Académique Documents
Professionnel Documents
Culture Documents
Volume 74
Number 10
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001
The attorney general has determined Developing a Scenario-Based Providing officers with realistic training
that the publication of this periodical is
necessary in the transaction of the Training Program 1 situations will enable them to hone their
skills in a safe environment.
public business required by law. Use By Michael D. Lynch
of funds for printing this periodical has
been approved by the director of the
Office of Management and Budget. Praise holds many important benefits
Praise and Recognition
The FBI Law Enforcement Bulletin
(ISSN-0014-5688) is published
By Tracey G. Gove 14 for employees and the agencies they
work for.
monthly by the Federal Bureau of
Investigation, 935 Pennsylvania
Avenue, N.W., Washington, D.C.
20535-0001. Periodicals postage paid Liability for Failure to Train “Deliberate indifference” is a standard
at Washington, D.C., and additional
mailing offices. Postmaster: Send
address changes to Editor, FBI Law
By Martin J. King 22 of fault that is demonstrated when
government policymakers act with
Enforcement Bulletin, FBI Academy, conscious disregard for the obvious
Madison Building, Room 201, consequences of their actions.
Quantico, VA 22135.
Editor
John E. Ott
Associate Editors Departments
Cynthia L. Lewis
David W. MacWha
Bunny S. Morris
9 ViCAP Alert 20 Bulletin Reports
Art Director
Denise Bennett Smith
Missing Person Corrections
Assistant Art Director Sexual Offenses
Stephanie L. Lowe 10 Perspective Forensics
Gratuities Violence
This publication is produced by
members of the Law Enforcement
Communication Unit, Training and
Development Division.
Internet Address
leb@fbiacademy.edu
Cover Photo
© Tribute
T
he nighttime darkness The officer tells the driver to unzip his jacket with his left
splinters with the rhyth- turn off the ignition and drop hand. As the driver does so, the
mic pulsing of red and the keys out of the driver’s side officer notices the front passen-
blue strobe lights. The cruiser’s window. He complies. The ger door starting to open and
spotlights focus on the passen- officer then instructs him to commands the passenger to
ger compartment of a vehicle stick both of his hands out of close it and remain in the
with three occupants. The driver the window, open the door from vehicle. The passenger com-
watches the officer from the the outside latch, and exit the plies. The officer unsnaps his
side mirror as he exits the patrol vehicle. The driver, approxi- holster and instructs the driver
unit, but the passengers’ furtive mately 6' 4" in height and to slowly turn until he tells him
movements cause the officer to weighing nearly 300 pounds, to stop. The driver makes one
pause. Having radioed his obeys. The officer orders him to complete revolution. Then, the
location to the dispatcher, he raise his hands above his head, officer directs him to use his left
now requests any available which he does, but his jacket hand to lift the jacket away
backup and takes a new posi- conceals his midsection. Next, from his body and to continue
tion, using his cruiser as cover. the officer tells the driver to to turn until ordered to stop.
October 2005 / 1
“ The goal with
scenario-based
training is to give
officers seize a large sum of
money and a vast amount of
various controlled substances
from the vehicle. An interview
with the two passengers dis-
officers skills and closes the plot. While comply-
abilities that they can ing with the officer’s orders, the
use in any encounter. driver would try to narrow the
distance between them. When
he got as close as he could, he
“
laws but also in preventing OBJECTIVES
major critical events. This will The best place to start is at
require using all of the training, Defining training the end. This means listing all
knowledge, skills, and abilities objectives at the of the goals and objectives that
that it has acquired, as well as beginning actually students should meet by the end
developing new strategies and will lay the foundation of the training and then working
techniques. of a scenario-based toward them. Defining training
Scenario-based training is training program. objectives at the beginning
an amalgamation of knowledge actually will lay the foundation
”
and skills-based training. It of a scenario-based training
incorporates psychomotor program. Using the traffic stop
coordination and reinforces a from the beginning of this
survival mind-set in the student. Sadly, stories abound about article as an example, the offi-
Just as new officers cannot officers in the field picking up cer would have to have a base
learn how to use a firearm in their shell casings after dis- knowledge of motor vehicle and
a classroom setting without charging their firearms or firing criminal law, handcuffing and
practical shooting exercises two rounds and then immedi- mechanics of arrest, and use
on the range, they also cannot ately returning their weapons to of force and the implementation
know how to handle a hostile, their holsters. Why would of intermediate and deadly
fast-paced situation without officers do these things? Be- force weapons. The officer also
training in a realistic, dynamic cause they practiced that way. would need to know how to
setting. This bears witness to the fact identify warning signs, or “red-
Training always should be that officers in the field will flag” behavior, and how to
designed and developed to give revert to their training, even properly approach a stopped
officers the skills to success- though it may incorporate vehicle. Developing a training
fully complete a task. General hazardous dynamics. With this scenario with the example given
training, therefore, can be broad in mind, officers must develop would require establishing some
in scope, as in teaching criminal critical skills and abilities that basic objectives.
