to measure this question include: alcohol intoxication as it relates to the type of citizen resistance; citizen intoxication by arrest circumstance; suspected alcohol intoxication as it relates to citizen resistance type and suspected alcohol influence by arrest circumstance. These four components address the magnitude that alcohol or suspected alcohol intoxication has on the type of resistive behavior citizens display during police arrest and the impact of the relationship of alcohol during the arrest circumstance. In order to determine whether a relationship exists between the influence of alcohol and the type of citizen resistance Pearson’s 101 product-moment correlation coefficient was used for the statistical treatment. A statisti- cal significance level of .05 was utilized. As shown in Table 18, the data show the relationship between intoxication and the type of resistive behavior exhibited by the citizen during police arrest. RESISTANCE TYPE RESISTANCE RESISTANCE Irv-wwwwn—“j Psychological . .51. - - ‘ Intimidation 1 - L 70% Verbal non-compliance 48% Passive resistance -037 8 1% Defensive resistance -.022 41% Active aggression .027 51% Active aggravated aggression -.030 94% Significance was found in two different types of citizen resistance classifications as it relates to intoxication. Police officers are 10 percent more likely to experience Psychological Intimidation resistance from citizens who are under the influence of alcohol. The second type of citizen resistance where alcohol is associated with specific resistance is Verbal Non-Compliance. Research question five identified that Verbal Non-Compliance accounted for approximately 46 percent of the citizen resistful behav- ior police encounter during arrest. Significance was found to be associated between alcohol and verbal resistance when police attempt to place a citizen under arrest (.123). The police are 12 percent more likely to experience Verbal Resistance when the citizen is intoxicated. Hence alcohol intoxication is significantly associated with Psychological Intimidation and Verbal Non-Compliance types of resistance. 102 Moreover, the data in Table 18 reflect no significant difference between the correlation of citizen intoxication and Defensive Resistance. A negative relationship (-3 percent) exists between the two factors. Sober citizens will exhibit actions of Defensive Resistance with only slight more frequency than intoxicated individuals (62 percent vs. 59 percent). Therefore, analysis indicates there is no difference in Defensive Resistance as it relates to alcohol intoxication. Defensive Resistance may or may not be a factor associated with intoxication. Further analysis shows that intoxication of individuals bears a weak relationship to Aggravated Active Aggression as well as Active Aggres- sion. However, this information must be examined from the converseside. Resistance exhibited by citizens who are not under the influence is significant and important as well. In regard to Defensive Resistance and Active Aggression, resistance may be likely although the citizen is sober. The second component of this hypothesis is focused on the relationship between alcohol intoxication of the citizen and arrest circumstance. The identical ten arrest circumstances are utilized in this analysis as identified in research question 10. As shown in Table 19, the data show the relationship between alcohol intoxication of the citizen and the arrest circumstance. ARREST CIRCUMSTANCE NO RESISTANCE RESISTANCE NO 1 RESISTANCE RESISTANCE I. DIFFERENCE. Misdemeanor anest Felony arrest Disturbance call Civil disorder Handling, transporting and custody of prisoner Ambush Mentally deranged arrest Investigating suspicious person/circumstances Traffic stop Other 65% 93% 60% 98% 96% 35% .: 74. .. 66% 78% 78% 98% 95% 92% 87% 88% 88% 34% 2% 5% 1% -l% Citizen intoxication was found to be significantly associated with disturbance calls (.192). Police officers are 22 percent more likely to face intoxicated individuals while responding to this type of circumstance. An additional significant relationship exists between citizen intoxication and traffic stops (.101). Officers are 8 percent more likely to encounter intoxicated citizens during a traffic stop. Police arrest of a mentally deranged individual accounts for approximately 5 percent of the total resistings police encounter (Figure 2). However, as illustrated in Table 19, arresting a mentally deranged individual indicates a significant relationship as it is related to intoxication (.154). The relationship between alcohol and mentally deranged arrest is only slight, as there is a 2 percent differential separating resisting/intoxication and resistance and no intoxication. A negative or an inverse relationship exists between Investigating Suspicious Individuals/Circumstances. A negative 5 percent differential exists between this type of 104 circumstance and citizen intoxication. Therefore, no meaningful relationship exists between intoxication and Investigating Suspicious Persons/Circumstances. Police officers could potentially encounter sober as well as intoxicated individuals during this situation. Resistance may or may not be a factor associated with alcohol during this situation. An additional negative correlation exists between intoxication and felony arrests (-.214). As citizens commit more serious types of crime alcohol becomes significantly less of a factor as it relates to resistance. A negative 15 percent differential exists between resistance/intoxication and resistance/no intoxication (7 percent vs. 22 percent). Further analysis also shows that Civil Disorders are not significantly associated or correlated to citizen intoxication. Several significant correlations exist in the third component of this research question, Suspected Alcohol Intoxication and type of Citizen Resistance. As shown in Table 20, the data indicate the various correlations between suspected alcohol intoxica- tion of the citizen and resistance types. " 3110' Was; K231113111}. .. , . No Suspected ' ' ' Intoxicatlfll RESISTANCE TYPE RESISTANCE RESISTANCE Psychological E N ‘~ “HT Intimidation 1 ' ‘ ’ - Verbal non-compliance .082 46% 54% 56% 44% E 10% Passive resistance -004 82% 18% 82% Defensive resistance - 30% 42% Active aggression 54% 46% 52% Active aggravated aggression -020 92% 8% 93% 7% 1% 105 As shown in Table 20, the data indicate a significant relationship between Suspected Alcohol Intoxication and Psychological Intimidation resistance (.096). A 9 percent differential separated resistance in this category as it relates to suspected intoxi- cation and resistance and no intoxication (32 percent vs. 23 percent). This finding parallels to within one percent the same finding in this category as articulated in Table l 8. Suspected alcohol intoxication is also significantly correlated to Defensive Resistance (.105). Table 18 indicated that Defensive Resistance was not significantly related with intoxication. However, when police suspect a citizen’s actions are due to the influence of alcohol, police are 12 percent more likely to encounter Defensive Resistance. While intoxication may or may not be associated with Defensive Resis- tance, suspected alcohol intoxication is significantly related to Defensive Resistance. Verbal Non-Compliance resistance is weakly correlated to suspected alcohol intoxication (.082). Table 20 as well revealed a similar finding mentioned previously. Police officers are 19 percent more likely to encounter Verbal Non-Compliance resis- tance from citizen’s when they suspect are under the influence of alcohol. As shown in Table 21, the data reflect relationships between Suspected Alcohol Intoxication and Arrest Circumstance, which is the fourth component of this question. 106 Sumected ' NO ARREST CIRCUMSTANCE 0111131111014 RESISTANCE RESISTANCE DIFFERENCE Misdemeanor arrest ' ' VI 490/. W M : “I“ I - 22% Felony arrest 91% -7% Disturbance call 62% 9% Civil disorder 99% -1% Handling, transporting and custody of prisoner .050 94% 6% 96% 4% 2% Ambush -—- ._ _. _ .___ .- Mentally deranged arrest -.066 98% 2% 94% 6% 4% Investigating suspicious person/circumstances -.086 94% 6% 88% 12% 6% Trafic stop -.082 89% 11% 82% 18% -7% Other .030 89% 1 1% 91% 9% 2% A significant relationship exists between suspected intoxication and misde- meanor arrests (.201). Police officers are 22 percent more likely to encounter resistance during the arrest of a misdemeanant who is suspected to be under the influence of alcohol. Additional analysis of Table 20 shows a significant relationship between suspected alcohol influence and a Disturbance Call. Officers are 9 percent more likely to face resistance during a Disturbance Call when alcohol intoxication is suspected. Only the Disturbance Call as indicated in Table 20 parallels the same significance finding as described in Table 19, previously discussed. With the exception of Handling, Transporting and Orstody of a Prisoner, all remaining circumstance types indicate negative relationships associated with Suspected Alcohol Influence and Arrest Circumstance. As indicated by the data in Table 21 where the likelihood of no resistance occurs in five arrest circumstances increases, the 107 percentage of suspected intoxication decreases. Therefore, the circumstances of Felony Arrest, Civil Disorder, Mentally Deranged Arrest, Investigating Suspicious Persons/ Circumstances and Traffic Stops are not correlated with Suspected Alcohol Influence of the citizen. The null hypothesis for this question is rejected as there are differences in the level of citizen resistance and the influence of alcohol. Significance was found between citizen intoxication and resistance type. Specifically, alcohol intoxication is correlated with Psychological Intimidation and Verbal Non-Compliance forms of resistance. Alcohol intoxication is weakly associated