Understanding the National Consensus Policy on Use of Force

The first section of procedures provides guidelines for every incident involving use of force. It specifies officers should stop using force once the incident is under control.

Officers should not use force against people who are restrained unless it is necessary to prevent bodily harm or keep the person from escaping.

If someone is hurt, officers should provide first aid as soon as possible once the scene is safe.

The policies also encourage accountability. It specifies officers should stop other officers from using excessive force when it is safe to do so.

And it admonishes agencies to document and investigate all use-of-force incidents.

Throughout the National Consensus Policy on Use of Force, the procedures state officers should only use force when absolutely necessary.

Ideally, officers will be able to defuse a situation without resorting to deadly force.

The procedures specify officers should only use the amount of force necessary to bring the situation under control, prevent harm to the officer, suspect, or bystanders.

The scale of force

The procedures outline the steps an officer should take before escalating the use of force:

De-escalation

The procedures say that “whenever possible and appropriate” officers should use de-escalation tactics before resorting to force.

They also specify that officers should give the suspect “time and opportunity to submit to verbal commands” before using force.

But they do provide some exceptions: when a delay would risk safety, escape, crime, or the destruction of evidence.

This section is especially notable because many of the groups involved in creating this consensus policy were among those who pushed back on the Police Executive Research Forum’s “30 Guiding Principles on Use of Force.”

Many of PERF’s suggestions emphasized de-escalation techniques, and some agencies protested that de-escalation is not always practical.

In a joint statement, the IACP and FOP wrote, “We cannot reasonably expect law enforcement officers to walk away from potentially dangerous situations and individuals in the hope that those situations resolve themselves without further harm being done.”

But, former IACP President Terry Cunningham, who originally gathered the 11 agencies for the consensus document, told The Washington Post that the group decided de-escalation should be part of the policy. Ultimately, he said the group agreed “if we have the opportunity to de-escalate, we should.”

Less-lethal force

If de-escalation techniques don’t work or aren’t appropriate for the situation, the procedures allow for the use of “less-lethal force.”

The policy defines less-lethal force as “Any use of force other than that which is considered deadly force that involves physical effort to control, restrain, or overcome the resistance of another.”

Officers are authorized to use less-lethal force to bring a situation under control, protect themselves or others from harm, or restrain someone who is resisting arrest.

Deadly force

The procedures justify the use of deadly force in two situations:

• The officer believes himself or others to be at risk of death or serious injury.
• A subject is fleeing, and the officer has probable cause to believe the subject has killed or seriously harmed someone and may do so again if not caught right away.