Comparing Safety Outcomes In Police Use-of-force Cases For .

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Comparing safety outcomes inpolice use-of-force cases forlaw enforcement agencies that havedeployed Conducted Energy Devicesand a matched comparison groupthat have not:A quasi-experimental evaluationSeptember 2009Report submitted to the National Institute of JusticePERF Project Staff:Bruce Taylor, Ph.D., Research Director Daniel Woods, Associate Bruce Kubu, Senior Associate Chris Koper, Ph.D., Deputy Research Director Bill Tegeler, Deputy Director, Management Services Jason Cheney, Associate Mary Martinez, Associate James Cronin, Senior Associate Kristin Kappelman, Associate

Comparing safety outcomes inpolice use-of-force cases forlaw enforcement agencies that have deployedConducted Energy Devices and a matchedcomparison group that have not:A quasi-experimental evaluationSeptember 2009Report submitted to the National Institute of JusticePERF Project Staff:Bruce Taylor, Ph.D., Research DirectorDaniel Woods, AssociateBruce Kubu, Senior AssociateChris Koper, Ph.D., Deputy Research DirectorBill Tegeler, Deputy Director, Management ServicesJason Cheney, AssociateMary Martinez, AssociateJames Cronin, Senior AssociateKristin Kappelman, Associate

This study was funded by the National Institute of Justice (Grant # 2006-IJ-CX-0028).The views expressed are those of the authors and do not necessarily represent the viewsor the official position of the National Institute of Justice or any other organization.Police Executive Research Forum, Washington, D.C. 20036Copyright 2009 by Police Executive Research ForumAll rights reservedEdited by Craig FischerCover and interior design by Dave Williams

Table of ContentsAbstract .1Executive Summary .2Chapter 1: Introduction .9Chapter 2: Literature Review.12Chapter 3: Research Design and Methods .21Chapter 4: Study Results.35Chapter 5: Discussion and Conclusion .59References.72Appendices.79

AbstractHow law enforcement agencies (LEAs)manage the use-of-force by officers isperhaps one of the most important tasks thatthey will undertake. One weapon that hasbeen advanced as a way to reduce injuriesfor officers and suspects is the ConductedEnergy Device (CED). The purpose of ourproject, conducted from late 2006 to 2008,was to produce scientifically valid resultsthat will inform LEA executives’ decisionsregarding CED use. The goal of our studywas to produce practical information thatcan help LEAs establish guidelines thatassist in the effective design of CEDdeployment programs that support increasedsafety for officers and citizens. Weconducted one of the first quasi-experimentsto compare LEAs with CED deployment(n 7) to a set of matched LEAs (n 6) thatdo not deploy CEDs on a variety of safetyoutcomes, controlling for a variety ofincident factors (force used by officer, timeframe of incident, suspect race/gender/age,suspect resistant behavior, and suspectweapon use) and agency-level factors(agency policy on CEDs, size/density ofLEA, and population density forjurisdiction). For the LEAs that deployedCEDs, we collected two years of data beforeCED deployment and two years of data afterCED deployment. For the non-CED sites,we collected four years of data over asimilar period.Overall, we found that the CED siteswere associated with improved safetyoutcomes when compared to a group ofmatched non-CED sites on six of nine safetymeasures, including reductions in (1) officerinjuries, (2–3) suspect injuries and severeinjuries, (4–5) officers and suspectsreceiving injuries requiring medicalattention, and (6) suspects receiving aninjury that resulted in the suspect beingtaken to a hospital or other medical facility.(We refer to this last category as“hospitalization,” although we have no dataon the extent to which officers or suspectswho went to a hospital or other medicalfacility were admitted and stayed overnight,as opposed to simply receiving an evaluationor treatment and being released.)Also within CED agencies, in somecases the actual use of a CED by an officeris associated with improved safety outcomescompared to other less-lethal weapons. Forfive of the eight comparisons, the caseswhere an officer used a CED wereassociated with the lowest or second lowestrate of injuries, injuries requiring medicalattention, or injuries officer was taken to amedical facility such as hospital or medicalclinic for treatment of an injury due to a useof-force incident requiring “hospitalization”(see comment in previous paragraph). Therewere no differences between the CED andthe non-CED sites on the outcomes of thenumber of suspect deaths, officer severeinjuries, and officer injuries requiringhospitalization.The evidence from our study suggeststhat CEDs can be an effective weapon inhelping prevent or minimize physicalstruggles in use-of-force cases. LEAs shouldconsider the utility of the CED as a way toavoid up-close combative situations andreduce injuries to officers and suspects.PERF’s Quasi-Experimental Evaluation on Deployment of Less Lethal Weapons1