October 2005 / 3
Officer Safety to test officers’ abilities to dis- monitoring of the subjects’
The officer stopped his cern which charges may apply. actions and responses to his
approach when he noticed the commands. The bottom line
Interpersonal Skills
furtive movement and red-flag is that officers must have the
The officer clearly commu- skills and abilities to physically
behavior of the vehicle’s pas- nicated what he expected or
sengers. His use of cover and control or subdue an offender.
wanted to happen by directing Unfortunately, many of the
concealment further enhanced specific commands to the driver
his safety. This objective is methods and techniques em-
and passengers. Communication ployed in physically subduing
paramount. Building officer’s is critical, not only for convey-
cognitive skills, perceptions, and controlling a person require
ing directions or commands but frequent practice and numerous
and understanding of tactics also for actively listening for
and safety should become the repetitions. Handcuffing, for
responses. Officers’ abilities to example, can cause problems
foundation of any scenario- hear and perceive threats and
based training program. for some officers. This is a daily
to verbally control and manage activity for them; however, they
the scene constitute major fac- can fall into bad habits without
Knowledge of Law
tors. People usually “size up” refresher training to hone their
The officer had to have a officers by their abilities to skills.
basis or probable cause for the vociferate and take command
stop or other violations com- of a situation. This skill Use of Force
mitted during it, as well as a comprises a component of The officer used the appro-
knowledge of authority. Obvi- “officer presence.” priate force necessary to neu-
ously, to enforce the law,
Subject Control tralize the threat posed by the
officers must know the law. driver and his passengers.
Scenarios should incorporate The officer controlled the Knowing what appropriate force
multiple events and violations situation through careful level to use in a given situation
becomes an issue of safety and
liability. The general guideline
is what is deemed reasonable.1
Safety Issues Many law enforcement agencies
adhere to the “plus one” theory
• Employ safe props and training weapons; no live-fire of an officer going to the next
weapons or munitions higher level of force than that
• Define levels of role player resistance or aggression employed by the offender.
• Use protective equipment Officer Adaptability
• Remove jewelry and other impediments The officer’s ability to shift
• Check site for hazards from a stationary point of cover
to a tactical concealment in the
• Post signs to designate training areas darkness allowed him to main-
• Have first-aid kits readily available tain control of the situation.
This often comprises a difficult
area to help officers improve in
“
Role players, who report to
The officer demonstrated the facilitators, take on a per-
the importance of following his sona as needed by the scenario
agency’s policies and proce- One of the first and create a realistic training
dures by using emergency considerations in dynamic. They provide hands-
lights, radioing his location, and selecting a training on experience for the students
requesting backup assistance. site is identifying and deliver situational aspects
Such actions usually are in- safety issues. within the set parameters of
tended to protect officers and the scenario. At the completion
”
their agencies from liabilities. of the scenario, they construc-
In the course of training, a tively critique each student’s
scenario may develop not performance.
covered by a policy or proce- facilitators and role players have
dure. If that occurs, creating one everything they need to com- Site Preparation
as a guide for officers to use in plete the training. The coordina- One of the first consider-
similar situations in the future tor evaluates student perfor- ations in selecting a training site
can prove helpful. mance, the effectiveness of the is identifying safety issues. Poor
facilitators and role players, and lighting, exposed or malfunc-
Investigative Skills the overall value of the training tioning electrical wires and
The officer’s subsequent in- program. If deficiencies occur appliances, loose debris, sharp
vestigation and search after the within the program, the coordi- corners, and other problems
initial confrontation provided nator must reevaluate and should be eliminated. The site
the impetus for the incident. develop scenarios that will meet should be equipped to meet the
Evaluating this area can ensure the desired training objectives. training needs. If funds exist,
that officers are not missing or Facilitators, who report to technological advances, such
overlooking valuable evidence the coordinator, control the as cameras, monitors, and
October 2005 / 5
Checklist for Developing a Scenario The goal is to develop students
to where they can evaluate their
Type of Scenario own performance and learn
• Area to be used from their mistakes.
