Conducted Energy Devices (CEDs) and Citizen Injuries: The Shocking Empirical Reality

As one of the contemporary additions to the use of force spectrum, conducted energy devices (CEDs) have been surrounded by controversy. Such concerns have fueled a number of studies, many of which have attempted to examine the relationship between CEDs and citizen injuries. This limited body of research, however, has produced inconsistent results and suffers from a number of documented drawbacks. Drawing on data collected as part of a national multi‐agency use of force project, the current study analyzes nearly 14,000 use‐of‐force incidents across seven agencies, over 2,600 of which involve a CED, to assess the potential impact of CEDs on citizen injuries. In doing so, a series of multivariate statistical models are employed that isolate CED cases and compare them to a number of both hands‐on and weapon‐based tactics. Unlike previous research, which often highlights the beneficial aspects of CEDs in relation to injuries, our findings generally show an increased risk between the use of CEDs and citizen injuries. As such, more research is needed before deriving any conclusions as to the “safeness” of CEDs, especially in relation to the choice between using a CED or an alternative means of dispute resolution (either hands‐on physical force or another weapon).     

香港警队枪械训练对内地警察武器使用训练的启示

依法使用武器是法律赋予警察的权力,是维护社会治安、惩治违法犯罪、保护人民群众和警察生命安全的有力武器。而警察武器使用的训练是一个技能与法律法规密切结合的实战训练,也是一个不断发现问题和解决问题,熟能生巧的、有制度的、严格规范的、长期的、永恒的训练过程。香港警队的警务实战训练代表了世界最先进、最科学、最实用的训练水平,他们的枪械训练为内地警察武器使用的训练提供了很好的训练思路和训练方向。在目前形势下,我们应借鉴香港警队先进的训练理念和训练模式,开拓我们的思路,促使我们的警察武器使用训练发生质的变化,走上一个崭新的台阶,使训练与实际执法真正的结合起来。     

Examining fatal and nonfatal incidents involving the TASER

Research Summary According to TASER International, nearly 10,000 police departments in the United States have deployed the TASER as a less lethal force alternative in some capacity. Despite the TASER's increasing popularity, serious questions have been raised about the device's physiological side effects; in particular, Amnesty International has reported that more than 300 people have died after being subjected to the TASER. Although a growing body of research has examined the physiological effects of the TASER on animals and healthy human volunteers in laboratory settings, there has been virtually no empirical analysis of “real‐world” fatal and nonfatal TASER cases simultaneously. This article examines all media reports of TASER incidents from 2002 to 2006 through a comprehensive review of LexisNexis and New York Times archives. We compare TASER incidents in which a fatality occurred to TASER incidents in which a fatality did not occur and then employ multivariate analyses to identify the incident and suspect characteristics that are predictive of articles describing TASER‐proximate deaths. Policy Implications Several suspect factors were significantly associated with the reporting of a fatal TASER incident, including drug use (but not alcohol), mental illness, and continued resistance. Multiple deployments of the TASER against a suspect was also associated with the likelihood of the article describing a fatality—especially if the suspect was emotionally disturbed—which raises the possibility that the risk of multiple shocks might not be uniform for all suspects. More research is needed to explore the relationship between mental illness, drug use (illicit or therapeutic), continued resistance, and increased risk of death. In the meantime, police departments should develop specific policies and training governing the use of multiple TASER shocks against individuals who could be in these vulnerable physiological and psychological states.     

Striking Out: Race and Support for Police Use of Force

This research examines whites’ and blacks’ support for police use of force using a survey‐based experiment that varies the race of the offender across four different scenarios. Bivariate results show that the race of the offender influences blacks’ approval for the use of force by police, but does not affect whites’ approval. Multivariate analyses examine whether the factors influencing support for police use of force vary depending on the race of the offender. Results indicate that the predictors for approval of police use of force differ by the race of respondent, the race of offender, and the appropriateness of the use of force. The implications of the results for police–community relations are discussed.     

Pulse Variations of a Conducted Energy Weapon (Similar to the TASER® X26 Device): Effects on Muscle Contraction and Threshold for Ventricular Fibrillation*

Abstract: Conducted energy weapons (such as the Advanced TASER X26 model produced by TASER International), incapacitate individuals by causing muscle contractions. To provide information relevant to development of future potential devices, a “Modifiable Electronic Stimulator” was used to evaluate the effects of changing various parameters of the stimulating pulse. Muscle contraction was affected by pulse power, net/gross charge, pulse duration, and pulse repetition frequency. The contraction force increased linearly as each of these factors was increased. Elimination of a precursor pulse from X26‐like pulses did not have a significant effect on the normalized force measured. Muscle‐contraction force increased as the spacing increased from 5 to 20 cm, with no further change in force above 20 cm of spacing. Therefore, it is suggested that any future developments of new conducted energy weapons should include placement of electrodes a minimum of 20 cm apart so that efficiency of the system is not degraded. In the current study, the 50% probability of fibrillation level of X26‐like pulses ranged from 4 to 5 times higher than the X26 itself. Relatively large variations about the X26 operating level were found not to result in fibrillation or asystole. Therefore, it should be possible to design and build an X26‐type device that operates efficiently at levels higher than the X26.     

