Amnesty International Taser Report

Flatlander

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Report said:
In many such instances, the use of electro-shock weapons appears to have violated international standards prohibiting torture or other cruel, inhuman or degrading treatment as well as standards set out under the United Nations (UN) Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. These require that force should be used as a last resort and that officers must apply only the minimum amount of force necessary to obtain a lawful objective. They also provide that all use of force must be proportionate to the threat posed as well as designed to avoid unwarranted pain or injury.
It seems to me that this portion of the complaint deals more or less with the officers' application of the weapon, rather than the weapon itself. The question becomes, where in the use of force continuum did the Tazers lie, and were they used according to the mandated principles? If so, this is a problem with the policy makers. If not, then the officers would be personally responsible.

Report said:
Since 2001, more than 70 people are reported to have died in the USA and Canada after being struck by M26 or X26 tasers, with the numbers rising each year. While coroners have tended to attribute such deaths to other factors (such as drug intoxication), some medical experts question whether the taser shocks may exacerbate a risk of heart failure in cases where persons are agitated, under the influence of drugs, or have underlying health problems such as heart disease. In at least five recent cases, coroners have found the taser directly contributed to the death, along with other factors such as drug abuse and heart disease. As discussed below, the death toll heightens Amnesty International’s concern about the safety of stun weapons and the lack of rigorous, independent testing as to their medical effects.
So, we have a tool which, when applied appropriately, may exacerbate other contributing factors? Even if this is the case, it remains a viable tool, if viewed in the appropriate context within the use of force continuum. It has versatile range options, and a high degree of successful deployment. It's less lethal than some, and a bit more than others; I don't see the weapon itself as a particularly inhumane thing.

Report said:
Where US law enforcement agencies refuse to suspend tasers, the organization is recommending that their use of tasers is strictly limited to situations where the alternative under international standards would be deadly force, with detailed reporting and monitoring procedures.
This seems reasonable.
 

Tgace

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Both the American Civil Liberties Union and Amnesty International are calling for a moratorium on Taser use by law enforcement officers until the conductive weapons are proven to be "non-lethal."

What use of force will ever be able to make that claim 100% of the time....ever?

A better question would be "how does Taser compare statistically to other force options?"
 
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PeachMonkey

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Thanks for the references to the other thread, Tgace.

I need to spend more time studying Amnesty International's report, but I believe that their call for a moratorium on taser use is based specifically on increased abuse of the weapon, rather than an absolute belief that the weapon is always deadly.
 

Tgace

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Whatever happened to punishing offenders? Lots of people "abuse" their driving privileges by driving drunk. By that logic we should ban cars.

PS:I realize thats AI's stance. Just venting. Nothing directed at you PM.
 
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PeachMonkey

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Tgace said:
Whatever happened to punishing offenders? Lots of people "abuse" their driving privileges by driving drunk. By that logic we should ban cars.
I think the worry (and I'm putting words in the mouths of AI and the ACLU without fully studying their reports, so take this with a grain of salt) is that tasers are considered so "non-deadly" that the chance of abuse is very, very high; thus the call for a moratorium on their use until this can be studied and dealt with properly.

The case of alleged murder that I referred to earlier came about under precisely those circumstances. The jailers involved appear to have shocked a prisoner repeatedly, well beyond any protocol for proper use of any weapon or restraint, well after the prisoner become compliant, while venting their anger and frustration, because they apparently felt the weapons couldn't cause permanent harm.

I'm always nervous about calls for banning of a weapon (yes, I'm one of those rare leftists who are anti-gun-control -- who knew?). But, I think this moratorium call bears consideration.

Tgace said:
PS:I realize thats AI's stance. Just venting. Nothing directed at you PM.
No worries :) One of the great things about The Study is being able to respectfully disagree about things... and even being able to learn about some stuff. I have a feeling I can learn a lot about tasers and such from LEOs.
 

Tgace

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The solution is in use of force policy and training within each dept. The moratorium isnt going to accomplish much. Who then will have the power to "OK" its use again. Seems more like a road to banning then to "proper use" to me.
 
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PeachMonkey

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I think the idea is for departments to declare individual moritoria until those policies and training are in place.