with Active Aggression and Aggravated Active Aggression. A negative relation exists between Defensive Resistance and Intoxi- cation. Negative or weak correlations should not be misinterpreted however. There is weight is the fact that officers can face resistance from sober individuals as well, as in the case of Defensive resistance and Active Aggression resistance levels. Moreover, there is a significant relationship between arrest circumstance and citizens intoxication. Arrest circumstances including Disturbance Calls, Mentally Deranged individuals and Traffic Stops are all correlated to intoxication and resistance. Felony arrests and Investigating Suspicious Persons/Circumstances are negatively correlated with intoxication. Research Question 13 Does a relationship exist between the types of citizen resistance and those citi- zens who are under the influence of a chemical substance? Hypothesis 13:1 There is no relationship between the types of citizen resistance and citizens who are under the influence of a chemical substance. Four items were structured on the SR1 to determine what relationship chemical substances may have on citizen resistance and under what arrest circumstances the citizen may be influenced by a chemical substance. These four items include: drug influence as it relates to the types of citizen resistance; drug influence by arrest 108 circumstance; suspected drug influence by citizen resistance types and suspected drug influence by arrest circumstance. These four components address the magnitude that drugs or suspected influence of drugs has on the type of resistive behavior citizens demonstrate during police arrest and the impact of the relationship of drugs during the arrest circumstance. To determine whether a relationship exists between the influence of drugs and the types of citizen resistance, Pearson’s product moment correlation coefficient was utilized for the statistical analysis. A statistical significance level of .05 was utilized. As shown in Table 22 the data show the relationship between drug influence and the type of resistive behavior exhibited by citizens during police arrest. RESISTANCE TYPE Psychological Intimidation Verbal non-compliance Passive resistance Defensive resistance Active aggression Active aggravated aggression Significance was produced in two types of resistive classifications as it relates to drug influence by using Pearson’s correlational analysis as shown in Table 22. An inverse relationship exists between defensive resistance and drug influence (-.099). Police officers are less likely, however, only slightly, to encounter defensive resistance when the citizen is under the influence of a drug (-.3 percent). Therefore, being under 109 the influence of a chemical substance may or may not be associated with defensive resistance. Not being under the influence of a chemical substance is associated with defensive resistance only slightly. A correlation of .095 was produced by using Pearson’s correlation coefficient between drug influence and active aggression. Data in Table 22 show that police are 22 percent more likely to confront a citizen who exhibits active aggression types of resis- tance when they are under the influence of a chemical substance. Three arrest circumstances identified in Table 23 reveal correlations with drug influence which is the second component in this research question. ARREST CIRCUMSTANCE RESI§TANCE Misdemeanor arrest 6% Felony arrest 86% Dimrbance call 69% Civil disorder 92% Handling. transporting and custody of prisoner -.002 96% 4% 96% 4% 0% Ambush -— _. — — —— —- Meatally deranged arrest -.048 100% 0% 95% 5% -5% Investigating suspicious person/circumstances .063 81% 19% 90% 10% 9% Trafic stop -.073 96% 4% 83% 17% -13% Other .045 85% 15% 91% 9% 6% While the data in Table 23 indicate correlational significance in three types of arrest circumstances, the significance is only slight. A significant association was produced between misdemeanor arrests (.118), felony arrests (.099) and disturbance 110 calls (.110) and being under the influence of drugs. Police are 4 percent more likely to confront a citizen under the influence of a drug during misdemeanor arrests. They are 6 percent more likely to encounter citizens under the influence of a chemical substance while performing a felony arrest. While responding to disturbance calls police are 7 percent more likely to face citizens under the influence of drugs. No other arrest cir- cumstance produced meaningful significance levels. The third component analyzed in this research question is the relationship be- tween suspected drug influence and citizen resistance type. The association is illustrated in Table 24. RESISTANCE TYPE CORRHATION ‘EESIET‘NCE WANCB ‘nnqrgraurn RESISTANCE DIFFERECE‘ 1 Psychological Intimidation 63% 37% 76% 13% Verbal non—compliance 50% 55% 5% Passive resistance 77% 23% 83% 6% Defensive resistance -013 37% 63% 40% 60% 3% Active aggression 4’20 49% 51% 53% 47% 4% Active aggravated aggression -051 88% 12% 93% 7% 5% As shown in Table 24, the data depict one significant relationship between suspected drug influence and verbal non-compliance (.090). This relationship is how- ever only slight. Police are 5 percent more likely to face verbal resistance when the citizen is suspected of being under the influence of a chemical substance. The final component structured in this research question, the relationship be- tween suspected drug influence and arrest circumstance, is illustrated in Table 25. No Druer fluence Dmrr I uence in N No ARREST CIRCUMSTANCE CORREIA’I‘ION Fem-mm: REsrsrANCE RESISTANCE RESISTANCE. DIFFERENCE Misdemeanor arrest -.012 67% 33% 65% 35% -2% Felony arrest 90% 10% 86% 14% -4% Disturbance call 84% 16% 68% 32% -16% Civil disorder 98% 2% 98% 2% 0% Handling. transporting and culody of prisoner .059 100% 0% 96% 4% 4% Ambush --— _... — __ __ _... Mentally deranged arrest .064 91% 9% 96% Investigating suspicious person/circumstances 79% 91% Trafic stop 67% 85% Other 88% 91% Two arrest circumstances are significantly correlated to suspected drug influ- ence. Suspected drug influence is significantly associated with the police investigating suspicious person/circumstances (.101). An 11 percent difference separates being suspected of drug influence and therefore police are 11 percent more likely to confront this factor when investigating suspicious individuals or circumstances. Traffic stops are significantly related to suspected drug influence (.127). When stopping a citizen for a traffic violation or other reasons, police are 17 percent more likely to suspect the citizen to be under the influence of a drug. A negative or inverse correlation was found to exist between suspected drug influence and disturbance calls. Police officers are less likely, by -16 percent to encoun- ter disturbance calls and suspect the citizen is under the influence of chemical substance. The variable of suspected drug influence is not correlated to disturbance calls. l 12 5 EU . 13 111 t] .13.] Significant relationships were identified in each component of this research question. An inverse relationship was found between defensive resistance and drug influence, however, only slight. Police are less likely by only 3 percent to encounter defensive resistance when a citizen is under the influence of a drug. Three arrest cir- cumstances produced significance with being under the influence of a drug: when police are conducting a misdemeanor arrest, felony arrest and when handling a distur- bance call. Police are likely to confront verbal resistance where they suspect a citizen is under the influence of drugs. When police suspect a citizen is under the influence of a drug a correlation exists when they investigate a suspicious person/circumstance and a traffic stop. Based on these findings of significance the null hypothesis for this research question is rejected. Research Question 14 Is there a relationship between the type of assignment the officer is working and the type of citizen resistance encountered? Hypothesis 14:1 There is no relationship between the officer’s assignment and the level of citizen resistance. The SRI was structured to identify the officers assignment when he/she con- fronts citizen resistance during arrest. Potentially the SRI could reflect up to four officers per resistive incident, depending how may officers responded to the incident. Tables 26-28 reflect the data which measure the relationship between the officer’s assignment and the type of resistance exhibited by the citizen. Three responding offic- ers’ assignments are illustrated for discussion purposes as the data for the fourth re- sponding officer was under reported and/or found to be insignificant. As shown in Table 26, the data indicate the relationship between one officer on the scene by assignment, and citizen resistance type. Types of Resistance _ Psychological Non- Passive Defensive Active Assignment “mm“ Intimidation Compliance Resistance Resistance Aggression Uniform patrol Nonuniform patrol Special response Investigator Patrol supervisor By utilizing Pearson’s Correlation at the .05 significance level, the data in Table 26 reveal that the assignment of uniform patrol officer receives the brunt of the citizen resistance. A composite significant level of .201 was found for the six types of citizen resistance. The data in Table 26 revealed that when one uniform patrol officer is on the scene he/she will encounter 86 percent of the defensive resistance situations, 88 percent of the active aggression, 88 percent of the aggravated active aggression 88 percent of the psychological intimidation, 87 percent of the verbal resistance and 87 percent of the passive resistance. The other police assignments were not found to be significant for other categories of citizen resistance. As shown in Table 27, the data illustrate the relationship between