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Psychological and Physiological Realities of

Deadly Force Confrontations

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Topics of Discussion

• Introduction

• Dynamics of Deadly Force Confrontations

• U.S. Legal Standards and Court Decisions

• Practical Considerations for Drafting of Rules for the Use of Force (RUF) and/or Rules of Engagement (ROE)

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Basics Concerning Deadly Force Confrontations

• Combat is the Universal Human Phobia

• Human Beings have a natural aversion to inflicting physical violence on members of their own species

• Each deadly force confrontation is unique and involves a wide variety of subjective variables

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What Is Deadly Force?

• That force reasonably likely to result in death or seriously bodily injury to:

– Life

– Limb

– Eyesight

The firing of a weapon is by definition

the exercise of deadly force

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Human Nervous System

• Central Nervous System– Brain and Spinal Cord

• Peripheral Nervous System– Somatic Nervous System – Conscious– Autonomic Nervous System – Unconscious

• Sympathetic• Parasympathetic

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Dynamics of Deadly Force Confrontations

• Tache-Psyche

• Action v. Reaction

• Wound Ballistics

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Tache-Psyche Effect

• During a deadly force confrontation, the autonomic nervous system is in control

• The body automatically allocates resources to enhance chances of survival

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Fight or Flight

• Physical: Adrenaline dump– heart rate increased, blood

flow increased to major muscle groups

• Mental: Midbrain in control– Part of brain which has same

structure and function as animal brain

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Sensory Distortion

• Sight– Loss of near vision and depth perception– Loss of peripheral vision, i.e., “tunnel vision”– Heightened visual acuity

• Hearing– Auditory exclusion– Heightened auditory acuity

• Touch– Tactile sense deteriorates

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Cognitive/Thought Distortion

• Disjunction of time/space continuum

• Automatic behavior

• Memory loss or gaps

• Intrusive thoughts/Dissociation

• Temporary Paralysis

Effects of Hormonal Induced Heart Rate Increases

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175 beats per minute: thought processing deteriorates, sensory distortion

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CONDITION BLACK

CONDITION RED155 beats per minute: complex motor skill deteriorates

CONDITION YELLOW115 beats per minute: fine motor skill deteriorates

CONDITION WHITE60-80 beats per minute: resting heart rate

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Implications

• There is no way to predetermine what sensory or cognitive distortion an individual will experience

• The body will focus on certain targets to the exclusion of others

• The body is effectively operating on auto-pilot. Training - good or bad - will take over

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Deputy Sheriff Dinkheller Shooting

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Action v. Reaction

• Bad guy decisions – When

• Good guy decisions – Three steps– Decision Time: Perceive threat and decide

on appropriate course of action– Response Time: Send nerve signals to

relevant muscle group– Mechanical Time: Physically complete

action, i.e., trigger breaks, hammer falls, firing pin is struck, firing pins strikes primer, etc.

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Action v. Reaction

• Under ideal conditions, reaction time is anywhere from 0.8 – 1.5 seconds

• Reaction time is further affected by:– Sudden, unexpected movements– Rapid and unpredictable movement of shooter and targets– Limited target opportunities– Low light or partially obstructed– Stress of sudden close, and personal violence

• “Tueller” Drills – 21 foot/6.5 meter rule

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Jewelry Store Police Killing

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Wound BallisticsPhysical Factors

• Penetration

• Permanent Wound Cavity

• Temporary Cavity

• Fragmentation

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Wound BallisticsRifle v. Pistol

• Pistol Bullets– Relatively slow impact velocities = no reliable fragmentation– Only means of incapacitation are tissue “crush” and

penetration into vital organs

• Rifle Bullets– Impact velocities high enough to

result in fragmentation

• Bigger holes better than smaller, deeper holes better than shallower, more holes better than fewer

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Wound BallisticsPsychological Factors

• Expectations– Security guard in bank robbery– Police officer in drug raid

• Will to Fight– FBI Shootout in Miami

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Wound BallisticsCommon Myths

• Heart shot will immediately incapacitate

• Sensory effects of bullet wounds are immediate

• “Knock-down” power of small arms

• “Center mass” shots always hit vital organs

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Trooper Coates Shooting

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U.S. Legal Standards

• Domestic use of deadly force is analyzed under 4th Amendment of the Constitution– Objective Reasonableness Standard

• Court Decisions– Graham v. Connor (1989)

• Reasonableness judged from perspective of law enforcement officer, not with “20/20” Hindsight

– Brown v. United States (1921)• Detached reflection not required in the presence of an

uplifted knife

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Deadly Force Standard for U.S. Military Personnel

• Standing Rules for the Use of Force– Inherent right of self-defense

– Deadly force is to be used only when all lesser means have failed or cannot reasonably be employed

– Reasonable belief that person poses risk of death or serious bodily harm

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Deadly Force Standard for Federal Law Enforcement Personnel

• Law enforcement agents/officers of the Department of Justice may use deadly force only when necessary, that is, when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person

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RUF/ROE Practical Considerations

• What is serious bodily injury or death?

• Minimum force/minimum number of shots

• Limitations on when weapon may be loaded/round in chamber

• Tache-Psyche & Investigations• Body armor and risk

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Warning Requirement???

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RUF/ROE Potential Problems

• Fear of using force/fear of weapons

• Qualification versus training mentality

• Misunderstanding of rules governing use of deadly force

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RUF/ROE Potential Problems

• Misunderstanding the tactical dynamics of a deadly force encounter

• Unclear command guidance

• “Accidental” discharge paranoia

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Consequences of Poorly Drafted or Misunderstood RUF/ROE

• Afghan robbers with AK-47 not threat!

• Green-zone Entry Control Point Guards

• Marines at Fallujah

• 82nd Airborne Division troops in Kosovo

• Sentry spotting insurgents setting bomb

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Conclusion

• Deadly force confrontations involve rapidly changing, dynamic, and unique circumstances

• The realities of Tache-Psyche, Action v. Reaction, and Wound Ballistics are present in all deadly force scenarios

• Effective RUF/ROE will be drafted with an understanding of these realties

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