The Evolution of Use of Force

Our upcoming webinar will provide essential information relating to police use of force. The webinar is designed for oversight professionals, community members and activists, attorneys, educators, and government officials. Join us July 13th at 1:00 p.m. EDT as we welcome Ashley Heiberger to address the three primary standards under which force is evaluated, i.e., the criminal, constitutional, and agency administrative standards. It will also examine force concepts and principles being debated across the country.

Criminal material will include statistics regarding fatal officer-involved shootings and subsequent prosecution of officers, as well as trends in police shootings and firearms discharges more generally. In addition, the constitutional discussion will provide current legal rules regarding the use of deadly force against fleeing felons (Tennessee v. Garner), the use of force generally (Graham v. Connor), and the expanded definition of a “seizure” (Torres v. Madrid). The discussion will also look at the federal statutes with particular relevance, those being 42 USC § 1983 (enabling those who allege constitutional violations to bring private civil actions), 18 USC § 242 (allowing for federal prosecution for alleged deprivation of constitutional rights), and the former 42 USC § 14141 (authorizing the DOJ to conduct investigations of agencies, and provide oversight if a pattern or practice of constitutional violations is noted). In addition, the agency administrative material will include evaluation of the practical limits of human performance during the stress of critical incidents through an examination of police shooting accuracy, as well as aspirational standards favored by those seeking more democratically responsive policing. Finally, the webinar will also explore concepts such as officer-created jeopardy, community responses to force incidents, and the duty to intervene.

Ashley Heiberger is a retired police officer with significant expertise relating to use of force, including policy, training, and incident assessment. He spent several years on a team evaluating agency compliance pursuant to federal DOJ oversight. He maintains a consulting and expert witness practice involved in criminal prosecution and defense, and civil litigation. He is currently a member of the NACOLE Training, Education, and Standards Committee and the Certified Practitioner of Oversight Subcommittee.