two officer’s assignment and the types of citizen resistance. Psychological Non- Passive Defensive Active Active Assignment Correlation Intimidation Compliance Resistance Resistance Aggression Aggression Uniform patrol Nonuniform patrol Special response Investigator Patrol supervisor As shown in Table 27, the data indicate a significant relationship between the assignment for two uniform patrol officers and the six various types of citizen resistance (.277). Uniform patrol officers are highly likely (82 percent) to encounter more defen- sive resistance than other assignment positions researched. A significant percentage of the resistance is experienced by two uniform patrol officers than when one uniform patrol officer is on the scene. All types of citizen resistance were significantly higher for uniform patrol officers. Other types of police assignments identified for this re- search were not found to be statistically significant with citizen resistance types. As shown in Table 28, the data reflect the relationship which exists between the assignment of three officers on the scene and the types of citizen resistance which they are likely to encounter. ‘ ' ‘ * ~ Ww’tz‘fflfififiu figfiitflzfibflg « ~ , , .. j r A“ HIM 2' : 1., ‘ . Types of Resistance Aggravated Psychological Passive Defensive Active Assignment Correlation Intimidation Resistance Resistance - 4‘ 5‘. Jamar-eggifltwfi Uniform patrol . ,f 1 WM??? 4 “ > v, . a an Nonuniforrn patrol .004 Special response .002 Investigator .000 Patrol supervisor .001 As shown in Table 28, a significant relationship exists between three uniform patrol officers on the scene and all six types of citizen resistance. A significant level of .090 was found to be statistically significant. Aggravated active aggression type of resistance is more likely to be encountered for the third uniform patrol officer on the scene than with other police assignments researched (87 percent). Other assignments identified in Table 28 were not found to be statistically significant with citizen resis- tance types. ti 14 th i 14' A significant relationship does exist between two uniform officers on the scene and the various resistance types. Uniform patrol officers encounter more citizen resis- tance than any other type of assignment researched in this study. Any form of citizen resistance decreases as three uniform patrol officers are on the scene. The null hypoth- eses for this question is, therefore, rejected. CHAPTER V SUMNIARY, CONCLUSIONS AND RECONIMENDATION S Intudnctinn As the United States has become an increasingly more complex urbanized nation, the American society has increasingly become more litigious. The citizen-police encounter has over the past years resulted in legal civil suit battles which stand as a hallmark to this continuous parade of litigation. At the heart of this conflict countless civil lawsuits have been filed by plaintiffs who have proven that police officers have utilized unreasonable force in effecting an arrest. In order to reduce the allegation of improper use of force by the police, the United States Supreme Court in the Graham v. Connor (1989) case stipulated specific criteria in which the use of physical force would be evaluated. An important factor articulated in the criteria used by the Court is the police officer’s ability to properly identify the type of resistance behavior the citizen demonstrated during an arrest. Police officers must, therefore, become aware of the Court’s analysis of physical force encoun- ters and educated in the various factors surrounding resistful confrontations in order to defend their legitimate use of force. As courts continue to change their methods of incident examination, the police must be quick to change to adhere to the courts man- dates. The more educated and trained officers become in understanding resistful situa- tions of the police-citizen contact, the better prepared they are to use reasonable force methods in line with court guidelines. This will assist in bringing about a positive change in police procedures and community relations. 116 117 Smear Elms: The purpose of this study was designed to examine the nature of resistful situa- tions police officers face today in performance of their arrest duties. Further, the study was conducted in order that new knowledge may be added to the training of both recruit and in-service police officers in order that survival tactics and instructional curriculum can be enhanced. Litmus; A search of the literature was conducted to discover prior research related to the questions and hypotheses measured in this study. Review of the literature produced a minuscule number of directly related studies in the area of concern for this study. The review of the literature did produce several studies which held logical ties to the phe- nomenon under investigation. Those areas included the dynamics of police-citizen encounters, violence in police work, nature of police assault circumstances and assailant characteristics in police assaults. The Reiss (1969) findings indicate that understanding police-citizen encounters evolve around the legitimacy of police authority and the citizen’s rejection or accep- tance of it. Reiss found that considering officer behavior as a statistical base, it is clear that officer behavior, is closely related to citizen behavior. These findings suggest that understanding police-citizen encounters evolve around the legitimacy of police authority and the citizen’s rejection or acceptance of it. The Toch study (1969) also provides support to the Reiss findings. Toch inter- viewed a group of Oakland Police Department officers who had been assaulted by citizens and interviewed a group of citizens who had assaulted officers to gain addi- tional information concerning this phenomenon. Toch found that many, if not most, police-citizen encounters were a manifestation of citizen disrespect and/or a reaction to it by the police. Toch also traced the main sequential steps involved in police-citizen 118 encounters. In approximately 50 percent of the resistful encounters the citizen reacts negatively or fails to cooperate with the orders, demands or suggestions of the police officers. The Friedrich study (1980) sheds additional support on the Reiss and Toch study. Friedrich found that the highest coefficient related to the number of police on the scene, and the number of citizen’s present when the use of force was utilized. This factor is consistent with the argument that the image of the police and their desire to maintain respect of the public are important factors in understanding their behavior. Further this study pointed out that the use of force in a citizen-police encounter is associated with two factors: how the citizen behaved and whether or not other citizens or police were present. An additional study conducted by Croft (1985) parallels other study findings. Crofi’s analysis of the police-citizen encounter indicates that approximately 30 percent of the arrests, and their associated use of force, might have been avoided at the outset if the persons involved had ceased fighting, arguing, being verbally abusive to the officer or had obeyed orders of the officer. Bayley and Garofalo (1987) found in their study of police and citizen encounters that most of the conflict was of a verbal nature by the citizen. The literature revealed some interesting insights into the violence directed toward police in citizen arrest encounters. Margarita (1980) observed violence against police as a special subset of violence which is tailored to the specifics of the encounter. Violence against police can be illustrated as impulsive or instrumental violence which involves nonutilitarian goals, including defense of personal autonomy or expressions of hostility. It is suggested here that the outcome of the attack is not determinable by chance alone, but is influenced by the structure of the incident, and the intentions and motivation of the assailant. Toch (1969), Chapman (1986) and Meyer (1986) all con- clude in their studies that social, political, economic, psychological and organizational 119 factors are significant contributors to violence against the police. These three studies also suggest that victim precipitation and individual predisposition to the use of violence contribute to the outcome of police-citizen encounters. Various studies were identified which investigated the circumstances of citizen assaults on police. The Michigan Law Enforcement Officers Training Council (1979) found that the most common form of citizen resistance was defensive in nature. The FBI (1990) found that the most common circumstance in which officers are likely to be assaulted were while they are performing arrest situations (40 percent) and during disturbance calls (36 percent). Theories of police assailant characteristics abound. Marafioti (1971) defines the police assailant as male, black and in his late twenties. Meyer (1986) found the offender to be between the ages of 20-29, 64 percent were black and under the influence of alcohol at the time of the assault. The FBI (1990) reported that police homicide assail- ants were predominately male (95 percent), 66 percent were white, and 50 percent under the age of 30. Over 90 percent of the assailants had previous arrests and over 55 percent had a prior conviction. The FBI noted that approximately 45 percent of the assailants had previous arrests for crimes of violence, 25 percent for weapons violations and 20 percent for drug-related offenses. The study’s reviewed for this research suggest that while the police-citizen encounter is complex, citizen resistance is often linked to the legitimate empowered police authority as perceived by the citizen. According to some of the literature citizen resistance may be related to the behavior of the police, while other studies relate resis- tance of