Executive SummaryThe management of police officers’ useof force is perhaps one of the mostimportant tasks that a law enforcementagency (LEA) will undertake. LEAexecutives have to make important policydecisions on the types of force that will beauthorized, technologies to deliver thatforce, and when and how often various typesof force can be used. One of the keyobjectives in managing force is designingapproaches to reduce incidents of police useof force and the injuries associated withforce. One weapon that has been advancedas a way to reduce injuries for officers andsuspects is the Conducted Energy Device(CED). Law enforcement executives havebeen overwhelmed with questions about theeffectiveness of CEDs and the safety ofthese devices. The lack of availableinformation and a full understanding of theeffects of using CEDs has hampered theability of police executives to makeinformed policy decisions about thesedevices. Police executives have beenprovided with little independent scientificevidence and guidance on the impact ofusing CEDs. While decades of research havedocumented the nature and extent of theforce used by police and the conditions andcorrelates that affect its application (Smith etal., 2007), little research has been doneisolating the effects of using CEDs oninjuries to suspects and officers.Project purpose, goalsand objectives:The purpose of our project was to producescientifically valid results that will informLEA executives’ decisions regarding the useof CEDs. The goal of our study was toproduce practical information that can helplaw enforcement executives make gooddecisions about whether to deploy CEDs,and if a decision is made to deploy them, tohelp the agencies develop CED policy andprocedural guidelines that provide increasedsafety for officers and citizens. In order toaccomplish this goal, our objective was toconduct an evaluation comparing LEAs thathave deployed CEDs to a matched group ofLEAs that have not deployed CEDs in termsof officer and suspect safety during use-offorce incidents.Research design:Our team used a quasi-experimental design(QED) to compare departments with CEDdeployment (n 7) to a set of matcheddepartments (n 6) that do not deploy CEDson a variety of outcomes. With our QED, weare able to isolate the safety outcomes to beexpected if a department deploys CEDs,controlling for a variety of relatedorganizational and individual/incident-levelfactors.A key element for all QEDs is theprocess used to select a comparison group.In our study, we used a matching design.CED (n 7) and non-CED (n 6) sites werematched based on violent crime levels,PERF’s Quasi-Experimental Evaluation on Deployment of Less Lethal Weapons2

police activity, agency size, and populationsize of jurisdiction. The inclusion of 13departments allows us not only to assessincident-level factors, but also someimportant departmental/organizational-levelfactors that could affect outcomes. Ourstudy is one of the first to examine LEAsthat use CEDs to matched LEAs that do notuse CEDs.We collected four years of data on allincidents of use of force for all of theparticipating departments. For the LEAs thatdeployed CEDs, we collected at least twoyears of data before CED deployment andtwo years of data after CED deployment.For the LEAs that did not deploy CEDs, wecollected at least four years of data over asimilar period. While the focus of our studywas on the use CEDs, we also collected dataon all use-of-force incidents (not just CEDcases) and examined the range of weaponsand unarmed tactics that the police employin exerting force to arrest suspects.Site participants:Our selection of cities was based on amatching analysis using a PERF nationallyrepresentative survey on use of force. Weobtained our data from seven sites that havedeployed CEDs and six sites that have notdeployed CEDs.Overall, we believe our CED and nonCED sites are comparable. We collecteddata from fairly comparable periods for theCED and non-CED sites, within a year ortwo. And while some differences emerged inour assessment of the comparability of ourCED and non-CED sites, most of thedifferences were relatively small and did notseem to introduce any substantivelyimportant biases. When combined with ourmultivariate analyses, we believe that wehave a reasonably comparable group of CEDand non-CED sites with results that areinterpretable.Data analytic approach:We conducted a series of analysescomparing CED and non-CED sites,including bivariate analyses to describe thebasic raw differences between the CED andnon-CED sites on our outcome measures,and a variety of multivariate analyses toattempt to assess the viability of thebivariate results and control for possiblealternative explanations for the earlier rawdifferences. Our first multivariate analyseswere done using logistic regression to isolatethe effects of CED deployment on oursafety-related outcomes where we includedthe following independent/control variables:Whether the agency deploys CEDs, the timeframe of the incident, an interaction of CEDmultiplied by time-frame, suspect race,suspect gender, suspect age, whether thesuspect used resistant behavior, and whetherthe suspect had a weapon at the forceincident.One of the concerns with examiningmulti-site data is that the individual use-offorce cases we analyze are clustered within13 departments. In our study, individualcases of weapon use by officers are nestedwithin specific police departments that havevarious policy guidelines on the use of force.Ignoring the nested structure of our data canpotentially lead to biased estimates. Toaddress this clustering issue we used twoapproaches. First, we conducted a modifiedlogistic regression with a robust varianceestimator to adjust for within-clustercorrelation. However, with this approach wedo not get aggregate-level coefficients to seethe exact effects of aggregate-levelconditions on our individual results. Toexamine and observe the effects ofaggregate-level factors, we conducted amulti-level analysis using HierarchicalLinear Modeling (HLM). While werecognize our limited statistical power toconduct HLM analyses (n 13 LEAs), we arePERF’s Quasi-Experimental Evaluation on Deployment of Less Lethal Weapons3