There isn't really any one agency in the US with the authority to declare such a moratorium over all uses of the taser nationwide.
 

Tgace

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Exactly...(was kinda speaking from an "if AI ran things, they would.." angle there) it seems like their efforts would best be directed developing and promoting a policy for their use and working with LE to develop responsible Taser policy rather than just calling for a moratorium......

These are the same people who were crying about OC use....now they want us to use OC instead of the Taser. You can see where we get a little confused/irritated.....
 
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PeachMonkey

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Tgace said:
Exactly...(was kinda speaking from an "if AI ran things, they would.." angle there) it seems like their efforts would best be directed developing and promoting a policy for their use and working with LE to develop responsible Taser policy rather than just calling for a moratorium......
I think you should read that report again. It has a large number of detailed recommendations for policy, training, and usage study and adjustments. It's also clear that Amnesty believes LE is best at developing LE policy; Amnesty is not an LE organization, it's a human rights organization.

Tgace said:
These are the same people who were crying about OC use....now they want us to use OC instead of the Taser. You can see where we get a little confused/irritated.....
Actually, the report doesn't call for the use of OC at all -- they suggest exactly what you suggest. From the Amnesty International report:

Amnesty International said:
Amnesty International has frequently raised concern about alleged misuse of pepper spray by law enforcement officers, including its use in situations that do not merit this degree of force. The organization suggests that, rather than substituting electro-shock weapons for pepper spray or other force options, better training and restraint in the use of force would be a more appropriate strategy in many situations.
 
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PeachMonkey

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Flatlander said:
So, we have a tool which, when applied appropriately, may exacerbate other contributing factors? Even if this is the case, it remains a viable tool, if viewed in the appropriate context within the use of force continuum. It has versatile range options, and a high degree of successful deployment. It's less lethal than some, and a bit more than others; I don't see the weapon itself as a particularly inhumane thing.
I think you've pretty much dug to the core of what Amnesty is getting at. The taser has been grossly misuses by some LEOs, including massive increases of use of force in some agencies without corresponding increases in arrests.

Amnesty calls for adjustments in policy and training to make sure the potential of the weapon is not abused, and unbiased studies to make sure the weapon is truly as safe as advertised, and adjusted to be safe if necessary.
 
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PeachMonkey

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By the way, for whoever gave me anonymous negative rep for starting this thread (which was based on another thread entirely) without even saying why, why don't you simply join the fun, come out in the Study, and tell us why you think we shouldn't talk about these issues?
 

Tgace

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I wasnt quoting the study in regards to OC...there are numerous incidents where AI was against it. Heres just one.

http://web.amnesty.org/library/Index/ENGAMR510722000?open&of=ENG-2M4

"However, due to the risks associated with pepper spray, its use is questionable in any circumstances," Amnesty International stressed.

They seem to have a problem with any tool. My boots have a risk associated with their use. If I use them on a subject should I face charges or should we all have to wear slippers until a policy is written? Point being, the way new tools get introduced in LE is through these unfortunate incidents. Studies cant cover all the variables we face. When it was discovered that OC in combination with "hog tying" and positioning can result in asphyxia, we altered our policy. I dont think any lab would have figured that out before a few people unfortunately died.....
 
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PeachMonkey

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Tgace said:
They seem to have a problem with any tool.
They don't seem to have a problem with any tool; if you visit their website, read their press releases, speak with their representatives, you'll find no evidence of the sort. Their complaints are with tools that are abused, violate human rights, and the like. Do you see any reports up there suggesting that police officers not be allowed to use handcuffs? Zip ties? Boots? Badges? Firearms?

Tgace said:
When it was discovered that OC in combination with "hog tying" and positioning can result in asphyxia, we altered our policy. I dont think any lab would have figured that out before a few people unfortunately died.....
...and then people died, and groups like Amnesty noticed, and called for the practices to change. History has shown that watchdog groups often have to stand up to help protect human rights; that's why Amnesty International was created.
 