the citizen to an association with alcohol, violence predisposition, age of the offender, prior criminal history and key factors of the arrest circumstance. Mommies! The population of this study was police officers from 17 police agencies where PPCT Instructor Trainers or Basic Instructors are employed. These 17 police agencies 120 represent a 68 percent response rate as 25 police agencies were initially sampled for participation. The population is reflective of 5 different regions throughout the United States. The study was conducted over a six-month period, February 15, 1991 to August 15, 1991. A ‘ ‘Subject Resistance Inventory” was designed to capture selected data relative to citizen resistance during the arrest process. The study yielded 567 incidents which was worth statistical analysis. The study was quantitative, descriptive and corre- lational in nature. Fourteen research questions were structured in order for the data to be properly analyzed. Nine research questions were designed so that a descriptive analysis could be conducted. Five questions and hypotheses were structured so that correlations could be identified between citizen resistance and selected arrest variables. The research ques- tions analyzed in this study are: 1. What are the selected officer demographic of those officers who are involved in citizen resistance encounters? What type of injuries do officers sustain as a result of these incidents? . What is the most common type of assignment the officer is assigned to during these resistful situations? What are the most common types of arrest circumstances officers encounter citizen resistance? . What are the most common types of weapons used by citizens against police officers in these incidents? What are the temporal patterns of these citizens resistance situations? What are the most common types/levels of citizen behavior or resistance demonstrated by the citizen in these resistful encounters? What are the selected citizen profile characteristics associated with these resisting encounters? 121 9. What type of injuries does the citizen sustain as a result of these incidents? 10. What relationship exists between the nature of the arrest circumstance and the type of citizen resistive behavior during police arrest? Ho: There is no relationship between the types of arrest circumstance and citizen resistance/behavior. 11. What relationship exists between the number of officers on the arrest scene and the number of citizens involved in the incident? H0: There is no relationship between the number of officers on the arrest scene and the number of citizens involved in the incident. 12. Does a relationship exist between the level of citizen resistance and those citizens who are under the influence of alcohol? Ho: There is no difference between the type of citizen resistance and those citizens who are under the influence of alcohol. 13. Does a relationship exist between the types of citizen resistance and those citizens who are under the influence of a chemical substance? Ho: There is no relationship between the types of citizen resistance and citizens who are under the influence of a chemical substance. 14. Is there a relationship between the type of assignment the officer is working and the type of citizen resistance encountered? H0: There is no relationship between the officer’s assignment and the level of citizen resistance. The first nine questions were subjected to statistical descriptive analysis. Fre- quencies and percentages of variable occurrence were reported. The remaining five questions (IO-14) and their hypotheses were subjected to Pearson’s product-moment correlation coefficient to identify positive or negative relationships between the variable of subject resistance and selected arrest variables. In order to measure the significance of the correlations, an alpha level of significance was set at the .05 level. 122 Conclusions What is the nature of resistful situations police officers face today in perfor- mance of their arrest duties? This broad encompassing question sets the stage for this study in which various conclusions can be made. The present research produced numer- ous results which provide useful information in answering this question. Conclusion 1 The results of the descriptive analysis portion of this study reveal that the uni- form police offieer is far more likely to encounter citizen resistance during arrest, more than other assignments studied. This is confirmed by the fact that uniform officers perform the duty of arrest far more often that other assignments and are more likely to encounter resistance from the citizen during arrest. But more specifically, it is con- cluded by study results that the uniform patrol officer who encounters resistance during arrest will more likely be a white male, with approximately 7 years of experience as a police officer and commonly will not incur any type of injury as a result of the resis- tance situation. These findings support in part and vary in part with the Croft and Austin study (1987). Like the present study, Croft and Austin found patrol officers more likely to be involved in citizen resistance. However, the lengths of service of officers differed; 11 years for Croft and Austin and 7 years in this study. Two uniform patrol officers working together are more likely to incur a citizen resistance during arrest. Analysis of the number of uniform patrol officers on the scene and citizens on the scene produced a significant relationship. The highest percentage of any of the resisting types researched were associated with two uniform patrol officers on the scene. When three or more officers were on the scene resistance in all types decreased consid- erably, so much so that significant relationships were not established. Defensive resis- tance was highly correlated where two uniform patrol officers were on the scene. While correlation coefficients were produced with two uniform patrol officers encountering resistance more frequently, significance was also established at the .05 123 level when two uniform patrol officers were confronting one citizen. It is concluded that 46 percent of the incidents involved two uniform patrol officers when encountering one citizen. Further results show that 89 percent of the police-citizen encounters in- volve one citizen regardless of whether there were from one to four officers on the scene. Conclusion 2 During these confrontations study findings revealed a general profile of the citizen. It is concluded that patrol officers will more than likely encounter resistance during an arrest from one citizen who is predominately male, approximately 22 years of age, approximately six feet tall, weighs approximately 175 pounds and in a majority of the situations will either be under the influence or suspected to be under the influence of alcohol and/or a chemical substance. Although a higher percentage of white young males resisted the police during arrest, the percentage was only slightly higher than blacks (51 percent vs. 43 percent). Therefore, it can be concluded that race was not a significant factor in this study. The conclusion of race as an insignificant variable in this study as it relates to citizen resistance is supported in other studies as well. Friedrich (1980) found that neither class or race of the citizen was a correlate with the police use of force. Hepburn (1978) specifically found that arrest rates and the decision to arrest a citizen bore no relationship to the race of the citizen. This variable has also been documented to be insignificant in studies conducted by Green (1970) and Wiener and Willie (1971). Conclusions based on the results of this study do not fully support the findings of other studies mentioned in chapter two. Creamer and Robin (1968) described the profile of an armed assailant against the police at a median age of 27. Marafioti (1971) described the assailant as a black male in his late twenties. Meyer (1986) also found the offender was between age 20 and 29, 36 percent white, five feet, ten inches tall and either under the influence of alcohol during the assault or had been drinking prior to the 124 assault. The FBI (1990) profiled police homicide assailants as male, 66 percent white, 33 percent were black and under the age of 30. While the citizen in this study only resisted police efforts of arrest, the sex of the citizens were identical. However, the age of the citizen who resists during arrest is much younger than other studies suggest. Moreover, the citizen profile in this study differs with the citizen profile in the 1979 MLEOTC study. Friedrich (1980) additionally found that the highest coefficient related to the number of police on the scene, and the number of citizens present when the use of force was utilized. Conclusions of this study identified that there is an association between two officers and one citizen as it relates to resistance. A correlation was not found beyond this factor. Whether shear numbers of either police or citizens on the scene escalate resistance was beyond the limits of this study, however, the subject is worthy of further investigation. Conclusion 3 A substantial conclusion of this study points to the fact that neither the citizen nor the officer incurs any types of injuries as a result of these resistful incidents. The study demonstrated that both citizens and officers do not incur injuries in over two- thirds of the incidents. One would believe this not to be the case with so many civil lawsuits being filed by citizens against officers for allegations of brutality for injuries sustained during a resistful arrest incident. However, in this study, injuries were not significantly associated with citizen resistance. Of the injuries that did occur, either to the police or to the citizen the majority were minor in nature or required limited treat- ment and/or