mainly using HLM to assess the robustnessof our findings from our earlier analyses andtake an initial step at assessing the possibleproblem of aggregate-level nesting. Wefocus our analyses of the HLM results on thedirection and magnitude of the effects (asopposed to a focus on the statisticalsignificance of the results).Study Results:Overall, we found that the CED sites wereassociated with improved safety outcomeswhen compared to a group of matched nonCED sites on six of nine safety measures,including reductions in: Officer injuries Suspect injuries Suspect severe injuries Officers receiving injuries requiringmedical attention, Suspects receiving injuries requiringmedical attention, and Suspects receiving an injury that resultedin their being sent to a hospital or othermedical facility. (We refer to this as“hospitalization,” but it does notnecessarily mean that suspects wereadmitted and stayed overnight at ahospital; we were unable to obtain data onthe extent to which officers or suspectswho went to a hospital or other medicalfacility were admitted and stayedovernight, as opposed to simply receivingan outpatient evaluation and/ortreatment.)There were no differences between theCED and the non-CED sites on theoutcomes of the other three measures:number of suspect deaths, officer severeinjuries, and officer injuries requiringhospitalization.For the six of nine significantoutcomes, our data suggest that themagnitude of the effects of the improvedsafety outcomes for the CED sites (relativeto the non-CED sites) was impressive. Wefound a strong effect of CEDs on reducingofficer injuries based on our raw results (8%officer injuries in the post period to 20% forthe non-CED sites), and our threemultivariate models. For agencies thatdeploy CEDs, our data suggest that the oddsof an officer being injured are reduced byover 70%. Also, for our CED-only siteanalyses, when officers actually use CEDsour data suggest that there is a 76%reduction in officer injuries. Similarreductions were observed for the CED siteson our measure of suspect injuries, asconfirmed by our raw results (26% suspectinjuries in the post period to 43% for thenon-CED sites), and our three multivariatemodels. For an agency that deploys CEDs,our data suggest that the odds of a suspectbeing injured are reduced by more than40%.Along the same lines, our data suggestthat CED sites were related to reductions insuspect severe injuries based on our rawresults (5% suspect severe injuries in thepost period to 7% for the non-CED sites),and our three multivariate models. For anagency that deploys CEDs, our data suggestthat the odds of a suspect being severelyinjured are reduced by over 40%. For ourCED-only site analyses, our data suggestthat CEDs were associated with the lowestlevels of suspect severe injuries compared toother forms of force.Our data suggest that CED sites wererelated to reductions in injuries to officersrequiring medical attention based on ourraw results (8% for officer medical attentionin the post period to 16% for the non-CEDsites), and our three multivariate models. Foran agency that deploys CEDs, our datasuggest that the odds of an officer receivingan injury requiring medical attention isreduced by at least 80%. For our CED-onlyPERF’s Quasi-Experimental Evaluation on Deployment of Less Lethal Weapons4