Police use of force: a transactional approach

Drawing on Tedeschi and Felson’s () theory of coercive actions for conceptual guidance as well as principles underlying the notion of a force continuum structure (i.e., proportionality and incrementalism), this research examines 3,544 police–suspect encounters from an observational study of the police in an attempt to better understand the transactional process of the police–suspect encounter. Results indicate, within the context of a force continuum structure, that officers escalated the level of force in about one of five encounters involving nonresistant suspects, and de‐escalated the level of force in three of four encounters involving resistant suspects. A series of logistic and multinomial regression models show that a number of factors differentially affect the manner in which officers apply force. The results suggest that before one can begin to judge the appropriateness of police force, one should measure and consider the extent to which force is applied proportionately and incrementally.     

Police shooting and criminal homicide: The temporal relationship

This study examines the temporal relationship between the incidence of police shooting and the incidence of criminal homicide for New York City between 1971 and 1975. The research finds that there is no temporal relation between the incidence of police shooting and the incidence of criminal homicide and concludes that the very strong and widely supported cross-sectional correlation between police shooting and criminal homicide is spurious, not causal.     

Functioning and Effectiveness of Electronic Control Devices Such as the TASER® M‐ and X‐Series: A Review of the Current Literature

Abstract: Conducted electrical weapons (CEWs) such as the TASER^® M‐ and X‐series deliver short high‐voltage, low‐current energy pulses to temporarily paralyze a person by causing electrical interruption of the body’s normal energy pulses. Despite many scientific publications, which classify the health risks of an appropriate use of the TASER device as minor, there still is a continuous uncertainty about possible side effects with human application. Based on a literature search of the National Library of Medicine’s MEDLINE database’s PubMed system of current publications, the following article describes the mechanisms by which the device operates and discusses possible pathophysiological consequences. The majority of current human literature has not found evidence of clinical relevant pathophysiological effects during and after an exposure of professionally applied CEWs. However, to be able to exclude possible health risks, a medical checkup of people who have been exposed to CEWs is essential.     

“看得见的手”为中国可再生能源产业撑起一片亮丽的天空?——基于《中华人民共和国可再生能源法》的分析

《可再生能源法》为中国可再生能源的发展,特别是产业化发展带来了曙光,但是我国政府能否凭借这一法律为可再生能源产业撑起一片亮丽的天空,则具有高度的复杂性和相当的不确定性。我们应当从内容和形式上对我国可再生能源方面的法律、法规加以完善。     

证明力与证据能力规则演变规律探究——我国证据规则立法方向的理性选择

证据规则立法演变呈现出如下规律:首先,在证明力问题上,法官的判断经历了从不自由到自由的过程,证据证明力日渐脱离法律的规定,而进入法官自由裁量的范围;其次,证据能力属于法律问题,应当成为各国证据立法的重心所在。我国当前证据立法与上述规律背道而驰,其中,证据能力规则不仅数量稀疏,而且质量不高;相反,证明力规则却显得相当庞杂,占据了证据规则体系的主干地位。为此,在将证据立法重心由证明力转向证据能力的同时,又要防止矫枉过正。一方面,我国尚未形成自由心证约束机制,仍然需要一定的证明力规则来制约法官的心证;另一方面,我国当前证据资源有限,证据能力排除规则又不宜规定过多,以避免对案件事实真相认定产生障碍。     

Sustainable use of wildlife: The role of private contracts as a conservation tool

Abstract

This paper focuses on the ability of local communities to make effective use of private legal tools as a means of assuring sustainable wildlife use. Using recent legal developments in Kenya as a case study, the paper examines a series of contracts entered into between local communities in the Samburu District and tour operators wishing to bring wildlife “photo safaris”; onto Samburu lands. These contracts, typically referred to as “Eco‐tourism contracts,”; are designed simply to allow tour operators to lead tour groups through community property without trespass. The authors argue that to achieve their true potential, these contracts must be treated, in essence, as “wildlife easements,”; or “eco‐easements,”; that can become publicly‐recorded mutual conservation commitments, and as such must incorporate conservation principles with a focus on environmental impact and wildlife management. Moreover, these contracts must be linked both conceptually and financially to the communities’ governance structure and to its broader conservation efforts.     

Future Uncertainty as a Challenge to Law's Programmes: The Dilemma of Parental Disputes

The article poses the problem of the need for judges to make 'right' decisions. It then describes how judges have attempted to meet this requirement in difficult cases concerning parental disputes over contact with children where there have been allegations of domestic violence. Applying Luhmann's concepts of the legal system, law's function, law's coding and law's programmes (Das Recht der Gesellschaft (Society's Law) 1997), offers a very different perspective on the issue to that of the judiciary or legal commentators who tend to see the issue of the law, determining, with expert help, what is best for the child. Law's function of stabilizing expectations over time obliges it to deal with all matters that come before the courts through the application of 'conditional programmes' and prevents it from applying the 'purpose oriented programmes' of politics and those who see the issue in terms of ideological conflict.     

惯例的法律适用——基于最高人民法院公报案例的考察

司法中适用惯例,首先需要正确认识惯例的法律属性。本质上,惯例是一种具有"社会规范意义"的事实而非法律。惯例虽然可以成为法官据以作出司法裁判的法源,但是,惯例是一种间接法源而非直接法源。所以,惯例必须经过法官的认可才能够转换为"习惯法",成为案件的判决依据。法官适用惯例首先需要识别、认定和审查惯例。惯例的适用范围限于民商事法律领域,在适用中,惯例只能扮演补充国家制定法的角色。不过,在具体案件中,惯例适用的规则有所不同。最高人民法院公报案例确认的惯例适用规则,对法官适用惯例具有指导意义。