When Bad Things Happen to Good Agencies

Consider this scenario:

A medium sized department in a typical town handles a call one night where officers have to use force to take someone into custody. During the arrest, the subject resists violently, and it takes several officers to get the subject handcuffed. Because the individual is so out of control, officers use OC spray, and then an electronic control device (ECD). Eventually, they just have to use brute strength and a "polyester pile" in order to subdue the subject. At the jail, the subject is booked into a cell. Sometime later a cell check reveals that the subject is unresponsive. Officers immediately start CPR, but the subject is pronounced dead at a nearby hospital.

This describes every department's nightmare scenario. Whenever force is used, communities rightly demand accountability regarding the actions of the police. If an in-custody death occurs, the scrutiny is intense. That's as it should be. We need to be accountable for what happens on our watch.

Unfortunately, society has evolved to the point where law enforcement no longer gets the benefit of the doubt in these cases. There is frequently a knee-jerk reaction from the public and the media that police did something wrong, and whatever that was is to blame for the negative outcome.

Incidents of this type are rare in American policing, but they grab major headlines. Distraught family members demand answers, some community leaders vacillate, and activists stir the pot. Faced with the need to fill hours of time and pages of web space or print, the media often speculates, which feeds the frenzy.

The fact that these types of incidents really are rare doesn't seem to matter. Knowing this, our agencies focus a great deal of effort on mitigation measures. We develop policies and procedures, and we make sure our people are trained as well as possible. We equip our officers with the best equipment (well, most of the time), and we provide guidance and supervision so that officers know what to do, and how to handle situations on the street. A large part of our time and treasure is focused on managing the risk of events that, although they rarely occur, are catastrophic on many levels when they do happen.

And then it happens, and our response to the inevitable questions?

• No comment.
• We don't know anything yet.
• We’ll investigate and let you know.
• When we know something, you'll know something.'
• It will take four to six weeks for the lab report. We'll let you know.

In the meantime, people that started out curious become concerned, then irritated, then angry. People that started out saddened become shocked, then angry. Family members and friends that are distraught, become frustrated, then bitter, then angry. Officers that started out feeling like the department would support them begin to doubt that support, and become angry. Pretty soon, everyone's angry.

The people that have an interest in keeping things stirred up have a field day. The media, desperate for news, fills the space with statements from everyone except us.

All of our efforts to mitigate the risk mean nothing if we mismanage the aftermath of an event like this. Indeed, the first thing we have to acknowledge is that - no matter how well we manage the risk - if we do police work long enough, our odds of having such an incident at our department continue to increase. We can reduce the likelihood, but we cannot eliminate it. So we plan.

And then it happens, and we mismanage the aftermath, which might - at this point - be better referred to as "fallout".

So, What Are We Supposed To Do?

The fact is, in the immediate aftermath of an incident, information is often scarce. It takes time to put it together, and to be fair and just to all involved. A rush to judgment serves no one well, especially the officers. We all know that. The problem is that people want answers now!

Conducting the right kind of calm, reasoned investigation will be a lot easier in a calm, rational environment. That helps to reduce the pressure of the media spotlight, and lessens the possibility of action being taken for political reasons, or just because someone is in a hurry. That's how mistakes get made, and no one wants that.

This is all about perception. The family of the deceased needs to feel that the events that led to the death of their loved one are going to be fully and completely investigated. They need to feel like the truth will come out, no matter what it is. They need to feel like they are being kept in the loop, and informed as to progress.

The community needs to feel like the investigation will be fair, and as speedy as possible, without sacrificing accuracy. They need to feel like the family is being respected and treated like they would want to be treated.

The press needs to feel like they are being given information in a forthright and honest way. They need to feel like they are being trusted to provide a conduit for information to the public, and that their "watchdog" role is being respected, and even treated as necessary. They need to feel like they will get the facts as soon as they become available.

Officers and other members of the department need to believe that a fair and honest investigation will be conducted, and that politics will not win out over truth. They need to feel respected and valued by the agency, and not feel like they are being treated like criminals.

Everyone needs to believe that the end result will be a full and complete airing of the facts and evidence, regardless of the outcome. That's what the system is designed to do, and citizens want to believe that their trust has not been misplaced.

Is there an easy answer for the question of how to accomplish all of this? Of course not. The answer is hard, and it's human, and it's multifaceted. It starts with public education regarding the law enforcement mission, and with openness and honesty. It includes getting out ahead of problems by explaining why things are done the way they are, before a problem arises. It involves performing daily in such a way that the public will continue to have faith in the righteous motivation of their police officers. Following an event, it includes full and fair disclosure of information, presented with sensitivity and respect.

It involves treating others the way we would want to be treated.

Stay safe, and wear your vest!