hospitalization. Conclusion 4 The temporal patterns of the study revealed interesting conclusions. Three factors were analyzed using descriptive statistics for this section. The weekend (Friday, Saturday and Sunday) accounted for approximately 47 percent of the total resistings, 125 with Saturday being the highest (16.6 percent). This supports what police have nor- mally dealt with for many years. The weekend is typically a period where citizens relax, recreate and unwind. Calls for service frequently increase for most police agen- cies for disturbances or other suspicious circumstances during this time period. Traffic stops late at night often increase as motorists are driving home from parties or bars where alcohol has been consumed (alcohol will be addressed later in this section). The weekend and what it brings for many citizens provides more of catalyst for encounters between police and citizens. The second temporal factor associated with resistance during police arrest is the time of day the resistance incident occurs. Approximately 48 percent of the resistful incidents occur from 6:00 pm. to 12:00 a.m. This finding links with the preceding factor of the weekend being the common period of the week for resistance incidents occurring. Social events which terminate at late hours, or individuals returning home late after being ‘ ‘out on the town” where alcohol has been again consumed or other drugs, and/or where disturbance calls occur in the late hours, generate more police- citizen contacts where resistance may be highly likely. The third temporal factor associated with resistance is month of the year. The most common month for resistance to occur is March (17.6 percent). The next most frequent month was July 19 (16.8 percent). While there is a slight difference separating these two months it can be concluded that the month of the year does not in and of itself predict the likelihood of resistance occurrence. Many in police work have “intuitively felt’ ’ that police-citizen encounters are more prevalent during the warmer months of the year. In some jurisdictions across the country this may be valid. However, this study reports that the spring is just as likely to be associated with resistance as other seasons of the year researched. This is further supported by the fact that 13.6 percent of the resistful incidents occurred in February and 12.9 percent occurred in August. In both cases only half of the month was used to measure and to record resistive incidents as the 126 study commenced on February 15, 1991 and concluded on August 15, 1991. Despite the fact that resistive incidents were more common in March than in other months, only a differential of 5.3 percent separated the highest month (March) from the lowest month (April; 12.3 percent). These three temporal factors only tell when resistance is likely to occur and not why resistance occurs. Further investigation into these factors may add more significance to this type of research. However, at least one of these factors parallel the FBI’s findings of assaults on officers across the country. The FBI found that 6:00 pm. to midnight accounted for 40.6 percent of the assaults which is very close to this study’s finding of 48 percent. Midnight until 6:00 a.m. accounted for 31 percent of the assaults which is slightly higher than this study’s finding for the same time period of 25 percent. Review of the literature did not produce information relative to police assaults and day of the week or month of the year. Conclusion 5 A major concern and question of this study was what type or level of citizen resistance is the most common type of resistive behavior demonstrated by the citizen in the police-citizen arrest process. Six types or levels of resistance were identified in this study for measurement purposes. These levels of resistance and their definitions were taken from the PPCT Force Continuum. While each type or classification of resistance has a specific definition, officers involved in the resistance situation will somewhat be influenced in their reporting of a specific resistance by their perception of the incident. This is important to understand prior to the discussion of the conclusions. Defensive resistance clearly was the number one type of resistance most com- monly reported in this study (60.5 percent). This finding confirms the 1979 Michigan Law Enforcement Officer Training Council study and the 1985 Crofi study. It was followed by active aggression (47.6 percent), verbal non-compliance (46.2 percent), psychological intimidation (25.2 percent), passive resistance (17.8 percent) and 127 aggravated active aggression (7.1 percent). While study findings indicate that defensive resistance is highly common in resistful encounters, it cannot be concluded that defen- sive resistance occurred 60.5 percent of the time in and of itself. As shown by the results of this study, the types of citizen resistance were more likely to occur in pairs or trio’s. For example, in a significant number of cases where defensive resistance oe- eurred it was preceded with verbal non compliance. In a small number of cases, defen- sive resistance was preceded with psychological intimidation. As shown by the results of the study it can also be concluded that in a significant number of resistful incidents verbal non-compliance preceded active aggression. While active aggression occurred in 47.6 percent of the resistful encounters, it most commonly followed acts of defensive resistance and verbal resistance from the citizen. A common example of this was where the police officer had verbally attempted to control the citizen but first met verbal resistance. In a small number of cases, the officer may also be confronted by psychological intimidation as well. In an attempt to physically place the citizen under arrest, the officer encountered physical resistance upon touching the subject. One of two possible reactions occurred at this point. In a significant number of cases (60.5 percent) the officer encountered defensive resistance. In other cases, after verbal resistance was demonstrated by the citizen, the officer was confronted by defen- sive resistance which then led to active aggression, or verbal resistance which then led to active aggression, or verbal resistance led to active aggression in and of itself. As shown by the results of the study, it is highly uncommon occurrence to find active aggression without verbal resistance. Moreover, passive resistance was quite frequently accompanied by verbal non- compliance, although passive resistance occurred in 17.1 percent of the incidents. As shown by the results of the study police officers are least likely to encounter aggravated active aggression. 128 Conclusion 6 It is concluded by the results of this study that physical forms of resistance are more likely to occur than incidents involving weapons. Physical forms of active aggres- sion where exhibited by citizens in the following manner: a punch (24.6 percent), a kick (22.6 percent), a slap (7.2 percent), or headbutt (3.2 percent). This finding con- firms previous studies, but with more likelihood of occurrence. For example, the Michigan Law Enforcement Officer Training Council (1979) found the officer had a 12 percent likelihood of being hit or kicked. The Croft study (1985) only found that the officer was likely to be hit and/or kicked in 5 percent of the resisting situations. The FBI (1990) found that 82' percent of the police officer assaults involve personal weapons of the citizen. Conclusion 7 As shown by the study findings, weapons used against officers are less likely to occur in these resisting encounters than personal weapons. Weapons used against officers were as follows: edged weapon (2.1 percent), firearm (1.6 percent), officers firearm (.7 percent) and club (.5 percent). Again, this conclusion confirms previous studies. The Croft study (1985) found officers faced with an edged weapon in less than 5 percent of the incidents. MLEOTC (1979) found officers would confront an edge weapon in approximately 4 percent of the situations. In 1990 the FBI found that 2 percent of the officers were attacked with edged weapons, 5 percent of the assaults were with firearms and 10 percent were assaulted with other dangerous weapons. Conclusion 8 Another important purpose of the study was to identify under what circum- stances of police arrest/citizen contact is resistance likely to occur. The SRI identified nine circumstances in which resistance might be likely. These nine areas were identical to the circumstances the FBI report on an annual basis when reporting police assault statistics. 