Psychological and Physiological Realities of Deadly Force Confrontations 1 Topics of Discussion • Introduction • Dynamics of Deadly Force Confrontations • U.S. Legal Standards and Court Decisions • Practical Considerations for Drafting of Rules for the Use of Force (RUF) and/or Rules of Engagement (ROE) 2 Basics Concerning Deadly Force Confrontations • Combat is the Universal Human Phobia • Human Beings have a natural aversion to inflicting physical violence on members of their own species • Each deadly force confrontation is unique and involves a wide variety of subjective variables 3 What Is Deadly Force? • That force reasonably likely to result in death or seriously bodily injury to: – Life – Limb – Eyesight The firing of a weapon is by definition the exercise of deadly force 4 Human Nervous System • Central Nervous System – Brain and Spinal Cord • Peripheral Nervous System – Somatic Nervous System – Conscious – Autonomic Nervous System – Unconscious • Sympathetic • Parasympathetic 5 Dynamics of Deadly Force Confrontations • Tache-Psyche • Action v. Reaction • Wound Ballistics 6 Tache-Psyche Effect • During a deadly force confrontation, the autonomic nervous system is in control • The body automatically allocates resources to enhance chances of survival 7 Fight or Flight • Physical: Adrenaline dump – heart rate increased, blood flow increased to major muscle groups • Mental: Midbrain in control – Part of brain which has same structure and function as animal brain 8 Sensory Distortion • Sight – Loss of near vision and depth perception – Loss of peripheral vision, i.e., “tunnel vision” – Heightened visual acuity • Hearing – Auditory exclusion – Heightened auditory acuity • Touch – Tactile sense deteriorates 9 Cognitive/Thought Distortion • Disjunction of time/space continuum • Automatic behavior • Memory loss or gaps • Intrusive thoughts/Dissociation • Temporary Paralysis 10 Effects of Hormonal Induced Heart Rate Increases CONDITION BLACK 175 beats per minute: thought processing deteriorates, sensory distortion CONDITION YELLOW 115 beats per minute: fine motor skill deteriorates 80 140 220 200 180 CONDITION RED 160 155 beats per minute: complex motor skill deteriorates 120 100 CONDITION WHITE 60-80 beats per minute: resting heart rate Implications • There is no way to predetermine what sensory or cognitive distortion an individual will experience • The body will focus on certain targets to the exclusion of others • The body is effectively operating on autopilot. Training - good or bad - will take over 12 Deputy Sheriff Dinkheller Shooting 13 Action v. Reaction • Bad guy decisions – When • Good guy decisions – Three steps – Decision Time: Perceive threat and decide on appropriate course of action – Response Time: Send nerve signals to relevant muscle group – Mechanical Time: Physically complete action, i.e., trigger breaks, hammer falls, firing pin is struck, firing pins strikes primer, etc. 14 Action v. Reaction • Under ideal conditions, reaction time is anywhere from 0.8 – 1.5 seconds • Reaction time is further affected by: – – – – – Sudden, unexpected movements Rapid and unpredictable movement of shooter and targets Limited target opportunities Low light or partially obstructed Stress of sudden close, and personal violence • “Tueller” Drills – 21 foot/6.5 meter rule 15 Jewelry Store Police Killing 16 Wound Ballistics Physical Factors • Penetration • Permanent Wound Cavity • Temporary Cavity • Fragmentation 17 Wound Ballistics Rifle v. Pistol • Pistol Bullets – Relatively slow impact velocities = no reliable fragmentation – Only means of incapacitation are tissue “crush” and penetration into vital organs • Rifle Bullets – Impact velocities high enough to result in fragmentation • Bigger holes better than smaller, deeper holes better than shallower, more holes better than fewer 18 Wound Ballistics Psychological Factors • Expectations – Security guard in bank robbery – Police officer in drug raid • Will to Fight – FBI Shootout in Miami 19 Wound Ballistics Common Myths • Heart shot will immediately incapacitate • Sensory effects of bullet wounds are immediate • “Knock-down” power of small arms • “Center mass” shots always hit vital organs 20 Trooper Coates Shooting 21 U.S. Legal Standards • Domestic use of deadly force is analyzed under 4th Amendment of the Constitution – Objective Reasonableness Standard • Court Decisions – Graham v. Connor (1989) • Reasonableness judged from perspective of law enforcement officer, not with “20/20” Hindsight – Brown v. United States (1921) • Detached reflection not required in the presence of an uplifted knife 22 Deadly Force Standard for U.S. Military Personnel • Standing Rules for the Use of Force – Inherent right of self-defense – Deadly force is to be used only when all lesser means have failed or cannot reasonably be employed – Reasonable belief that person poses risk of death or serious bodily harm 23 Deadly Force Standard for Federal Law Enforcement Personnel • Law enforcement agents/officers of the Department of Justice may use deadly force only when necessary, that is, when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person 24 RUF/ROE Practical Considerations • What is serious bodily injury or death? • Minimum force/minimum number of shots • Limitations on when weapon may be loaded/round in chamber • Tache-Psyche & Investigations • Body armor and risk 25 Warning Requirement??? 26 RUF/ROE Potential Problems • Fear of using force/fear of weapons • Qualification versus training mentality • Misunderstanding of rules governing use of deadly force 27 RUF/ROE Potential Problems • Misunderstanding the tactical dynamics of a deadly force encounter • Unclear command guidance • “Accidental” discharge paranoia 28 Consequences of Poorly Drafted or Misunderstood RUF/ROE • Afghan robbers with AK-47 not threat! • Green-zone Entry Control Point Guards • Marines at Fallujah • 82nd Airborne Division troops in Kosovo • Sentry spotting insurgents setting bomb 29 Conclusion • Deadly force confrontations involve rapidly changing, dynamic, and unique circumstances • The realities of Tache-Psyche, Action v. Reaction, and Wound Ballistics are present in all deadly force scenarios • Effective RUF/ROE will be drafted with an understanding of these realties 30 31