Analyzing Use of Force Events: Methodology, human factors, and BWC’s.
Law enforcement officials have the lawful authority to use force for the purposes of compelling legitimate government interests and for defense of self or others. Such force is evaluated against what a “reasonable officer” would do if confronted with the same facts and circumstances. As a practical matter, most force employed by officers is easily explained. Controversial uses of force are much rarer and are often not readily understood by the community. In truth, they can also be misunderstood by police agencies and prosecutors. These are the types of events which lend themselves to increased scrutiny and necessitate a defensible use of force investigation/analysis. The ultimate findings, and the way that they were determined, have implications for the agency and prosecutor’s office. As such, this course is designed to (1) give participants the tools necessary to craft comprehensive, well-reasoned, and defensible use of force investigations/reports; and (2) give those who review use of force investigations/reports the tools to recognize the strengths and weaknesses of the investigation/report. To do this, the course will:
- Provide a methodology for analyzing use of force events that will withstand scrutiny.
- Introduce human factors and performance concepts which can influence the officer’s perception of threat, force option chosen, delivery of force, and recall of the event.
- Illustrate the type of information that a body worn camera can (and cannot) provide, along with common misuses of BWC video in use of force analysis.
- Consider the “reasonable officer,” the meaning of “immediate” in force events, and detailing “totality of the circumstances” when crafting an opinion on a force event.
The training culminates in practical exercises where participants analyze and prepare findings related to actual force events using BWC and supporting information from those events. The participant conclusions will be discussed and compared against judicial findings or prosecutor reports explaining qualified immunity or charging decisions related to those events.
The course is two-and-a-half days.
Brian N. O’Donnell became a part of the Eagle Security Group expert witness team after retiring from the Charlottesville Police Department. He holds the advanced Specialist designation from the Force Science Institute and is certified in Enhanced Force Investigations: Applying Science, Evidence-Based Methods & The Cognitive Interview from Critical Incident Review. Brian was a speaker at the 2019 Force Science Conference, where he presented “More than meets the eye: Visual perception and mistake of fact shootings.” A peer-reviewed article was published on the same topic. He has been recognized as an expert on the impact of acute stress on executive function and decision making. Brian presented at the Use of Force Evaluation training hosted by the North Carolina Conference of District Attorneys, in Raleigh, NC., earlier this year and has presented on topics surrounding use of force/evaluation for the Commonwealth’s Attorneys Services Council.
John T. Pittman entered duty with the Federal Bureau of Investigation in 1997. He was assigned to three different offices: Newark Division, Garret Mountain, New Jersey Resident Agency; Albuquerque Division, Gallup, New Mexico Resident Agency; and Richmond Division, Charlottesville, Virginia Resident Agency. John retired from the FBI in November 2021. Pittman has extensive experience investigating violent crimes for charging decisions and prosecutions. Since retiring from the FBI, John has worked with Brian in developing training to include Practical Intervention Training for the Virginia Commonwealth Advisory Council and Use of Force Evaluation for the North Carolina Conference of District Attorneys.
Questions or inquiries can be sent to bluematters@odonnellpittman.