Police Crime and Less-Than-Lethal Coercive Force: A Description of the Criminal Misuse of TASERs

Published date01 March 2012
Date01 March 2012
AuthorBradford W. Reyns,John Liederbach,Philip Matthew Stinson
DOI10.1350/ijps.2012.14.1.237
Subject MatterPaper
PSM.Prelims.Mk2.doc..New prelims .. Page1
International Journal of Police Science & Management Volume 14 Number 1
Police crime and less-than-lethal coercive
force: a description of the criminal misuse
of TASERs

Philip Matthew Stinson, Sr‡, Bradford W. Reyns† and
John Liederbach§

‡(Corresponding author) Criminal Justice Program, 223 Health Center, Bowling Green State
University, Bowling Green, OH 43403-0148. Tel:+1 419-372-0373; e-mail:
stinspm@bgsu.edu
†Department of Criminal Justice, Weber State University
§Criminal Justice Program, Bowling Green State University
Submitted 31 January 2011, revision submitted 28 June 2011,
accepted 28 July 2011

Keywords: angry aggression theory, coercive force, conductive energy
devices, less-than-lethal force, police crime, police misconduct, police
violence, TASER
Philip Matthew Stinson Sr, JD, PhD, is an
International Journal of Police Strategies and
assistant professor in the Criminal Justice Pro-
Management, and Criminal Justice Review.
gram at Bowling Green State University. His
research interests include the study of police
crime and police misconduct. Recent articles of
ABSTRACT
his have been published in Criminal Justice
This study explores and describes the nature and
Policy Review, Police Quarterly and The Prison
character of cases involving the criminal misuse of
Journal.
TASERs by police officers through a content
Bradford W. Reyns, PhD, is an assistant pro-
analysis of newspaper articles. The news-based
fessor in the Department of Criminal Justice at
content analysis identified 24 police officers who
Weber State University. His research primarily
were arrested for crimes involving inappropriate
focuses on victims of crime, especially the inter-
use of TASERs over a 65-month period from
section of technology and victimisation, and
January 2005 to May 2010. Data on these
opportunities for victimisation. His articles have
cases are presented in terms of: (a) the arrested
appeared in Crime Prevention & Community
officer, (b) victim characteristics, and (c) the situ-
Safety, Youth Violence and Juvenile Justice, and
ational context of these events. The news-based
Police Quarterly.
content analyses were used to identify and
John Liederbach, PhD, is an associate pro-
describe some factors that were common among
fessor in the Criminal Justice Program at
these events, especially with regard to the actions
Bowling Green State University. His primary
and motivations of the arrested officers and how
research interests include the study of police
the situational context appeared to influence the
behaviour across community types, suburban
criminal misconduct of officers. The findings indi-
and rural policing, and white collar crime. He has
cate that the cases examined did not involve
International Journal of Police
Science and Management,
published in numerous journals, including Jus-
much, if any, situational risk to the officer. The
Vol. 14 No. 1, 2012, pp. 1–19.
DOI: 10.1350/ijps.2012.14.1.237
tice Quarterly, Police Quarterly, Policing: An
criminal misuse of TASERs seems more likely to
Page 1

