NewsletterNovember 2010
in this issue
Evaluating Inconsistencies Within an Account
When Bad Things Happen to Good Departments
The Technology Crutch
Top Ten

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In this issue we continue to bring you important training topics of current interest.

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By John E. Reid & Associates


 
It is a common trial strategy for an attorney to attack inconsistencies within testimony offered by a victim, witness, or an investigator. And yet most victims, witnesses and investigators tell the truth when testifying. On the other hand, consider a suspect who told an arresting officer that a friend drove him home on the night of a crime. Several hours later the suspect tells an investigator that he drove himself home that night. This inconsistency supports the opinion that the suspect has principal or secondary involvement in the crime under investigation. However, not every inconsistency in a suspect's statement supports deception. In fact, when an account is repeated two or three times with perfect consistency this should be viewed suspiciously. The question then becomes, when do inconsistencies in an account support deception?

It is first important to distinguish between inconsistencies and omissions between two statements. An inconsistency refers to a change of fact between two accounts. When a subject initially reports that on a particular afternoon he was golfing with friends and later recalls that on the afternoon in question he was watching a football game alone in his apartment, this is an inconsistency. An omission, on the other hand, refers to information left out of an original account that is included in a subsequent statement. During our training seminars we show the interview of a woman who fabricated a story that she was abducted from a parking lot. While her statements were all consistent, during her initial description of the assault she omitted the very significant detail that the abductor had a knife.  
 

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by Steven D. Ashley

 

Risk management is more than policies and training

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. Corrections 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.

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by Steven D. Ashley 

Don't become over reliant on your weapons

Not too long ago I taught a use of force class, and was fortunate enough to have some really sharp officers as students. During one of the sessions, we got to talking about force and control options, including what they had and what they wished they had, technology-wise.

As part of the general discussion, I asked the class (rhetorically) how many of their departments included transitio drills in their training. When they looked at me sideways, I explained that to me - a transition drill was one in which an officer has to move from one level of force (or weapon) to another, under stress. The example I gave was moving from an aimed firearm to a non-lethal weapon, such as an electronic control device (ECD).

During one of the breaks, an officer approached me and said that he had asked his department to let him incorporate similar drills into their mi, and he was told that it wasn't necessary, and there wasn't time. Later, I couldn't stop thinking about his comments.

Early and Simple Weapons

Most departments equip their officers with some sort of non-lethal technology nowadays, even if money is scarce. Not everyone has the latest and greatest ECD, but most everyone has some sort of baton, and usually an aerosol weapon. In fact, officers have probably had various impact weapons at their disposal since the first night watch-man or Town Crier pinned on a badge.

 article continues >

 

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The Top Ten Reasons You Should Be Worried About Your Pension
  1. The fund is tied up in investments in BP stock.
  2. The head of the fund is a huge fan of poker and is always in Las Vegas.
  3. The city is facing a budget shortfall bigger than the GNP of Uruguay.
  4. The city council has generously offered to replace the pension plan with free lottery tickets.
  5. The city hired the chief's brother in law to manage the pension system.
  6. They're heavily invested in a theme restaurant based on the life of Ted Bundy
  7. Some guy named Lucky is the auditor.
  8. Your prescription drug benefit covers only Advil and Band-Aids.
  9. The world could end tomorrow and you'd never get what's coming to you.
  10. The whole $322 million fund is kept in cash in a basement in Beijing.

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