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Senate Criminal Law/Public Safety Virtual Hearing 9/1/2020


mauserme

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The Senate Criminal Law Committee and Special Committee on Public Safety have scheduled a virtual subject matter hearing today at 12:00 Noon. The subject of the hearing is Police Training and Use of Force. We'll keep an eye on this hearing for two reasons.

 

First, it might be informative as to where gun control will head in Illinois. Second, whether relevant to our 2A rights or not, learning the ins and outs of the state's virtual system will serve us in the Veto Session.

 

Streaming video is scheduled on Blue Room Stream. Unfortunately I haven't been able to get Blue Room passwords since June. Alternately, it should be available on the ILGA site, linked below in my signature.

 

 

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A representative of the Illinois Chiefs of Police testifies that the problem lies in investigating uses of force when they occur, describing how an officer of higher rank should be on scene to investigate soon after the incident. He states that this is not being done properly in Illinois or even in the country (with exceptions).

 

He further testifies that the chiefs association has been pushing for legislative reforms in this area for years.

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This is posted on the Illinois Association of Chiefs of Police web site:

 


International Association of Chiefs of Police:
Policy Framework for Improved Community-Police Engagement

June 10, 2020

While significant progress has been made in policing in recent years, the International Association of Chiefs of Police (IACP) agrees that much work remains to be done. As elected officials begin to work on police-related legislation, such as the Justice in Policing Act, we look forward to working with members of the U.S. House and Senate and the Administration to pass meaningful legislation that will have a positive impact on policing and enhance the public’s trust and faith in the profession. As the discussions continue regarding police reform, the IACP offers the following framework of key policy considerations.


1. Adoption of the National Consensus Policy on Use of Force
The National Consensus Policy on Use of Force makes clear that it is the policy of law enforcement agencies to value and preserve human life and that they should develop policies and training practices that focus on de-escalation and the application of force only when necessary.


In addition, the consensus policy states:
1. Officers shall use force only when no reasonably effective alternative appears to exist and shall use only the level of force that a reasonably prudent officer would use under the same or similar circumstances.
2. Officers shall use only the force that is objectively reasonable to effectively bring an incident under control, while protecting the safety of the officer and others.
3. Use of physical force should be discontinued when resistance ceases or when the incident is under control.
4. Physical force shall not be used against individuals in restraints, except as objectively reasonable to prevent their escape or prevent imminent bodily injury to the individual, the officer, another person, or property damage. In these situations, only the minimal amount of force necessary to control the situation shall be used.
5. Once the scene is safe, and as soon as practical, an officer shall provide appropriate medical care consistent with his or her training to any individual who has visible injuries, complains of being injured, or requests medical attention. This may include providing first aid, requesting emergency medical services, and/or arranging for transportation to an emergency medical facility.
6. An officer has a duty to intervene to prevent or stop the use of excessive force by another officer when it is safe and reasonable to do so.
7. All uses of force shall be documented and investigated.


2. Mandatory Participation in the National Use of Force Database
Participation in the National Use of Force Data Collection effort will help law enforcement, elected officials, and community members better identify and understand the totality of incidents, trends associated with use-of-force incidents, and other outlying factors.


3. Development of National Standards for Discipline and Termination of Officers
There is a need to develop national standards and policies for the discipline and termination of officers so that there is uniformity and a gold standard of excellence and to prevent malevolent, incompetent, or dishonorable individuals from remaining in the police profession.


4. Development of a Police Officer Decertification Database
The database will aid law enforcement agencies in making informed hiring decisions and prevent officers who have been terminated by an agency from being able to go to another state to be hired. An agency or official in each state would be responsible for submitting data concerning officers employed, separated from employment, and whose certifications have been revoked in the state.


5. Enhance Police Leadership and Culture
Police leaders must prioritize diversity and create a culture of equity and inclusion by working to eliminate racial, ethnic, and gender bias in the workplace. This should be accomplished by
• embracing procedural justice as a guiding principle that informs policies, practices, and training;
• adopting comprehensive bias-free policies;
• ensuring officers are trained in bias-free policing;
• ensuring that field training incorporates core values and communicates them to new officers; and
• providing communities with a direct, ongoing say in their police agencies by working closely with community members in the review and development of departmental policies and procedures.


6. Implement Improved Recruitment, Hiring, and Promotion Practices
This includes increased educational standards, background investigations, targeted recruitment efforts, review of hiring standards and practices, diversity, training, and recruit training programs.


7. Enhance Ability of Police Agencies to Implement Effective Discipline
Contracts, labor agreements, and civil service rules often make it difficult for departments to swiftly remove problematic officers. While ensuring that the due process rights of officers are respected, the authority of management in disciplinary proceedings needs to be enhanced to allow agencies to expediently discipline and terminate officers. Further, when negotiating such agreements, police leaders have a responsibility to ensure the agreement aligns with the envisioned organizational culture and community expectations.

 

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Representative Stava-Murray posits the idea of banning lethal bullets and allowing only rubber bullets.

She is a real looney tune.

 

She seemed sooooo consumed with making sure everyone understood the correct terminology, in other words her terminology with its entire virtue signalling package, that it eclipsed any message for change she might have hoped to convey.

 

I'm sure it made sense to her and others in her camp but it struck me as a poor way to seek solutions, and certainly not solutions that might require compromise.

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Representative Stava-Murray posits the idea of banning lethal bullets and allowing only rubber bullets.

Paul Harrell did an interesting video a while ago on rubber ammo. Rubber buckshot seemed pretty good, but rubber bullets and rubber slugs are simultaneously too much force and too little force.

 

Also, one among many things I've learned watching badge cam videos is never to use less-than-lethal force unless you have lethal backup. Bean bags and tasers are great when they work, but they only work about half the time. It reminds me of Jeff Cooper's opinion of 32 ACP. He said something like "32 ACP is the most dangerous round, because if you shoot a man with it, he could become angry. And if you shoot him many times, he could become very angry and hurt you."

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Representative Stava-Murray posits the idea of banning lethal bullets and allowing only rubber bullets.

Paul Harrell did an interesting video a while ago on rubber ammo. Rubber buckshot seemed pretty good, but rubber bullets and rubber slugs are simultaneously too much force and too little force.

 

Also, one among many things I've learned watching badge cam videos is never to use less-than-lethal force unless you have lethal backup. Bean bags and tasers are great when they work, but they only work about half the time. It reminds me of Jeff Cooper's opinion of 32 ACP. He said something like "32 ACP is the most dangerous round, because if you shoot a man with it, he could become angry. And if you shoot him many times, he could become very angry and hurt you."

 

Which is antithetical to the concept of de-funding the police, in that deploying a less lethal weapon first requires a minimum two or three officer response to every call to ensure lethal back up is available if needed.

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Cops usually work in pairs. If they think they need help with a situation, they call for backup. Does defunding (but not disbanding) the police mean each jurisdiction has only one officer per shift with no backup available?

 

I think defunding and use of force are different issues. How many police officers should there be? How, when, and why should police use force? Their only real intersection is that they both involve police.

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