Saturday, April 25, 2020

MINIMIZING COLLATERAL DAMAGES IN LAW ENFORCEMENT


By: Rommel K Manwong
LEAPS Academy Philippines| Insights
Law Enforcement Studies | Applied Criminology

 Backgrounder

It has been nearly a week since the shooting incident involving a policeman killing an ex-army personnel in Quezon City during the implementation of the Enhanced Community Quarantine (ECQ), as a measure to control the spread of COVID-19. Luzon and many parts of the country has been under a state of lockdown for almost two months due to the coronavirus pandemic. And while the economy is going down there are other collateral damages we are incurring - we are losing people in the front line.

The past days have been so intense in terms of exchanges of public views, legal opinions, and “expert analysis” on the shooting incident issue. This goes to the extent that some people tried to create a belligerent scenario between the police (PNP) and the military (AFP).

Alas, this thing happened – a collateral loss in our battle against the dreaded disease. Nevertheless, we still give respect, and we salute all personnel of the PNP and the AFP as front liners in fighting the unseen enemy. Honoring the fallen hero Army Corporal Winston Ragos is dignified and decorous of his being a Marawi war veteran. On the other hand, giving Police Master Sergeant Daniel Florendo Jr a fair trial in his case is expected and extremely appropriate. A sober public is hereby called upon to show empathy rather that creating friction among our comrades in the armed services. We have to put things into proper perspectives. Both individuals are victims of unfortunate circumstance being on the spot in a wrong time at the wrong place.

Sometimes, it is simply so difficult to handle public opinion because of individual cognitive biases. But this kind of incident is not new. There were many instances in the past where a law enforcer is on the blink of judgment whether to shoot or not to shoot a suspect. In criminology schools, we teach that this is part of law enforcement, it is a common dilemma to manage, it is one of the dynamics in policing, in the same manner that friendly firing happens in military operations, where the victim is one of their own or an attack has made by a military force on friendly or neutral troops while attempting to attack an enemy. In such instances, the absence of considerations of damage control measures tends to malign and kick a blow on both the individuals involved and their respective organizations.

Situational Awareness is Key to Operational Success

In law enforcement, shit happens. And so, with military operations. There are no perfect tactics because circumstances vary; therefore, decisions vary. This is why appropriate training and indoctrination is significant from the beginning of entry of personnel to any armed services. Although this is already a given proposition, but the PNP and AFP should constantly review, assess, and exercise prudence in applying rules of engagement and or police operational procedures.

Our policemen must keep their cool and continue to be mindful that situational awareness is key to police operational success. Thinking back that without situational awareness, officers run the danger of endangering their colleagues, themselves and the public. Policemen on the ground must remember their indoctrination about the application of Jeff Cooper’s Color Code and John Boyd’s OODA loop. All these have been taught in the training school. There have been series of exercises made on these tools. Rehearsal is now over; it is application in the policeman’s hand. 

As we always advocate “operational success in limiting the collateral damage would depend on the level of situational awareness of the people on the ground and their reaction speed.”

Consciousness on the Code of Conduct and the Ethical Standards

Planting of evidence is never taught, never allowed, and is a grave violation of law. Every police officer knows they have a law enforcement code of conduct. Policemen even memorized their ethical standards as they taught and encouraged (if not being forced) to do so in school during training days. In reality, the practice and application of these sets of human conduct will shield them away from unwanted actions and reactions against them, and to ensure that every police officer is aware of their individual responsibilities to maintain their own integrity, and that of their agency, and to the people they serve. As a fact, it is all stated in this line “As a police officer, my fundamental duty is to serve mankind, to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality and justice.”

Introduction of other Non-lethal Weapons

As expected, the “use of force” is an issue that goes controversial all the time. Even from the views of lawyers and judges, there are different interpretations, and perhaps again, the human nature of cognitive bias is in action. Criminological studies have proven that in making an arrest, use of force is almost involved, and injuries to civilians is of high percentage. So, in order minimize deadly police actions in the enforcement of the laws, less-lethal weaponry can be utilized such as Pepper Spray, and conducted energy devices such as the Tasers. But technology and equipment are only as good as the users. With minor adjustments some equipment and or technology would turn into a formidable necessity for handling life impacting threats. Besides, some users could get even more benefit out of the technology and equipment than others. Subsequently, skills must be relevant to the threat. Soft skills are just as important as hard skills. Training continues to be as significant as ever.

Understanding Behavioral Patterns

Policemen are supposedly prepared to understand and recognize dangerous behavior. Part of their situational awareness training is a critical situation analysis where they can observe and exploit human actions that does not fit with the expectation of the situation, and to help them make the right quick decision. This can either “make” or “break” an officer at one time a deadly move is caused by not considering this important factor.

Tactical Edge in Public Service

Policing is a public service. It is natural for policemen to deal with people in the street or anywhere where their attention is called upon. Tactically speaking, when they deal with people in the street, they need to maintain distance and create space, and be ready to make quick response to any kind of physical menace. Policemen are not prepared to inspire a response that would call for aggressive conduct. On this matter, exercising prudence is not an option but compulsory. However, for prudence to be applied and carried out well, constant practice is a must.

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