Principles of the use of force

The United Nations Convention on Basic Principles on the Use of Force and Firearms by Law Enforcement Officials adopted by the UN Congress on the Prevention of Crime in Havana in 1990 ^[1] represents the formal basis for the development of models in national law enforcement organizations.

The first practical models were apparently developed by US law enforcement agencies during the 1980s ^[2] . One of the important factors that led to their emergence was the Tennessee v. Garner lawsuit, which demonstrated the uncertainty of the regulatory field in the field of use of force by the police. The models were graphical schemes that allowed the police officer to compare the standard levels of resistance of the suspect with a permissible measure of the use of force and choose an adequate response to actual behavior in a real situation. Models suggested that a law enforcement officer, guided by the scheme, increases or decreases the actual use of force in accordance with the situation ^[3] . In most practical models, a police officer can immediately apply a level of force adequate to the environment without going through all the lower steps.

The standard of use of force, as a rule, is a generally accessible normative document and is used by the court and citizens to assess the adequacy of the behavior of law enforcement in practical court cases ^[4] .

Actual models institutionalized in the form of a law or an organizational norm can differ significantly from state to state or from organization to organization, in accordance with national traditions and organizational tasks. One of the common models is a six-speed ^[5] :

1. The presence of a police officer - this level consists only of the presence of a police officer in a regular uniform, possibly with a properly marked means of transportation (motorcycle, car, boat). A presence with an obvious opportunity for entities to understand the presence of a police officer is usually sufficient to meet the requirements of the law and stop minor offenses. Depending on the situation and the number of people on the spot, this level of use of force may require the presence of several police officers to confidently control the situation. In some models, unfastening a holster by a police officer and even extracting weapons from them falls within this level of use of force. ^{[6] [7] [8]}
2. Oral requirements / commands - clear and understandable oral instructions of the police officer to the subject of the use of force. In most models, the police officer has the right to supplement his orders with warnings about the consequences for non-execution of orders, in order to improve the degree of cooperativeness of the subject. Orders must be enforceable and legal, and warnings must correspond to the steps of the model of the use of force, in case the subject refuses to comply with orders. It is likely that, for example, requiring a person in a wheelchair to stand up will be unfeasible. Compliant and legal will be the requirement for the driver to stay in the car and keep his hands on the wheel. ^{[7] [7] [9]}
3. Simple force action - This step includes wringing hands, pressing on pain points and the usual use of handcuffs. At this stage, there is the likelihood of causing slight harm to health, but there is very little chance of causing serious harm in the form of bone fractures or torn ligaments. ^{[7] [9] [10]} .
4. Harsh force - Level includes punches and kicks, which may include the use of batons and tear aerosols. At this level, there is a noticeable likelihood of harm to the health of the subject in the form of fractures, sprains and tears of the ligaments, as well as irritations of the skin, eyes and mucous membranes. Some models do not distinguish this level of impact as a separate level, dividing specific types of violence between the levels of “Simple force impact” and “Use of special equipment” ^{[7] [9] [11] [12]} .
5. The use of special tools - the use of electroshock devices, plastic bullets, water cannons, and police dogs belongs to this stage. In some models, the use of batons and tear aerosols may relate to this level. As a rule, special tools are intended to affect muscle tissue, arms and legs. In some jurisdictions, the intentional use of special equipment in the area of ​​the head, neck, groin, patella, back can be qualified as the use of lethal force . ^{[9] [11]}
6. Lethal Force - As a rule, this stage of influence is understood as a firearm. However, in this capacity both a car and any improvised weapon with the necessary properties can act. At this stage of exposure, it is very likely to cause death or serious harm to the health of the subject. ^{[7] [9] [10]}

All models of the use of force are based on an assessment of the behavior of the subject and determine the criteria on the basis of which a law enforcement officer decides to use one or another stage of the model of the use of force. The following is an example of a basic classification of behavior.

• Active assistance - a person, on his own initiative, assists law enforcement officers in restoring order, fulfills their oral requirements ^{[9] [13] [14]} .
• Passive obedience - a person recognizes the authority of a law enforcement officer and fulfills his oral requirements ^{[9] [13] [14]} .
• Passive resistance - a person does not comply with the requirements of a law enforcement officer, but does not resist physical coercion by law enforcement officers ^{[9] [13] [14]} .
• Active resistance - the person does not comply with the requirements of a law enforcement officer, resists physical coercion by the employee, but does not try to cause physical harm to the employee or others. ^{[9] [13] [14]}
• Active aggression - a person does not comply with the requirements of a law enforcement officer, resists physical coercion by the employee and tries to inflict physical harm on the employee or others. ^{[9] [13] [14]}

The laws of some countries further subdivide active aggression into unarmed (if the subject attacks police officers or others without using any tools: for example, punches) and aggression using deadly force (as a rule, it is enough for such a qualification that the attacker is armed stick or sharp object).

As a rule, levels 1-3 of the model are applied to persons exhibiting passive behavior or active resistance, and levels 4-6 are applied to active aggressive behavior. Specific implementations of the model usually detail the use of certain special tools and weapons in typical situations. For law enforcement officers, as a rule, a mnemonic table is compiled, which allows, after assessing the degree of threat from the subject, to select an adequate response according to the accepted model. Law enforcement officials are required to have a solid understanding and ownership of the table.

• Garner, Joel H. Measuring the Amount of Force Used By and Against the Police in Six Jurisdictions (Neopr.) (PDF). National Institute of Justice. Date of appeal September 26, 2006.
• Grossi, Mark Setting the record straight on force continuums (unspecified) . The Police Marksman Magazine (June 2, 2006). Date of treatment November 25, 2006.
• Stetser, Merle. The Use of Force in Police Control of Violence: Incidents Resulting in Assaults on Officers. - New York: LFB Scholarly Publishing LLC, 2001 .-- ISBN 1-931202-08-7 .
• Law of War, Rules of Engagement, and Escalation of Force Guide, Marine Corps Center for Lessons Learned. August 31, 2007.
• marinecorpsconceptsandprograms.com
• Basic principles for the use of force and firearms by law enforcement officials (neopr.) . un.org. Date of treatment September 28, 2016. Archived on September 28, 2016.