129 As shown by the results of the study, it is concluded that effecting an arrest itself, either for a misdemeanor (27 percent) or a felony (12 percent) accounts for 39 percent of the resisting incidents. This finding supports previous research. Bayley and Garofalo (1987) found that taking a citizen into custody was almost four times more common for the officer to encounter resistance and thus resulted in the use of force. Croft and Austin (1987) found the use of force utilized by officers was needed in resistful incidents where citizens were involved in misdemeanor offenses, but felony circumstances were uncommon. This study also supports the 1990 FBI findings to within one percent. The FBI found arrest circumstances account for 40 percent of the police officers assaults. As shown by the results of this study, responding to and handling a disturbance call (bar fight, family quarrel, etc.) accounts for 24 percent of the resistful incidents. Intervening in this type of situation can be quite hazardous for the safety of the officer, particularly if he/she is alone. This finding is supported by the FBI (1990) findings where disturbance calls account for 26 percent of the assaults. The conclusions in this study are also confirmed in the Bayley and Bittner study (1985) where police had to use force more commonly in citizen resistance incidents involving disputes and interper- sonal conflicts. As shown by the results of this study, conducting a traffic stop was the next most likely circumstance where police are likely to experience resistance (15 percent). The FBI (1990) found 10.9 percent of the police officer assaults occurred during a traffic stop. This study's findings are slightly higher than the FBI findings. The results of this study are also slightly higher than the Fyfe study (1989). In a violence reduction study conducted between the police and citizens in Florida, Fyfe found that less than 10 percent of the traffic stops resulted in citizen resistance. Margarita (1980) found in a study of police homicides that a significant percentage were during a traffic stop. How- ever, the conclusions in this study do not support the conclusions in the Bayley and 130 Garofola study (1985). They found that traffic stops did not result in citizen resistings or the use of force by the police officers. The four previous types of circumstances discussed account for approximately 78 percent of the resistful encounters police officers confront. The remaining individual circumstances where resistance occurs is less than 9 percent for each individual circum- stance. There were no police ambushes reported during this study. While frequency of occurrence is minimal in these underrated areas (investigating a suspicious person/ circumstance, transporting prisoners and handling mentally deranged individuals) it is concluded that an improper response or approach to this type of incident can be critical for the police officer. Attempting to verbally control a mentally deranged citizen, whether armed or unarmed can pose significant safety problems to the officer and others. Moreover, investigating suspicious circumstances and/or individuals frequently places the police officer in a position of disadvantage. This conclusion is also supported by two prior studies. Margarita in 1980 found an association between police homicides and assaults with investigating suspicious circumstances/individuals and attempting to handle mentally deranged citizens. The Michigan Law Enforcement Officer’s Training Council found in 1979, handling mentally or emotionally unstable individuals were significantly associated with resistings. Conclusion 9 As shown by the study findings, types of citizen resistance are more likely to occur under the following circumstances: 1. Defensive Resistance (60.5 percent) A. Misdemeanor arrest Disturbance call Traffic stop Handling a mentally deranged person $119.0!” Investigating suspicious circumstances/person 131 2. Active Aggression (47 .6 percent) A. Felony arrest B. Disturbance call C. Handling a mentally deranged subject D. Investigating suspicious circumstances/person 3. Verbal Non-Compliance (46.2 percent) A. Misdemeanor arrest B. Disturbance call C. Traffic stop D. Transporting and handling prisoners 4. Psychological Intimidation (25.2 percent) A. Misdemeanor arrests B. Transporting and handling prisoners 5. Passive Resistance (17 .8 percent) A. Civil disorder B. Traffic stops C. Handling a mental deranged person 6. Aggravated Active Aggression (7.1 percent) A. Felony arrest B. Handling a mentally deranged person Conclusion 10 The final set of conclusions, based on study results, measure to what extent do relationships exist between resistance type, arrest circumstance and the influence of alcohol or chemical substances. Both positive and negative correlations were found in these areas. A negative correlation does not, however, suggest that a particular variable is not important. Resistance may or may not be associated with an arrest variable and caution should be employed where making interpretations. 132 As shown by the findings of this study being under the influence or suspected of being under the influence of alcohol or chemical substance is significantly associated with citizen resistance. This conclusion is premised on the fact that when officers are confronting one citizen, which occurred in 89 percent of the incidents approximately 90 percent of these incidents the citizen is under the influence or is suspected to be under the influence of alcohol or a chemical substance. Alcohol intoxication is significantly correlated with verbal non-compliance, psychological intimidation, disturbance calls, handling mentally deranged individuals and conducting traffic stops. Being under the influence of alcohol is weakly associated with active aggression and aggravated active aggression. While a negative correlation exists between alcohol intoxication and defensive resistance, the fact that a sober individual may offer resistance is highly important. Sober individuals are highly ca- pable of offering resistance. Alcohol intoxication is also negatively associated with felony arrests. It can be concluded that as citizens engage in more serious crime they tend to use alcohol less and, therefore, alcohol does not become a factor as it relates to resistance in this situation. Suspected of being under the influence of alcohol is corre- lated with psychological intimidation, defensive resistance, misdemeanor arrests and disturbance calls. As shown by the study results, a significant association exists between being under the influence of a chemical substance and active aggression, misdemeanor arrests, felony arrests and disturbance calls. Police are likely to encounter some type of active aggression during these circumstances when citizens are under the influence of a chemi- cal substance. When the citizen is undcr the influence of a drug, defensive resistance is unlikely. Higher forms of physical resistance can be expected when citizens are under the influence of a chemical substance. Citizens suspected of being under the influence of a chemical substance are more likely to exhibit verbal non-compliance. Circumstances where this is likely are: traffic 133 steps, investigating suspicious individuals/circumstances and handling mentally ill individuals. A negative correlation was found between responding to disturbance calls and the police suspecting the citizen to be under the influence of a chemical substance. Based on the results of the study alcohol has a higher likelihood of being associ- ated with resistance that do other drugs (55 percent vs. 6 percent). Particularly when officers confront one citizen. Police should be aware that resistance is more likely when encounters involve citizens who are under the influence of alcohol, misdemeanor ar- rests, disturbance calls, traffic stops and when handling mentally deranged subjects. The findings of this study in regard to alcohol intoxication and citizen resistance confirm findings of previous studies. The Croft study (1985) reveals that citizens were under the influence of alcohol in 80 percent of the use of force situations. Tech (1969) found that alcohol played a major role in citizen assaults on officers. Friedrich (1980) found that the general state and level of intoxication of the citizen influence the use of force utilized by the police. He found 70 percent of the incidents, the citizen was drunk or showed signs of intoxication. In 1979, the Michigan Law Enforcement Officer Training Council reported that 55 percent of the citizens who resisted arrest of the police were under the influence of alcohol and/or other drugs. Reecmendatiens Study findings and conclusions suggest the following recommendations for the uniform patrol officer: A. Training: 1. PPCT should develop training curriculum both at the recruit and in- service patrol officer level in Citizen Resistance Analysis. An 8- to 16- hour program should be designed to educate officers and should consist of the following areas: 134 . The dynamics of police-citizen encounter and the arrest circum- stances associated with the types of citizen resistance. . Citizen behavior assessment—including profile information and how alcohol/drugs and the arrest circumstances relate to the resistful incident. Proper initial citizen behavior assessment is crucial for officer safety and use of force decision-making. . Violence in police work and how this may add to resistful encounters. . Based on the dynamics of the resisting incident a block of instruction in the use of force decision making is needed. . This training curriculum should be supported with video tapes of actual resisting incidents and their circumstances for case analysis by the officers. . PPCT should expand the current 16-hour Advanced Survival Training curriculum to include training on how to respond to arrest circumstances where the most cornmon types of resistance are likely. This would include proper tactical responses to traffic stops, disturbance calls, misdemeanor arrests and felony arrests. This training should also include tactical attitude awareness of responding to and handling these circum- stances particularly when encounters involve citizens who are under the influence of a drug (including alcohol). . PPCT should expand the defensive tactics instructor curriculum to include the following: a. Based on study findings update the Force Continuum to include more detailed information on the types of citizen resistance which are likely to occur in arrest situations. 135 b. The level of resistance in the Force Continuum should reflect a discussion on the nature of the circumstances in which citizen resis- tance is likely. This would include an updated discussion on the magnitude that alcohol and drugs have on citizen resistance and their prevalence. c. Information from this study on citizen resistance should be linked to reactionary time principles in order to enhance the officers safety. Citizen profile information could be included in this area for officer consideration when approaching a citizen in an arrest or interview situations. 