• Number of role players and facilitators needed Each training objective
should be evaluated as it relates
• Number of students to participate to the specific scenario. The
• Props and other needed materials type of scale is not as important
• Time allotted per scenario as the way it is used. Students
should have their own indi-
• Variables involved vidual evaluation sheet to track
Nature of Call and document any areas where
they need additional or remedial
• Probable cause for arrest
training. For example, a form
• Demeanor of role player with a field for each training
• Level of resistance or aggression by the role player objective using a rating scale
• Specific dialogue of 1 to 5 (1 being poor, 3 being
average, and 5 being outstand-
Parameters to Establish ing or excellent) can work well.
• Define the training objectives It also is important to solicit
feedback from the students as
• Predetermine the desired results
to their views of the training
• Select methods of evaluations program.
PREPARING
THE PARTICIPANTS
intercom systems, can help and the number of variables. Before they can train stu-
make the training more effi- As with all physical training, dents, facilitators and role
cient. If the site also is used breaks must be structured to players must receive adequate
for other purposes, scheduling limit the amount of downtime. instruction. Facilitators should
conflicts may arise, which will be seasoned law enforcement
require attention. Evaluation Methods officers with experience in
Evaluations can be com- training. Role players can be
Time Allocation pleted in many ways, but they law enforcement officers or
Time, because of its limits, always must be constructive. civilians. If the agency or
must be managed carefully. After all, students attend train- training site is near a college or
Scenario setup time and turn- ing to learn and know that they university, the scenario-based
around time for the next one, will make mistakes. Therefore, training coordinator may opt to
which also includes the critique critiques and evaluations never contact the drama department
and reset time, must be factored should demean or malign them. and solicit students to perform
into the program. The time Rather, students need to know as role players. The main con-
required to execute a scenario where they performed poorly sideration in using nonlaw en-
will depend on its complexity and also where they did well. forcement personnel for training
“
training objectives for each much more costly, possibly
scenario will help reinforce the involving an officer’s life.
training concept and ensure Determining the
the program’s success. FINDING
scene parameters THE RESOURCES
Obviously, students, espe- allows for planning
cially entry-level ones, cannot Obviously, a training pro-
participate in a scenario without
every aspect of gram will require certain re-
the necessary knowledge, skills, the scenario. sources. Scenario-based train-
”
and abilities to successfully ing, however, can employ many
complete the training. Student of those that agencies already
preparation is essential for both possess. The training area or
the success of a scenario-based The type of scenario could facility represents a key element
training program and, more im- involve a traffic stop with a because it must allow for the
portant, for an officer’s survival hostile driver, a domestic creation of a realistic training
in an actual deadly encounter. battery with an uncooperative environment. One cost-effective
Such prior training should victim, or possibly a drunk and possibility is using a mobile
include physical conditioning; disorderly subject who refuses home, possibly one seized as
motor vehicle and criminal to leave a bar; all can provide part of a drug forfeiture.
law; laws concerning arrests, endless training situations. De- Other resources include
searches, and seizures; use termining the scene parameters training props and materials
of force; subject control and allows for planning every aspect (e.g., household furnishings,
mechanics of arrest; defensive of the scenario. This includes training weapons and vehicles,
tactics; weapons handling; radio role players having guidelines protective clothing, first-aid
and communication procedures; and exhibiting those character- kits, and two-way radios) and
and crime scene investigation. istics that students should trained personnel. If possible,
October 2005 / 7
agencies can allocate a portion hone their skills and learn new enforcing the law, safeguarding
of their training funds for a techniques. the public they serve, and, most
scenario-based program and Developing a successful important, protecting them-
acquire training props and scenario-based training program selves from those intent on
materials over time. In addition, requires establishing firm train- doing them harm.
law enforcement grants can ing goals and objectives that
offer an alternative solution to provide officers with skills they Endnote
1
funding issues. can use to complete their tasks For additional information, see
Thomas D. Petrowski, “Use-of-Force Pol-
effectively and safely. Creating icies and Training” (Parts One and Two),
CONCLUSION scenarios that incorporate these FBI Law Enforcement Bulletin, October
In today’s world of terror- goals and objectives can allow 2002, 25-32, and November 2002, 24-32.
ism, law enforcement officers officers to practice a variety of
Sergeant Lynch presented an excerpt
face many new threats that their enforcement techniques and from this article at the Future of Law
training may not have covered. strategies in a safe environment. Enforcement Safety Training in the
To counter this, scenario-based Such realistic training will give Face of Terrorism conference detailed
training offers realistic situa- officers a tactical advantage in the September 2005 issue of the
tions that officers can use to when they face the rigors of FBI Law Enforcement Bulletin.
Subscribe Now
October 2005 / 9
Perspective
Gratuities regarding accepting gratuities in other countries.
There is No Free Lunch How and why are the hardest questions to answer
By Mike Corley
because no clear cut rules or boundaries exist for
them when addressing gratuities.