Tgace

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Where law enforcement agencies refuse to suspend their use of tasers, pending the outcome of the above-mentioned inquiry, Amnesty International recommends that:
5. departments using tasers should strictly limit their use to situations where the alternative would be use of deadly force. Examples would include: armed stand-offs, instances in which a police officer faces a life-threatening attack or injury, or threat of attack with a deadly weapon, or where the target presents an immediate threat of death or serious injury to him/herself or others. In such circumstances, tasers should be used only where less extreme measures are ineffective or without a promise of achieving the intended result.
6. Unarmed suspects should not be shot with a taser for arguing or talking back, being discourteous, refusing to obey an order, resisting arrest or fleeing a minor crime scene, unless they pose an immediate threat of death or serious injury that cannot be controlled through less extreme measures.
5. Less extreme measures??? If im facing a deadly force attack Im shooting, not tasing...

6. So what? Are we back to batons and gloves for fleeing resistors? The report stated they didnt like OC in these cases either.
 
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PeachMonkey

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The key to the paragraph you posted is the first sentence:

Amnesty International said:
Where law enforcement agencies refuse to suspend their use of tasers, pending the outcome of the above-mentioned inquiry...
The revisions they suggest in the paragraph you quoted are not their across-the-board recommendations for taser use, but simply their recommendation for those departments that refuse to suspend taser use and undergo safety inquiries.

Under those circumstances, Amnesty believes that the taser may be (until inquiries are show conclusively one way or the other), rather than a "safe" weapon for subduing perps, a "near-deadly-force" instrument that may well kill the intended target, and should be treated as such.

So...

Tgace said:
5. Less extreme measures??? If im facing a deadly force attack Im shooting, not tasing...
That's how they'd have you think of a taser, too, until inquiries are conclusive.

Tgace said:
6. So what? Are we back to batons and gloves for fleeing resistors? The report stated they didnt like OC in these cases either.
They don't offer a solution for that problem, but they recommend against the taser because, until inquiries prove that it's safe, you wouldn't use a gun on a fleeing resistor either.
 

Tgace

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Yeah, but the taser is FAR from being as likely to kill as the gun. Its being used 1000's of times with statistically minimal problems. If I whack the guy in the leg with my baton and he dies (which happened to that "Fat guy" (sorry) last year) then where are we?? Theres a risk in every use of force and I dont think its been shown that the Taser is a high enough risk to warrant this approach.

Another question is how many people were saved injury or kept from escalating the situation to lethal force because the Taser resolved the situation?

What ugly results could have happened in this situation without the taser?
http://www.compfused.com/directlink/532/
 

Tgace

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Just to clarify, my dept. doesn't carry Tasers. However I do believe they are a great tool when used properly.

PS: In that clip that officer puts himself at risk just going "hands on" alone against a resisting subject. Thats where disarms happen. Thats where OC/Tasers are supposed to fit on the continuum.
 
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PeachMonkey

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Tgace said:
Yeah, but the taser is FAR from being as likely to kill as the gun.
...which AI admits in its report...

Tgace said:
Its being used 1000's of times with statistically minimal problems.
Statistically minimal in the eye of the beholder; less likely so if you're a human rights organization.

Tgace said:
If I whack the guy in the leg with my baton and he dies (which happened to that "Fat guy" (sorry) last year) then where are we??
I think it could be argued (probably just as well by Taser International, given their recent defenses of taser deaths) that the "fat guy" you refer to, who was hopped on PCP and White Castles, and quite overweight, was likely more likely to die from a taser than from being struck by batons.

Tgace said:
Theres a risk in every use of force and I dont think its been shown that the Taser is a high enough risk to warrant this approach.
I definitely see your point; honestly, rather than a complete moratorium on their use, I hope the nationwide attention simply gets LEO's to realize that tasers are powerful weapons that can kill under certain circumstances, and that training and policy will be revised where necessary; I also would like to see serious, independent, peer-reviewed studies on the effects of modern tasers, including on people with cardiac defects, people taking various drugs, in various stress positions, etc etc, so their effects are unequivocally known.

Tgace said:
Another question is how many people were saved injury or kept from escalating the situation to lethal force because the Taser resolved the situation?
I think this is a good point, that AI itself even addresses in their report.

Tgace said:
What ugly results could have happened in this situation without the taser?
http://www.compfused.com/directlink/532/
This site appears to be spyware-infested; IE and Firefox both are choking on it, so I can't watch the video. Otherwise, I'd love to -- if you can find another site for it, I'll check it out.
 

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