4. Training in general for police officers should be expanded in verbal communication skills. This study as well others reviewed for this research speak to the perception of the citizen in regard to the officer during these encounters. Officers should attempt various verbal defusing strategies when placing a citizen under arrest, if possible. Receiving updated training every 2-3 years in this area is highly recommended. This is essential in handling traffic stops, disturbance calls, investigating suspicious individuals/circumstances, and confronting mentally ill individuals. 5. Training curriculum should be designed in responding to mentally deranged individuals. Typically in the past this type of training has received little or no training, both in the academy setting or for in- service officers. While these types of resisting circumstances occur on a limited basis, mishandling them can be critical. A 16- to 24-hour pro- gram is recommended which would assist the officer in how to properly assess and respond to an encounter of this nature. 136 6. Police departments around the country should highly consider making in- house defensive tactics instructors. Understanding the resisting nature of the police-citizen contact suggests that proper subject control techniques be utilized in these encounters. In-service officers should receive annual (8-16 hours) subject control refresher training. Creating in-house in- structors can ensure that veteran patrol officers are annually updated, their skills are refined, outside consultant fees can be diminished, liability can be decreased and morale can be increased. Annual defensive tactics training will help to satisfy the Canton v. Harris (1989) training standard outlined by the U. S. Supreme Court. 7. Police departments should also provide their veteran patrol officers annual training in use of force liability issues and use of force policy issues. Yearly the lower Federal Courts, as well as the Supreme Court rule on force issues. Changes in the legal responsibilities of the patrol officer occur quickly. To avoid legal penalties and to justify officer actions and procedures, training in this area is highly paramount. B. Management Issues 1. Police agencies across the country should update, revise or develop a proactive policy in the use of physical force for their department. Liability ofien hinges on the fact that a policy is the affirmative link between officer action and citizen injury in a use of force case. The policy should identify the types of resistance officers are likely to face in arrest circumstances and identify tactically, legally and medically sound subject control methods, as found in the PPCT system. Each officer should receive a copy of the policy, be trained in it annually and tested to its content as well. 137 2. This study found a correlation between two officers and one citizen in these resisting encounters. Police departments should strive to assign two patrol officers in one unit for patrol purposes. This recommendation will most likely create a controversial debate as some agencies have not found success with this idea in the past and it can be quite costly as well. However, this study found that control of the resisting citizen was estab- lished more effectively with two officers. Injuries were almost non- existent with both the officer and the subject. Safety of the officer is obviously enhanced in these situations and liability awards can also be decreased. Emlrerfiesearch The findings of this study have significant implications for future research. 1. PPCT should provide further research on how its training program is being conducted annually in the various academics and in-service training pro- grams nationwide. How is the training structured? How often is the training occurring? What is the impact the training program has made on law enforcement? These are a few questions that should be addressed after ten years of program implementation. 2. This study should be replicated according to longitudinal criteria. More departments across greater regions of the United States for a one or two year period is recommended. This would provide more data, over a longer period of time. This would assist in observing differences over regions and over more seasons of the year. 3. Research should be conducted which more closely analyzes resistful encounters between the police an mentally ill individuals. 138 4. Research should be conducted on how police decide to use or not to use physical force. 5. Research should be conducted on what types of subject control tech- niques are used to control resistive encounters and under what circum- stances they are used. 6. Research should be conducted on what type of police equipment is utilized in resistful encounters and under what circumstances the equip- ment is used. 7. Further research the police-citizen contact by analyzing whether the officer influences resistance by ordering the citizen to submit to arrest procedures or whether the citizen initiates the resistance, whereby caus- ing the officer to use force. D. . The results of this study as well as the recommendations provide meaningful and useful data that will substantially assist police officers to better understand citizen resistings during arrest situations. Moreover, recommendations relative to the study findings have provided the necessary information so that police training curriculum can be updated and revised. What remains to be accomplished is a non-biased review of these findings and recommendations and a strong commitment to implementing them. This is the most crucial phase of any study. This study was comprised of three phases; the fourth and final phase rests in the police departments as well as police trainers and educators who are ready to take pro-active measures in educating officers in the prob- lems of citizen arrest situations. The researcher has the confidence that many police trainers and police departments as well as the PPCI‘ organization will take the chal- lenge, and the researcher wishes them much success. 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Pilcher, Donald. W. Sage Publication, Newberry Park, CA, 1990. Reiss, Albert J. Jr. W19. Yale University Printing, 1971. Sherman, L. W. and R H. Langworthy. “Measuring Homicide by Police Officers.’ ’ The Journal of Criminal Law and Criminology, Number 70, 1979. Schultz, Donald 0. and J. Gregory Service. Wm. Charles C. Thomas Publisher, Springfield, IL, 1981. Siddle, Bruce K. W PPCT Publications, Millstadt, IL, 1991. Silva, Isidore. W. Matthew Bender Publishers, 1991. Skolnick, J. H. W. New York: Wiley and Sons, Publishers, 1966. 143 Stark, R. l' ' ' 'v ° l L nf r t. California: Focus/ Wadsworth, 1972. Sykes, R J. and J. Clark. ‘ ‘A Socio—legal Theory of Police Discretion.’ ’ In W E9199, Arthur Niederhoffer and Abraham Bloomberg, eds. New York: Holt, Rhinehart and Winston, 1976. Tech, Hans. V' ' ' t t h l f Vi l .Aldine Publishing Company, Chicago, IL, 1969. . WWW National Institute of Mental Health Center for Studies of Crime and Delinquency, U. S. Department of Health, Education and Welfare, US. Government Printing Office, 1977. W. “Law and Disorder.” April 1, I991. Toledo Blade, “Armed and Dangerous.” Toledo, Ohio, June 20, 1990. Westley, W. A. ‘ ‘Violence and Police.’ ’ WWW, Number 59, 1953. 0611'211'0'10001 00-: ht011111110. Cambridge, MA: The Massachusetts Institute of Technology, 1970. Weiner, N. and C. Willie. “Decisions by Juvenile Officers.” WW 81191919311. September, 1971. Wilson,J.Q. «11" '1. =‘1«_° I1_u.«..1«."-1 '-110 212.10.1'511.'1 W. New York: Antheneum, 1975. Wolfgang, Marvin E. W. University of Pennsylvania Press, Philadelphia, PA., 1958. and Franco Ferracutti W W. New York. Savistock Publications, 1969. U. S. Department of Justice. W229. Federal Bureau ofInvestigation, Washington, DC, 1990. CASES CITED Blais v. Town of Goffstown, 406A. 2d 295 (N .H. 1979). City of Canton v. Harris, 489 U.S.109, S.Ct. 1197, (1989). City of Lexington v. Gray, 499 SW. 2d72 (Ky.App.1973). Fobbs v. City of Los Angeles, 154 Cal. App.2d 464, 316 P2d,668 (1957). Chime] v. California, 395 US. 752. 89 S.Ct 2034 (1969). Gilmere v. City of Atlanta, 774 F.2d 1495 (11th Cir. 1985). Graham v. Connor, US, 109 S.Ct., 1865 (1989). Hostin v. United States, 566 F .Supp. 1125 (D.D.L. I983). Jamieson v. Shaw, 772 F.2d 1205 (5th Cir. 1985). Johnson v. Glick, 481F. 2d 1028, 1033 (2d Cir.l973). Martin v. Malhoyt, 830 F2d.237 (D.C.Cir.l987). Monroe v. Pape, 365 US. 167 (1961). Skinner v. Brooks, 74 Ohio App.288, 58 N.E.2d 697 (1944). Stein v. State, 53 AD. 2d 988, 385 N.Y.S. 2d 874 (1976). Tennessee v. Garner, 105 S.Ct. 1694, 85 LED. 2d1 (1985). Terry v. Ohio, 392 US. l, 9 (1968). Wise v. Brown, 666 F.2C, 1328 (10th Cir. 1981). 