Many scholars and practitioners claim that ac-
gratuities and gifts are com- to the The Slippery Slope Theory
pletely different, and officers law enforcement E. Delattre suggested that of-
must understand that distinction. image. ficers who accept gratuities start
A gift is “something given vol- down a road that leads to corrup-
untarily without payment in re-
turn, as to show favor toward
someone, honor an occasion, or
4 5
” tion—the primary reason that
law enforcement administrators
must take a stand against such
make a gesture of assistance; present.” One-time acts. Why must we only be concerned with gratu-
offers of appreciation are considered gifts, such as ities if they lead to corruption? Throughout my
an item given to an instructor at the citizen’s police research, I found many authors who quoted and
academy (CPA) graduation banquet. Is it improper agreed with Delattre’s theory of the slippery slope.
for an officer to accept a token of appreciation But, what if we discovered that gratuities did not
from the CPA students? Or, perhaps a Neighbor- lead to corruption? Does that mean that accepting
hood Watch group gives an officer a coffee mug in gratuities would be appropriate? We should evalu-
recognition for an outstanding presentation. In ate gratuities without the slippery slope theory—
both examples, I believe that the acceptance of law enforcement should prohibit gratuities be-
these gifts is proper. Officers can accept the gift— cause it is the right thing to do.
a sincere, one-time token of appreciation—with Gratuities are not flattering to the law enforce-
reverence and dignity. ment image. Officers who accept them lose respect
Is there such a thing as a free cup of coffee? Or, with the community and for themselves. Years
do people and businesses expect something in re- ago, maybe low pay and morale justified that half-
turn? Individuals in the private sector probably price meal. But, today, law enforcement salaries
will say that no such thing as a free cup of coffee or are high enough for officers to pay their own way.
lunch exists. Everybody wants something and We should not look for or accept what amounts to
nothing is free. This also applies to officers on their handouts in the eyes of the citizens we serve. Law
October 2005 / 11
First Doubts
As a patrol officer from 1976 through 1980, I routinely accepted free coffee and half-price
meals. I never knew about a conflict involving this action until I stopped “the CB guy.” In the
late 1970s, citizens’ band radios, or CBs, were extremely popular with the general public.
Many people, not just truck drivers, had them. Many officers had CB radios in their patrol
cars. We talked to each other, citizens, and even offenders. While on patrol one day, I stopped
a vehicle for a minor traffic violation—an expired inspection sticker. I approached the car,
went through the customary procedures of a traffic stop, and wrote the citation while I stood
beside the violator’s vehicle. As I asked the usual questions about name and address, the
violator, who had been very friendly to this point, asked me if I was going to write him a
citation. I replied, “Yes.” He then asked me if I knew that he owned a particular establishment
that fixes police officers’ CBs for free. I replied that I did not know that (I was not familiar
with the business), but that I was grateful for the service. Then, he asked, “Are you still going
to give me a ticket?” I said, “Yes,” and he questioned why I would write a citation to someone
who fixes CB radios for police officers. Without giving it much thought, I explained that if he
was fixing the CBs for free and out of the kindness of his heart, I sincerely appreciated his
kindness. But, if he was expecting something in return, he should charge all of us full price.
This incident was the first time I considered the consequences of gratuities.
October 2005 / 13
Praise and Recognition
The Importance of Social Support
in Law Enforcement
By TRACEY G. GOVE, M.P.A.
© Mark C. Ide
“
in turn, negative mental and
physical effects. Some of the
key consequences of police Praise not only
stress include—
promotes physical
• cynicism and
suspiciousness;
and mental
well-being but
• emotional detachment from also improves
various aspects of daily life;
motivation.
• reduced efficiency;
”
• absenteeism and early
retirement;
• excessive aggressiveness Sergeant Gove serves with the West
Hartford, Connecticut, Police Department.
and a related increase in
citizen complaints; and
October 2005 / 15
behavior. This manner of lead- an impact on employee mo- that “the grass is greener” in
ing requires praise to build self- rale.”8 Additionally, empirical another agency and will have
esteem within the developing studies have shown that both no feelings of loyalty to their
officer. American and English workers current employer. This can
respond favorably to praise and result in employee turnover,
Mental and Physical Health that it does, in fact, influence negatively affecting the depart-
Ample proof exists that job performance.9 ment. Ultimately, it will cost
stress has debilitating effects on Unfortunately, some man- the agency in new employment,
health and well-being. How- agers fail to focus on employee training, and equipment.