site analyses, when officers actually useCEDs our data suggest that there is a 63%reduction in the probability of an officerreceiving an injury requiring medicalattention.Similarly, our data suggest that CEDsites were related to reductions in injuries tosuspects requiring medical attention basedon our raw results (40% for suspect medicalattention in the post period to 53% for thenon-CED sites) and our three multivariatemodels. For an agency that deploys CEDs,our data suggest that the odds of a suspectreceiving an injury requiring medicalattention in the post period is reduced bymore than 45%.Our data suggest that CED sites wererelated to reductions in injuries to suspectsrequiring hospitalization (defined as beingsent to a hospital, clinic, or other medicalfacility for evaluation or treatment, notnecessarily being admitted for an overnightstay) based on our raw results (16% forsuspect medical attention in the post periodto 36% for the non-CED sites), and our threemultivariate models. For agencies thatdeploy CEDs, our data suggest that the oddsof a suspect receiving an injury requiringhospitalization in the post period is reducedby 52% for the logistic regression model oronly 11% for the HLM models relative toagencies without CEDs. While there is awide gap in these estimates, both modelssuggest that CED sites are associated with areduced probability of suspects receivinginjuries requiring hospitalization. For ourCED-only site analyses, our data suggestthat CEDs (30%) had the highest levels ofsuspects receiving injuries requiringhospitalization. Our data suggest that whenofficers use CEDs there was a 139%increase in the probability of a suspectreceiving injuries requiring hospitalization(0.87, p .001). This may reflect an informalpolice practice of sending suspects who havebeen subjected to a CED activation to ahospital as a precautionary measure—forexample, to ensure that the skin puncturescaused by the CED darts do not becomeinfected. PERF’s guidelines for use ofCEDs, for example, developed in 2005 withsupport from the U.S. Justice Department,recommend that “all persons who have beenexposed to a CED activation should receivea medical evaluation.” (See furtherdiscussion of this in Chapter 5, “Discussionand Conclusion.”) While overall, the CEDsites led to better outcomes than the nonCED sites on this measure, this result needsto be explored further in future research.Another concern raised by critics ofCEDs is that they may lead to higher deathrates for agencies that deploy CEDs. Wefound no support for this concern. CEDsseem to have a neutral effect on the numberof suspect deaths related to officer use-offorce cases. Before implementation ofCEDs, our data suggest that the CED siteshad less than one percent of their cases(0.2%) involving a suspect killed by anofficer. After CED implementation, our datasuggest that this number remained about thesame statistically (0.4%). During the sameperiod, our data suggest that the non-CEDsites did not change either statistically. Thenon-CED sites observed about one percentof their cases (0.9%) involving a suspectkilled by an officer at the pre-test period,and observed no change in the number ofsuspects killed in force incidents at the postperiod (0.9%). Our data suggest that webasically have a flat line for the CED sites(0.2% to 0.4%) and a flat line for the nonCED sites (0.9% at both time points). Onbalance, our study did not reveal asignificant effect of CEDs on suspect deaths,but with a sample of only 44 suspect deathswe do not have a high level of statisticalpower to uncover statistically significantfindings.While our study did not revealevidence of higher death rates for agenciesPERF’s Quasi-Experimental Evaluation on Deployment of Less Lethal Weapons5

that use CEDs, concerns still remainregarding a number of deaths that havefollowed use of CEDs. One of the mostrecent and influential studies of deathsfollowing CED use, conducted by a highlevel panel of medical experts for theNational Institute of Justice (NIJ) andreleased in 2008, found that “the purportedsafety margins of CED deployment onnormal healthy adults may not be applicablein small children, those with diseased hearts,the elderly, those who are pregnant, andother at-risk individuals,” and that “themedical risks of repeated or continuous CEDexposure are unknown and the role of CEDsin causing death is unclear in these cases.”The NIJ panel also found that not all of thepeople who have died after being subjectedto a CED activation were chemicallydependent or had heart disease or mentalillness; “some were normal healthy adults.”Additional research should be conducted toexplore these issues.All in all, our data suggest that wefound consistently strong effects for CEDson increasing officer and suspect safety. Notonly are CED sites associated with improvedsafety outcomes compared to a matchedgroup of non-CED sites, but also withinCED agencies,

force incidents. Research design: Our team used a quasi-experimental design (QED) to compare departments with CED . process used to select a comparison group. In our study, we used a matching design. CED (n 7) and non-CED (n 6) sites were matched based on violent crime levels, T . PERF’s Quasi-Experimental Evaluation on Deployment of Less .

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