144 APPENDICES “Ferris State Univet’s‘rty APPENDIX A COVER LETTER January 22, 1991 Dear Law Enforcement Administrator: I am currently engaged in a research project which involves analyzing subject resistance in police arrest situations. I am a staff instructor of the P.P.C.T. Management Systems, Inc., the largest research-based use of force training organization in the United States. I have been awarded a grant to conduct this highly important study by Mr. Bruce Siddle, Executive Director of the organization. Presently, there is a deficiency of data across the nation which truly reflects the nature of the encounters police face on a daily basis. This project is designed to ferret out the true picture of physical resistings encountered by police. Presently, there are a number of outdated studies in a variety of regional areas across the country that have attempted to report certain characteristics of subject resistings. Many of these studies have published contradictory and confusing information which have left administrators, officers and trainers with limited information for training or managerial purposes. From my own experience in training police officers and police administrators, new information is needed to better equip the new officer and the veteran officer faced with physical encounters. For example, many officers I have trained or talked with consistently mention that encounters with subjects wielding edged weapons are increasing across the country. There are more reports of subjects who are mentally ill and/or under the influence of drugs offering resistance to the police. Over 750,000 ‘ ‘mentals’ ’ are locked in j ails across the country annually. There is a marked increase in ‘ ‘homeless’ ’ people living on the streets today, many of whom are armed and mentally unstable and they, too, continually offer resistance to the police. Changes in the human condition and society in general in the past eight years have altered the behavior of the citizenry today. As society is changing, so too has the nature of encounters the police are facing. In light of ‘ ‘ncw’ ’ and ‘ ‘changing’ ’ street resistful encounters facing the officer, a thorough and complete study of the problem nationwide is clearly needed. It is highly evident that an updated, realistic study of this nature needs to be conducted which will accurately measure the nature of resisting encounters facing the police today. The purpose of this study is to: 145 146 pa 0 Provide current, updated types of subject resistance. 2. Identify those types of resistance where drugs/alcohol are present and under what conditions. 3. Identify tmder what type of conditions weapons may prevail and the types of weapons used to assault officers. 4. Provide information relating to the actual nature of the situation which exists; i.e., street stop, domestic, bar fights, etc. Under what circumstances the encounter exists will be analyzed. 5. Provide information on how many subjects/officers are involved in the situation. 6. Provide a resistful subjects’ profile (characteristic of the subject). 7. Provide information on the extent of injury sustained by the officer and subject as a result of the encounter. 8. Provide information on the day of the week, which shift and the time of year these encounters occur. Based on the purpose and need of this study, I am respectfully requesting your department’s participation in this project for the next six months (February 15, 1991 through August 15, 1991). Enclosed you will find a ‘ ‘Subject Resisting Inventory’ ’ (SRI). The inventory is designed in a simple fashion so data relative to subject resistings may be recorded in a quick manner. I have made a preliminary pilot test of the inventory and it takes under 5 minutes (average) to complete. The intent is that each time a resisting occurs, a designated individual will complete the inventory with the necessary information. I have provided an instructional guide so the individual completing the form may refer to it for specifics in each item. One individual at your department should be designated to record the data in order to keep it as consistent as possible. Once that individual has been identified, please have him/her notify me at (616) 592-2837. If questions arise during the reporting period, please feel free to contact me. Please retain all inventories during the reporting period and return all copies at the conclusion of the study (August 15, 1991). In the interest of expanding professionalism and research in police work, I am sincerely requesting your participation in this project. Strict confidentiality of officers, supervisors and subjects will be 11131111911199 and W994. The inventory is designed so that names need not be identified. A project of this nature is long overdue and will greatly add to subject control, training of new and veteran officers, enhance advanced officer survival skills/training, increase officer safety, and assist in management decisions for efficient manpower allocation and manpower deployment. As a participant, you will receive a complete copy of the study. Projected completion date is planned for late 1991. 147 Your effort in compiling this important data will ultimately contribute to the overall safety and tactical considerations of police officers. Please notify me as soon aspossible when you decide to participate in the study as I am desirous of starting the project on February 15, 1991. Thank you for your cooperation in this endeavor. I look forward to your response. Sincerely, EYWXW‘ Darrell L. Ross PPCT Staff Instructor Technical Assistance Coordinator Criminal Justice Institute Ferris State University Enclosures APPENDIX B SUBJECT RESISTING INVENTORY WWW Irstructions man]: you for participating in this important national research project sponsored byPPCI‘thnagementSysteas, Inc. Pleasetrackresisting incidentsbeginningon February 15, 1991 thru August 15, 1991. At the conclusion of the reporting period, please forward g1 inventories to: criminal Justice Institute, Ferris State University, 512 Bishop Hall, Big Rapids, 49307, c/o Darrell L. Ross. If you have any questions during the reporting period, please call Darrell Ross at (616) 592-2837. W All individuals responsible for carpleting this 1. PleasenoticethattherearethreeCB)pagestothisform,onepageisfrortt andbackandonesinglepage. 'Ihesethreepagesanstbecmpletedforeach incident. 2. When coapleting the inventory check _a_l_l of the options that apply to the particular item. 3. Whencodingthe race of the officerandsubject pleaseuseagimlg letter, as follows: W = White, B = Black, I = American Native Indian, H = Hispanic, C=O.1ban, P=RiertoRican,A-Asianor0=0ther. 4. You may duplicate the forms as needed. 5. When recording data in the subject resistance section, please adhere to the following definitions: a. Molggig mimidation: 'Ihis refers to the subject's non-verbal cues indicating the subject's attitude, appearance and body larguage exhibiting signs of physical readiness. Ebcaaples may include, pacing, pounding fists together, looking around, assmning some type of fighting stance, etc. b. W Verbal expressions/responses indicating the subject's willingness to comply with the officer's contends: profanity and verbal threats aimed at the officer. Refusal to obey lawful direction or caamands. o. W Physical actions that do not prevent the officer's attempt of control. Ehcaaples may include a subject going liap, dead weight or demonstrators linking arms . d. gmive gistance: Physical actions which atteapt to prevent the officer's control, but never intended to harm the officer. Maples may include pushing the officer, twisting away, pulling away or breaking officer's grip of subject. e. Wig; Physical actions of assault with intentions of the subject to harm the officer physically. Dcaaples may include strikes, kicks, and assaults, using personal weapons. f. Wt; This refers to deadly force amounter. Ebtaaples include assaults involving lethal force, weapons, and basically felonious assault. In this section please check a_ll options that are appropriate. Your accurate data collection and cooperation is sincerely amreciated! Please keep the booklet in a secure and accessible place to record the necessary data, Such as in a supervisory office. Thank you! 1!“ I 149 mm _ _ Mather of officers involved in the incident Primary foa‘sar W" '5! W m Uniform Patrol Ncn Uniform Patrol Investigator Patrol apervisor Other: Wee Brysiczl Injuries kporbed? Yes Yes _ E E cieck all type of injuries sustained: Bruises, Scratches or Abrasions alts Brow benes or teeth Loss of moieusness Knife mind or stabbed with object: Gmshot wotmd Internal injuries min or dislocation Bins Back injury Knee injury Bitten Other: medical treatment? _Yes _ 5 3 Yes_ finial m mitt-:1: Dram only heated :- released Hospitalized my: hoaitalized 6 Ya __ Yes_ 5 Hll E W Wasthenautreoftherusistancedueto: Effect: a misdemeanor arrest. fec: a felony arrest. Disturbance call (damstic, bar fight. fight, etc.). Civil disorder (crud control, derottstrators, protats, etc.). Hattilirtg, transporting custody of prisoner. Amish (officer attacked without wasting) . Mentally deranged. Investigatirq suspicious persavcirumstanca. . huffic stop. Other, describe: a e e e e a e I l0*l|l| 0003\1 W (Note 953'er and check all that 39.01%) 1. Psgcological Locomotion (' icy language indicating physical readiness). Verbal. ron-cztpliance. 3. Passive resistance (dead weight, liap, etc.) . Defensive resistance (Wis-ting, plum; away from officer). Accive aggression (physical actions of assault) (died: all that apply) N e ‘. | U. a .J . Kick _5. Attempting to disarm officer Pmch _5. Head but: . Slap _7. Other, describe: _4. Grab aggravated active aggression (deadly force matters, i.e. m used) (check all thac apply) _ . Knife/edged mapm: describe: Club/pipe [J e L! m e [J l4 e . Officer's firearm . Batch . melting officer . Other: describe: WM IJ e 4. I“ la ltfl my of week: _____1. My _4. “dreamy _7. Saturday _2. My _5. mmsday _3. ‘maday __6. Friday tin of my: _a.a. ___o.:a. _1:oo-2:oo _7:00-8:00 _2:oo-3:oo _8:00-9:00 _3:00-4:oo _9:oo—10:oo _4:oo-5:oo _10:00-ll:007 _5:OO-6:00 _ll:OO-12:OO _6:oo-7:oo _izzoo-izoo Darth of Year: _1. February __5. June _2. mm ___6. July _3. April __7. Amt-15!: _4. my _meber of sworn officers in the deparaent. 150 M mm: _ Ntanber of subjects involved. ill-aim]. Race Sex: _M _F Age: Approximate Height Approximate Weight At arrest was subject intoxicated Sispected under influence of alcohol Under influence of chemical drug Suspected tmder influence of chemical drug Mentally deranged Were physical injuries reported? Greckalltypesofinjuriosreported: Bruises, scratches or abrasions Qlts Broken bones or teeth loss of consciousness Gatshot wotmd Internal injuries Sprain or dislocation Back injury Fatal injury Knee injury Other: mammly treated5r'eleased__ Hospitalized Days Hospitalized Pleaselceepthisirwentoryinthebooklet. Thank fo 151 Im C _Yes _No _Yes _No '5 endeavor!