ever, empirical studies also motivation until morale sinks,
have shown that simply using motivation becomes lost, and, Internal Versus
forms of social support, such as ultimately, employees quit.10 External Awards
praise, within the workplace can A reactive response to morale Some police officers will
mitigate the effects of job stress issues, versus a more proactive claim that in lieu of praise and
on physical and mental health.5 recognition, they would rather
© Mark C. Ide
To this end, evidence uncovered receive rewards in their pay-
a substantial buffering effect checks. Does this mean that
whereby social support acts to money serves as a stronger
cushion the blow and make the motivator? Surveys do not bear
perception of stress less severe. this out. In studies dating back
Additionally, studies have to the 1940s, recognition and
found that workers with lower appreciation always have
levels of social support within outranked salaries.12 One recent
the workplace suffered a higher study of 1,500 employees in
prevalence of cardiovascular various work settings revealed
disease in strenuous jobs, such that personalized, instant recog-
as police work, where high nition from managers served as
demands mix with low control.6 the most powerful motivator of
The implications and benefits 65 potential incentives evalu-
of social support are obvious ated, followed by a letter of
as experts cite cardiovascular approach, will make the task of praise written by the manager.13
disease as the leading killer of improving employee attitudes Of course, money would
Americans.7 more difficult than if supervi- motivate if the employer did not
sors nurture behavior and pay a fair salary. However, once
Morale, Motivation, performance from the start. basic monetary needs are met,
and Employee Retention The importance of employee money becomes less important.
Praise not only promotes retention represents another Money is an extrinsic motiva-
physical and mental well-being issue facing police managers. tor—once it is given, it will
but also improves motivation. A Limited job praise and recogni- become expected. Eventually, if
recent survey found that “nearly tion rank as primary reasons money is withheld, employees
100 percent of respondents why employees leave.11 Officers will see this as a punishment
agree or strongly agree that who receive ineffective or no and the reinforced behavior will
giving recognition can make praise more likely will believe stop. However, praise increases
“
accords some of these lower- ally, not only should everyone
order needs. Higher-order from the chief down provide
needs, such as self-esteem and …management and recognition but command-level
self-actualization, then moti- staff should hold supervisors
vate. Praise and recognition
organizational issues responsible for providing officer
build esteem needs. Once accounted for recognition. Praise opens lines
satisfied, people seek a state of most workplace of communication, which builds
self-actualization where a desire stress in the trust—leading to motivation.
exists to test their potential. police service…. Employees are the product of
Compensation alone will not their environment. Supervisors,
”
build this motivation. especially first-line ones, have
Frederick Herzberg, an the opportunity to make an
organizational theorist, further impact and to create a support-
supports the benefits of praise part of their job. Also, supervi- ive workplace. Progressive
over money. He saw two vari- sors are even more prone to leaders will initiate this environ-
ables functioning within the stress due to additional pres- ment even if it is not pervasive
work setting. Salary represents sures required by their position. throughout the agency.
a “hygiene,” or “maintenance,” They confront the same work
factor, something that acts as environment as officers, but Administering Praise
an incentive only to do what is with additional responsibilities, To have maximum effect,
required. If agencies meet all including facing the conse- supervisors must give praise
hygiene factors, officers are not quences for decisions they have correctly. To this end, they can
motivated—they simply are not made and being caught between gauge their efforts by six impor-
dissatisfied.15 Praise and recog- the wants and needs of adminis- tant characteristics.
nition, however, are motivators trators and subordinates. 1) Timely: Praise should
that impel people to do their Additionally, administer- immediately follow the
best work.16 ing praise properly requires laudable behavior and be
October 2005 / 17
specific. This will ensure confidence and help to agitated, or defensive, a
that the individual will increase performance. change to private recogni-
know and likely repeat the 5) Sincere: As trained tion likely will elicit a
desired behavior. observers keenly aware of different response.
2) Appropriate: Supervisors human behavior, police offi- Methods of Delivery
should not give an expres- cers can detect insincerity
sion of praise without and will question the valid- Face-to-face, spontaneous
reason or base it solely on ity of contrived praise. Also, praise represents the easiest
personality. Further, they managers should not con- and, more important, the most
must consider their relation- fuse praise with flattery— desired form. Administering it
ship with the officer insincere praise used largely in the presence of upper-level
(e.g., for a turbulent rela- to win favor. Praise must be managers can help to bolster
tionship, managers must honest, straightforward, and the purpose of recognizing the
give the praise carefully so spoken from the heart. behavior. Supervisors also can
that the employee will see give written recognition. For
it as sincere). an officer who may prefer
private praise, department
“
3) Given separately: Manag- e-mail and voice mail systems
ers must not correct poor offer less intrusive means of
performance when giving Ample proof communication.
