Brave - Numbers Presentation - Electronic Control Devices: Legal

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TASER® Electronic Control
Devices (ECDs) -- Numbers
Michael Brave, Esq., M.S.
National/International Litigation Counsel, TASER International, Inc.
President, LAAW International, Inc.
Email – brave@laaw.com
Telephone – (651) 248-2809
E-fax – (480) 275-3291
ECD Legal Resources Website – www.ecdlaw.info
ICD Resources – www.incustodydeath.com
Numbers:
Putting Things Into
Perspective
Basic ECD deployment numbers:
• (06/30/10) TASER® ECDs:
– 499,000 worldwide
• 15,500 law enforcement and military agencies
– 6,400 agencies deploy to all patrol officers
• in more than 40 countries
• since 1993, more than 221,000 to the general public
• (07/31/10) TASER ECD applications to humans:
– 2,177,000 + - total ECD human applications
• 1,070,785 ± 2% - field use/suspect applications
• 1,107,033 ± 7% - training/voluntary applications
Basics (of force) Numbers:
(US) Societal problems influencing force response increases):
• Current Illicit Drug Abusers (CIDA) increasing annually:
–
–
–
–
–
(2009) 21,800,000 CIDA (8.7% of population)
(2008) (8.0% of population)
(2006) 20,357,000 CIDA
(2004) 19,100,000 CIDA (7.9% of population)
(2004) 1,997,993 drug caused emergency room visits
• People in serious psychological distress (SPD) annually:
– (2007) 23,400,000 SPD (10.9% of adults)
– (2004) 21,400,000 SPD (9.9% of adults)
• Drunk or Drugged Driving (2006-2009):
– 30,600,000 DUI alcohol in past year (13.2% of 16+ population)
• Highest rate - Wisconsin – 23.7% of population
– 10,100,000 DUI illicit drugs in the past year (4.3% of 16+)
Basic selected death numbers (US):
• From January 1, 2000 through 2009 - over 1,250,000
people in US died from drugs, suicide, firearms, or
alcohol - these deaths are increasing annually
• US deaths from drugs, suicide, firearms, and alcohol:
–
–
–
–
(2007) 127,392
(2006) 124,665
(2005) 118,506
(2000) 97,376
• (2006 & 2007) For every 19 people who died 1 of those
19 died from drugs, suicide, firearms, or alcohol
• (2006 & 2007) For every 63 people who died 1 of those
63 died from drugs
Arrest-Related Deaths in the United States
Bureau of Justice Statistics
Deaths In Custody Reporting Act (DICRA)
Arrest-Related Deaths
(all causes)
• 2006 – 710 deaths
• 2005 – 679 deaths
• 2004 – 670 deaths
• 2003 – 627 deaths
CED (temporal)
(not causal)
• 2006 not reported
• 2005 – 24 deaths
• 2004 – 9 deaths
• 2003 – 3 deaths
Arrest-Related Deaths in the United States
Bureau of Justice Statistics
Deaths In Custody Reporting Act (DICRA)
Arrest-Related Deaths in the U.S.
BJA Deaths In Custody Reporting Act (DICRA)
800
700
600
Deaths
500
400
Arrest-related deaths (all causes)
CED (temporal, not causal)
300
200
100
0
2005
2004
Year
2003
United States Today
Putting the Numbers Into Perspective
• Since 01/01/2000: 1,000,000+ US Deaths From 4 Causes:
– Drugs
(38,396 in 2006)
(33,541 in 2005)
(19,720 in 2000)
– Suicide (33,300 in 2006) (32,637 in 2005)
(29,350 in 2000)
– Firearms (30,896 in 2006) (30,694 in 2005)
(28,663 in 2000)
– Alcohol (22,073 in 2006) (21,634 in 2005)
(19,643 in 2000)
– Totals
124,665 (2006)
118, 506 (2005)
97,376 (2000)
• 2006 US numbers show odds of dying from drugs, suicide,
alcohol, or firearm):
• 1 in 2,393 – from general US population
• 1 in 19 – of those who died
• 1 in 63 – of those who died - died from drugs
United States Today
Putting the Numbers Into Perspective
• More Year “2004” Numbers (Law enforcement problems?):
– 21,400,000 Serious Psychological Distress (9.9% of adults)
– 19,100,000 Current Illicit Drug Users
(7.9% of population)
• 20,357,000 (2006) current U.S. illicit drug abusers
– 10,200,000 Operating Vehicles Under the Influence
– 1,997,993 Drug Caused ER Visit
More Nos – 1999 through 2006
• 459,206+ LEOs Assaulted
– 129,265 + LEOs Assaulted with Injuries
• 1,026 LEOs Killed
• 431 LEOs Feloniously Killed
• 595 LEOs Accidentally Killed
2004 ME/C Numbers
(the Government’s Numbers)
2,000 Medical Examiner/Coroner offices in U.S.:
• 7,320 ME/C full-time equivalent employees
• $718,500,000.00 total annual budgets
2,398,000 human deaths:
• 956,000 deaths referred to ME/C offices
– 487,000 deaths accepted for investigation
• 677 Arrest Related Deaths (“ARDs”) (all causes)
–9 ARDs involving use of CEDs
More Numbers
• Pepper spray – of 600 uses one person dies
• Force involved incident – approximately 1 in
600 will die
• Jails (in-custody deaths) – from 2000 through
2007 (NIJ/BJS Report):
– 8110 have died
– Jail in-custody rate of death:
• from 1 in 658 to 1 in 709 (depending on year)
• 152 deaths per 100,000 inmates to 141 per 100,000
Physiologically
compromised persons elevated risks of death
Physiologically compromised
persons - elevated risks of death:
• In approximately every 600 force uses 1
person will die (serious uses of force and
rough statistics)
• Root causes of most physiologically
compromised persons’ condition are drugs,
mental illness, serious psychological distress
Physiologically compromised
persons - elevated risks of death:
There is a risk of serious injury or death from any law
enforcement (LE) incident with a physiologically
compromised person no matter how the encounter is
handled, even the person continuing his exertion.
– LE incidents with physiologically compromised persons should
be treated as medical emergencies. Focus should be getting
these persons captured, controlled, and restrained as quickly
and safely as possible in order to prevent further injury and to
expedite medical care.
– ECDs are a safer means to capture, control, or restrain
physiologically compromised persons since biggest threat to
life is the self destructive exertion and ECD has less negative
physiologic impact and is more effective in capturing,
controlling, and facilitating restraint, and shortening this
period of continued self-destructive exertion.
Physiologically compromised
persons - elevated risks of death:
LE and emergency medical services (EMS) need
better guidance on safest, most effective
methods to handle these incidents and avoid
bad force-option choices
– Guidelines for LE to capture, control, and
facilitate and maintain restraint
– Guidelines for EMS to treat
– Guidelines for Medical to treat
Electronic Control Devices Are Not Risk Free.
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