Winning Use of Force

Target Audience

A (3) three-day critical thinking course for street officers, instructors, first-line, middle management and executive leadership positions within in law enforcement, correctional, and prosecutorial attorneys. 

 

Description

Uses of force situations are rare in law enforcement, but attention to the issue is not. Every day, law enforcement professionals are wrongly accused of excessive force. Often, the actual use of force was legally justified and objectively reasonable.  But the actions officers take before, during and after force often paints the incident in a bad light. Learn how to act at each critical stage in use of force situations and why the pen is mightier than the sword. This course will focus on actions during the incident itself, how to win in court (civil and criminal) and on the use of force report as the important first line of defense in a civil lawsuit. That report - in which the officer documents 3 seconds of action - will be used to judge his or her decisions for three years or more.

 

Training Goals and Objectives

The goal of the training program is to prepare the sworn law enforcement to do the following: be able to “walk the walk” as well as “talk the talk” on use of force, familiarizing with contemporary use of force case law and its implications for law enforcement; be able to discuss use of force intelligently, on paper and on the witness stand; learn what tricks attorneys use to trip up law enforcement officer-witnesses; familiarize with signs of aggression; how to overcome confrontational stress and its effect on how the officer recalls the incident; writing a well-documented, legally defensible use of force report; learn what elements must be included in reports dealing with different types of force; mechanics of report review.

 

Training Audience, Format and Content

This course is intended for various levels of experienced sworn law enforcement officers and related personnel. The intent of the trainer is to provide information relevant to surviving a use of force incident and its aftermath in court and throughout the legal system, which can sometimes be more taxing than the use-of-force incident itself.

 

This course can be taught to any number of students at one time. However, it is most successful when taught and received with audiences of 40 officers or fewer. Smaller groups enable officers to have more direct dialog with the instructor and other students.

 

The course is designed as a three-day course, to be conducted from 0830 to 1630 hours daily.

 

Daily content and course schedule/agenda: 

Day One:

             Walking the walk and talking the talk:

             Familiarize with contemporary use of force case law and terminology

             Avoiding liability through policy and training development

             Suspect resistance and officer response levels, including escalation of force

 

Day Two:

            Winning in court: the games lawyers play

           The Use of Force Report: The First Line of Defense

           How to use facts to your advantage

           Avoiding cop clichés that set off alarms in court

 

Day Three:

          Making courtroom observers “stand in the shoes” of the officer when force was used

          Specific elements that must be included in specific types of force situations

          Reviewing the use of force report: making it better

 

There are no pre–requisites to this course.

Student Evaluation

The evaluation process will consist of class participation, active involvement in case reviews and participation in visual recognition exam.

 

Limitations / Special Needs:  None

Any audio/visual or POSTC/Academy facility or staff needs will be addressed on a case-by-case basis, but might include the use of an electronic projection unit, audio or marker board materials, and an area (either grass or gym mats) where officers can practice use of the SWARM technique and use of the hobble restraint.

 

This course is approved and POST/POSTC/TCLEOS certified in the following states: California, Washington, Texas, Florida, Louisiana, North Carolina, Delaware, Minnesota, Massachusetts, Nevada

 

Student Materials

Student materials will involve copies of the [123 page] training manual “Winning Use Of Force”

 

A wide range of digital video and PowerPoint presentations will be used in the training session, and the instructor will come prepared with everything he will need to make this an informative, fast-paced learning experience. 

 

Detailed lesson plans are available as needed, but copies of the PowerPoint presentations and digital videos cannot be supplied with this document.

 

Evaluations of Past Courses

Evaluations of past presentations are available upon request if this material and telephonic interviews are not satisfactory.  In addition, we are happy to provide the names of references from all across America to assist you in your decision.

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