praise. Of course, when exists that stress Supervisors also can con-
disciplining an officer, kind has debilitating sider less spontaneous, more
words can help cushion the effects on health formal ways to recognize
blow. However, supervisors and well-being. officers using departmental
must carefully separate resources. These include—
”
these instances; if not, • an article in the department
employees will accept future newsletter, be it official or
praise with caution as they unofficial;
steel themselves for the
6) Public or private: Super- • a posted message on an
anticipated criticism to
visors usually should give internal or external Web
follow. They also may
praise publicly. This can site;
suspect insincerity.
build esteem and encourage • a letter written by the chief
4) Administered regularly: others to strive for similar on the recommendation of
Supervisors should praise recognition. However, a supervisor;
not only spectacular acts of managers must proceed with
courage but daily acts of caution as some people truly • a publicly exhibited “wall
solid police work on routine dislike public attention and of fame” board displaying
calls. A type of Pygmalion may prefer praise in private. letters of commendation
effect, or self-fulfilling The type of recognition and citizens’ letters of
prophecy, then will follow. must match the personality. recognition; and
As officers receive recogni- For instance, if during • roll-call praise, if all mem-
tion more often for good public praise an individual bers of a shift performed
work, it will build their appears uncomfortable, well on a recent task.
October 2005 / 19
Bulletin Reports
Corrections
The Bureau of Justice Statistics presents HIV in Prisons and
Jails, 2002. This annual bulletin provides the number of HIV-posi-
tive and active AIDS cases among state and federal prisoners at year-
end 2002. It features the number of AIDS-related deaths in prisons, a
profile of those inmates who died, the number of female and male
prisoners with AIDS, and a comparison of AIDS rates for the general
and prisoner populations. Based on the 2002 Survey of Inmates in
Local Jails, the report contains estimates of HIV infection among jail
inmates by age, gender, race, education, marital status, current of-
fense, and selected risk factors, such as prior drug use. It also includes
information on AIDS-related deaths among jail inmates. Highlights
include the following: between 1998 and 2002, the number of HIV-
positive prisoners decreased about 7 percent, while the overall prison
population grew almost 11 percent; at year-end 2002, 3 percent of all
female state prison inmates were HIV positive, compared to 1.9
percent of males; and in 2002, the overall
rate of confirmed AIDS among prisoners
(.48 percent) was nearly 3.5 times the rate
in the U.S. general population (.14 per-
Sexual Offenses
cent). This publication is available online The Office of Community Oriented Polic-
at http://www.ojp.usdoj.gov/bjs/abstract/ ing Services (COPS) presents Illicit Sexual
hivpj02.htm or by contacting the National Activity in Public Places, which describes the
Criminal Justice Reference Service at 800- problem of illicit public sexual activity and the
851-3420. factors that contribute to it, including partici-
pants, locations, motivations, and transactions.
This guide also poses a number of questions to
help understand the issue and identifies numer-
ous responses to the problem and ways to mea-
sure their effectiveness. This report is available
online at http://www.cops.usdoj.gov/mime/
open.pdf?Item=1460.
Bulletin Reports is an edited collection of criminal justice studies, reports, and project findings. Send your
material for consideration to: FBI Law Enforcement Bulletin, Room 201, Madison Building, FBI Academy,
Quantico, VA 22135. (NOTE: The material in this section is intended to be strictly an information source and
should not be considered an endorsement by the FBI for any product or service.)
October 2005 / 21
Legal Digest
“Deliberate Indifference”
Liability for Failure to Train
By MARTIN J. KING, J.D.
”
little or nothing about the prob-
lem. Which is to say, policy-
Special Agent King is a legal instructor at the FBI Academy.
makers were deliberately indif-
ferent to the harm that would
likely result from the failure to
train.2 indifference may be inferred avoid the particular injury-
“Deliberate indifference” is from the policy makers’ contin- causing conduct.7 The fact that
a standard of fault that requires ued adherence to a training training was imperfect or not in
a showing that government program that they knew or the precise form that a plaintiff
policy makers acted with con- should have known would fail would prefer is insufficient to
scious disregard for the obvious to prevent violations in usual or make a showing of deliberate
consequences of their actions.3 recurring situations.6 In such indifference.8 Such second-
A pattern of constitutional vio- cases, the constitutional viola- guessing could be made about
lations by officers may indicate tion must be a highly predict- almost any encounter resulting
that a lack of proper training, able or plainly obvious conse- in injury.