Police crime and less-than-lethal coercive force
involve suspects who are already handcuffed, or
Research on the use of TASERs shows
even citizens who are clearly not criminals at
that they can be used effectively to subdue
all.
and control dangerous suspects and reduce
injuries to both suspects and police officers
(Harris, 2009; Taylor, 2009; White &
BACKGROUND
Ready, 2007). Similar to other types of
Crimes committed by police officers are, by
weapons such as firearms, batons or metal
their nature, special and deserving of schol-
flashlights, CEDs can also be used exces-
arly attention, because the law affords police
sively and/or inappropriately. Popular
unique rights and responsibilities, including
media accounts provide anecdotal evidence
the legal authority to use coercive force,
regarding the criminal misuse of TASERs
specialised training and access to weapons
by police, including cases that resulted in
not available to ordinary citizens. The posi-
significant injuries and even deaths to sus-
tion also provides unique opportunities for
pects and others (Amnesty International,
misconduct and crime, including the use of
2008; White & Ready); but, we are not
excessive force against suspects and other
aware of any existing empirical research on
the criminal misuse of TASERs by police
citizens, the provision of false courtroom
officers.
testimony, opportunistic thefts and ‘shake-
More data on the criminal misuse of
downs’ of vice criminals and racketeers.
TASERs by police would benefit scholars,
Very few studies have provided specific data
police organisations and the general public.
on the nature and prevalence of police
First, more data would provide a modicum
crime, but some scholars have broached the
of empirical evidence to public discourse
topic within the context of more general
on a topic that has become increasingly
studies on police corruption or misconduct
controversial and inflammatory. The Uni-
(see, eg, Foster, 1966; Fyfe & Kane, 2006,
versity of Florida TASER incident involv-
Reiss, 1971; Ross, 2001).
ing a student protestor at a political rally for
One aspect of police work that creates
US Senator John Kerry has become a well-
unique opportunities for crime is the issu-
worn cultural icon (Hesse, 2007; Nizza,
ance of special weapons such as conductive
2007). More recently, Amnesty Interna-
energy devices, or CEDs. These have been
tional published a widely cited report on
adopted by law-enforcement agencies across
the death of 334 persons after being shot
the globe because they offer a ‘less-than-
with a CED by police (Amnesty Inter-
lethal’ method for gaining control of sus-
national, 2008). These and other highly
pects (Heal, 2000; Trostle, 1990). The most
publicised sources have increased the public
popular brand of CED is the TASER®,
profile of TASER cases; but the product-
which is an acronym for Thomas A. Swift
ivity of the ensuing debates has thus far
Electric Rifle. The United States Govern-
been limited by the absence of sufficient
ment Accountability Office (2005) esti-
empirical data.
mated that over 7,000 law-enforcement
Studies on the criminal misuse of
agencies in the USA use the TASER, with
TASERs by police could also inform policy
over 140,000 units issued. More recent
and research. The debate regarding the most
industry sources indicate that as many as
effective means of controlling excessive
11,500 law-enforcement agencies use
force and brutality has been increasingly
CEDs, with the TASER X26 being the
influenced by the development of so-called
preferred model (Amnesty International,
‘less-than-lethal’ technologies, including
2008).
TASERs. These technologies have been
Page 2

Stinson, Reyns and Liederbach
touted as providing a safe and effective non-
describes how psychological factors may
lethal option for incapacitating dangerous
influence the excessive use of force by
suspects (Heal, 2000). The introduction of
police; a line of research that could be used
these weapons has also led to the emergence
to infer some correlates associated with the
of a some significant problems with regard
criminal misuse of TASERs.
to safety and the degree to which they may
expand the scope of police liability in use of
Police use of force and CEDs
force incidents (Bowling, Gaines, & Petty,
A number of key issues converge within the
2003). An officer who chooses to use less-
context of CED deployments, including
than-lethal alternatives, including TASERs,
the need to define and distinguish CEDs,
can still be sued and accused of using exces-
the manner in which they operate, and the
sive force (Dorsch, 2001). Police organisa-
factors that may influence police decisions
tions have thus far been forced to enact
to deploy them. A number of key legal
policies designed to govern the use of
issues surrounding the use of CEDs have
TASERs and other less-than-lethal weapons
also emerged with regard to when and how
absent adequate empirical data and evi-
they are deployed, and under what condi-
dence regarding how these weapons can be
tions their use should be defined as ‘exces-
misused. Research that provides informa-
sive’. Finally, the criminal misuse of CEDs
tion on arrested officers, their victims and
needs be considered within the context of
the context surrounding these crimes could
the more general literature on police vio-
help to develop more effective user guide-
lence. This line of research suggests that
lines and training to prevent future events.
police violence may be associated with
The purpose of the current study is to
particular situational and psychological
explore and describe the nature and char-
factors.
acter of cases that involve the criminal mis-
The CED (also commonly referred to as
use of TASERs by police through a content
a ‘stun gun’) has recently become a popular
analysis of newspaper articles. The news-
tool in the police arsenal (Adams &
based content analyses identified 24 police
Jennison, 2007). These devices offer a less-
officers who were arrested for crimes
than-lethal alternative to firearms by allow-
involving the criminal misuse of TASERs
ing officers to temporarily incapacitate
over a 65-month period from January 2005
dangerous suspects with an electrical shock.
to May 2010. Data on these cases are pre-
The most popular models used by police
sented in terms of: (a) the arrested officer,
are the TASER International brand M26
(b) victim characteristics and (c) the situ-
and...

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