The truth does not always speak for itself: Subject Behavior-Officer Response reporting of police use of force

ABSTRACT

Use of force is among the most contentious issue facing law enforcement today. Unfortunately, much of the conversation surrounding use of force is driven by misunderstandings, in large part the result of lacking data. Despite repeated calls for more and better information regarding police use of force, departments and agencies have been slow to adopt useful mechanisms for gathering data. This article highlights the Subject Behaviour–Officer Response (SB-OR) template used to collect data in relation to instances where force is applied by the police in Vancouver, British Columbia. It examines the premises underlying the SB-OR, as well as its specific characteristics. The article then identifies challenges to the implementation of SB-OR-type reporting procedures, and attempts to rebut some possible points of resistance. Finally, the article outlines some of the important ways that the data from SB-ORs can be used to improve police use of force.

KEYWORDS:

• Use of force reporting template

Disclosure statement

No potential conflict of interest was reported by the authors.

Notes

1. This was evidenced by both officers and witnesses in the Dziekański case, regarding how Mr. Dziekański wound up on the ground.

2. Questions such as these are coded in such a way that more than one answer is possible.

3. Where ‘other’ is chosen, officers asked to provide details in a narrative field.

4. This is characteristic of the SB-OR throughout. Usage questions are posed in the form of ‘Yes’ or ‘No,’ and officers are able to select as many response categories as are necessary.

5. The VPD requires officers to record instances of baton use in force response situations, even if it is not used on the subject.

6. The accuracy of this field is currently under view. Previous analyses have found a high level of missing data, which may the result of several factors, potentially including reluctance by officers to report multiple strikes.

7. The SB-OR allows for both responses, in cases where the CEW is discharged in both contact stun and probe mode.

8. In Vancouver, ERIW generally refers to less lethal shotgun and ARWEN.

9. The SB-OR also includes a section on Improvised Weapons that is not addressed here.

10. The usage of firearms statistics produced by the SB-OR may seem slightly high in terms of the overall data, but one has to consider the full context of cases, including ‘firearm-at-the-ready’ and ‘code-V takedowns’ versus actual shots fired, which are very rare.

Additional information

Notes on contributors

Garth Davies

Dr. Garth Davies is an Associate Professor in the School of Criminology at Simon Fraser University and is the Associate Director of the Institute on Violence, Extremism and Terrorism at Simon Fraser University. His current work involves developing a database for evaluating programs for countering violent extremism; the social psychology of radicalization; and the statistical modeling and projection of violent right-wing extremism. He has also been involved in the development of the Terrorism and Extremism Network Extractor (TENE), a web-crawler designed to investigate extremist activities on the internet. The crawler is presently being adapted to examine violent extremism on the dark net. Dr. Davies earned his Ph.D. in Criminal Justice from Rutgers University.

Joel Johnston

Joel Johnston is a retired 28-year police veteran with a background in Patrol, Foot Patrol, and Traffic Enforcement, but primarily specialized in Use of Force training & program development, and Emergency Response (ERT) with the Vancouver Police Department. He served from 1990 – 98 as Use of Force Coordinator for the VPD – with a cadre of 28 control tactics instructors, he was responsible for officer safety, arrest & control tactics, and use of force training. Promoted to Sergeant in 1998, he took over as operational Squad Leader of one of the Department’s four fulltime Emergency Response Team squads. He became the Training Coordinator for ERT in 2004 and the Officer-in-Charge in 2005. He was seconded to the British Columbia Ministry of Public Safety & Solicitor General as Provincial Use of Force and Municipal Emergency Response Teams Coordinator from 2005–2011. Joel has been awarded four Chief Constable’s Citations and the Queen’s Diamond Jubilee Medal for service to Canada. Joel was the founder and co-Principal of the Defensive Tactics Institute (DTI ®) and the BEST DEFENSE ® Women’s Assault Prevention programs, and is Principal of Joel Johnston Consulting Inc.® – a training and consulting firm based in Vancouver, BC – CANADA. www.joeljohnston.com

Toby Hinton

Toby Hinton has a Bachelor of Arts in Criminology and Political Science from Simon Fraser University. He has been a member of the Vancouver Police Department (VPD) for 30 years, and is currently working in the VPD Force Options Training Unit. He has dedicated significant time to integrating the VPD’s use of force data and research into force options training. For 24 years Toby spent his career at the street/beat level in the drug-addled Downtown Eastside of Vancouver, both as a Constable and later as a Sergeant. He was one of the founding members of Odd Squad Productions, a charitable film production organization dedicated to educating youth, and has directed and produced a number of films broadcast nationally and internationally. Toby is one of the founders of VPD Police Judo and is the head instructor for Simon Fraser University Police Judo. Toby has presented and lectured on use of force training and policing across Canada and in the United States of America, China, Switzerland and Taiwan. Toby also teaches at the Justice Institute of British Columbia in the Law Enforcement Studies Diploma Program. Toby has received provincial, national and international commendations for his work.

Vanja Zdjelar

Vanja Zdjelar is a master’s student in the School of Criminology at Simon Fraser University and a recipient of the Canada Graduate Scholarship Masters from the Social Sciences and Humanities Research Council. She has completed a Bachelor of Arts and Social Sciences (honours) in criminology and a second Bachelor of Arts and Social Sciences in political science and communications both at Simon Fraser University; her honour’s thesis is titled ‘Let’s not Put a Label on It: Right Wing Extremism in the News.’ Her research interests include policing, terrorism, and the intersections between crime and media.

Stephanie Dawson

Stephanie Dawson is a doctoral student in the School of Criminology at Simon Fraser University. Her dissertation focuses on policing in the context of crowd disturbances, and her research interests include policing, research methodology, and mental health. She has published works in various policing journals, including Policing: An International Journal of Police Strategies & Management, Policing and Society: An International Journal of Research and Policy, and Policing: A Journal of Policy and Practice.