rather than a one-time negligent quence of the failure to train. While a city or county may
administration of the training A training program must be be exposed to liability only
program or factors peculiar to quite deficient for the deliberate when it deliberately ignores
the officer involved in a single indifference standard to be met. the obvious consequences of
incident, is responsible for the To hold the city or county the inadequacies of its training
plaintiff’s injury.4 If a training liable, a plaintiff must show program, there is no neat set
program does not prevent con- that the level of training was so of rules that permits a city or
stitutional violations and a deficient that it fell below what county to determine with pre-
pattern of injuries develops, is constitutionally acceptable. cision when a consequence
officials charged with the Liability does not attach where will be deemed obvious. Pre-
responsibility of formulating an otherwise adequate training dicting how a hypothetically
policy for the agency may be program has occasionally been well-trained officer would act
put on notice that a new pro- negligently administered. Nei- under a specific set of circum-
gram is needed and a failure ther will it suffice to prove that stances is no easy task, par-
to address the problem may an injury or accident could have ticularly because matters of
constitute deliberate indiffer- been avoided if an officer had individual judgement may be
ence.5 In the absence of a received better or more training involved. Nevertheless, one
pattern of violations, deliberate sufficient to equip the officer to guiding principle is that by
October 2005 / 23
choosing the deliberate indiffer- promulgated by that body’s various alternatives by the
ence standard of liability for officers.”11 Government conduct official or officials responsible
Section 1983 claims, the U.S. by way of its policy, in addition for establishing final policy
Supreme Court has made it to the individual employee’s with respect to the subject
difficult for individuals to hold conduct that directly resulted in matter in question.”15 The
city and county governments the harm, must be identified as assessment of what official
liable for violations of rights causing a violation of a recog- possesses final authority to
secured by the U.S. Constitution nized constitutional right.12 establish policy is determined
based on an alleged failure to A plaintiff seeking to find a by state law. The discretionary
train. city or county government liable decisions of lesser officials will
under Section 1983 must estab- not be imputed to the agency as
Employer Liability lish a causal connection be- actionable policy.16
Under Section 1983 tween the injury and a govern-
In Monell v. Department of ment policy or custom.13 Identification of a “Policy”
Social Services of City of New Generally, three possible
York, the U.S. Supreme Court avenues are open to plaintiffs to
“
established the fundamental show the existence of a “policy”
principle in the law of munici- that allegedly caused a constitu-
pal liability under Section 1983 ...a plaintiff must tional violation.
that local governments may be show that the level 1) An express written policy
held liable only for their own of training was or an actual directive from a
conduct and not merely for the so deficient that it policy-making official that,
conduct of their employees.9 fell below what is when enforced, causes a
That is, the government entity constitutionally constitutional violation—in
is not vicariously liable for the acceptable. short, an unconstitutional
actions of its police officers policy. Where a plaintiff can
”
simply because it employed the demonstrate that an existing
officer and the harm was caused policy is itself unconstitu-
while the officer was acting tional when applied as
within the scope of his or her Locating a policy ensures that intended or that a specific
employment. Instead, liability liability attaches only for those action taken or directed by
only attaches to the county or deprivations of constitutional the government itself vio-
city for injury caused by actions rights resulting from the deci- lated a citizen’s constitu-
or omissions attributable to the sions of its duly constituted tional rights, resolving the
government itself.10 Govern- legislative body or of those issues of fault and causation
ment (as opposed to individual) officials whose acts may fairly is relatively straight for-
liability under Section 1983 is be said to be those of the gov- ward. In these cases, there is
restricted only to those cases in ernment itself.14 City or county clear governmental action
which “the action that is alleged government liability under that can be attributed as
to be unconstitutional imple- Section 1983 attaches “where— the cause, or moving force,
ments or executes a policy state- and only where—a deliberate behind the injury of which
ment, ordinance, regulation, or choice to follow a course of the plaintiff complains.17 A
decision officially adopted or action is made from among policy also can be inferred
October 2005 / 25
the city may be held liable if seizure. [The plaintiff] has that the policy makers have
it actually causes injury.24 provided no evidence of actual or constructive notice
Liability should attach defects in the city’s training that a particular inadequacy in
only if the failure to train is a procedures. [The plaintiff] a training program is likely to
“deliberate choice to follow has shown neither that result in a constitutional viola-
a course of action,” and this decision makers continued tion.27 Therefore, in addition to
failure to train must have led to adhere to a training establishing a constitutional
to—caused—the injury in program they know or violation, a plaintiff must make
question.25 This standard en- should have known had the following showings to
sures that isolated instances of failed to prevent officers’ proceed against a government
misconduct are not attributable use of force, nor that a employer under a failure-to-
to a generally adequate policy train theory.28
“
or training program. The delib- 1) Inadequate training:
erate indifference standard Training must be shown to
requires a high degree of culpa- be deficient in a relevant
bility on the part of the policy
The deliberate
indifference standard respect given the injury
maker. A plaintiff must not only sustained. The focus is
establish defects in training requires a high on the deficiencies in the
procedures but also that policy degree of culpability training program itself, not
makers did nothing to cure on the part of the on whether the particular
those defects when they knew policy maker. officer involved was ad-
”
or should have known that equately trained.
violations of constitutional
rights would be the obvious 2) Causation: The failure
result. For example, where there pattern of tortious conduct of the program to provide
has been a demonstrable effort by inadequately trained training caused the injury.
to train officers to handle usual officers indicated lack of That is, the injury would
and recurring situations, evi- proper training. At most, have been avoided had the
dence of a single alleged inci- [the plaintiff] has shown a employee been trained un-
dent involving excessive use of single violation of federal der a program that was not
force by an officer typically will rights, which does not alone deficient in the identified
not suffice to prove deliberate permit an inference of respect.
indifference that equates to a municipal culpability and 3) Deliberate indifference:
policy permitting the excessive causation. [The plaintiff] The inadequate training
use of force. has shown that only [the program must be a “policy”
After the 20-week basic- officer] may have acted of the municipality. This is
training course, the city culpably, not the city.26 demonstrated by circum-
required...all officers to Taken together, the often stances that evidence that
attend an annual 3-day intertwined considerations of policy makers—individuals
training program that pro- fault in the form of deliberate with final decision-making
vided updated information indifference and causation authority in the respective
on laws concerning arrest, amount to a requirement that area of municipal responsi-
detention, and search and liability be based on a finding bility—knew or should have
October 2005 / 27
shoot-don’t-shoot live training this argument, finding that the how to analyze situations,
should be made part of the city did not properly apply the develop options, and select the
training program to minimize definition of deliberate indiffer- option that minimizes the like-
unjustified shootings. In addi- ence under Canton. In establish- lihood of a violent confronta-
tion, testimony from the district ing deliberate indifference, fo- tion” and “periodic target
attorney was provided at trial to cus must be placed on whether course ‘shoot-don’t-shoot’ live
the effect that it was foreseeable the need for more or different training under street condi-
that officers would be placed in training is so obvious, and the tions.”39 Because the police
situations where they would inadequacy so likely to result in department presented no evi-
have to make decisions on the deprivation of constitutional dence of any attempt to address
whether to shoot. An expert also rights, that the policymakers can the deficiencies of its training
testified that it was predicable be said to have been deliber- program, the court found that
in large cities that police offi- ately indifferent to the need. the evidence was sufficient to
cers would encounter situa- permit a jury to reasonably infer
tions in which they would have that the city’s failure to imple-
“
to make judgements as to ment some form of periodic
whether to shoot.36 Prior to the live training constituted delib-
incident, the department’s The inadequacies erate indifference to the con-
shoot-don’t-shoot training of that training stitutional rights of the city’s
consisted of a lecture and a program were citizens.40
movie presented to officers identified by an A finding of deliberate
during basic training at the expert witness as indifference requires that the
police academy. The inadequa- the cause of the government has disregarded a
cies of that training program known or obvious risk of harm
were identified by an expert
shooting in question. caused by its failure to develop
”
witness as the cause of the an adequate training program.
shooting in question. The wit- However, a showing of specific
ness offered the opinion that incidents that establish a pattern
strategic judgement cannot be “Thus, a city is deliberately of constitutional violations is
taught in a classroom—particu- indifferent if 1) its training pro- not necessary to put a munici-
larly based only on the showing gram is inadequate and 2) the pality on notice that its training
of a single film—and that the city deliberately or recklessly program is inadequate. A single
officer, due to lack of training, made the choice to ignore its violation of constitutional rights
handled the situation with the deficiencies.”38 In this case, the combined with a failure to train
suspect as a layperson, rather court concluded that the testi- officers to handle that situation
than a trained professional.37 mony underscored the obvious- is sufficient to trigger municipal
The city argued that as a ness of the deficiency of the liability if the situation was
matter of law, it could not be existing training program. The likely to occur and presented an
found deliberately indifferent district attorney’s letter ex- obvious potential for a constitu-
because it had some shoot- pressly recommended that the tional violation.41
don’t-shoot training and, thus, police department institute In Young v. City of Provi-
recognized the problem and was expanded training in the areas dence, the First Circuit Court of
addressing it. The court rejected of “strategic skills development; Appeals recently addressed the
October 2005 / 29
its failure to afford specific Conclusion Endnotes
training to better handle un- Liability for failure to train 1
Title 42, U.S.C., § 1983 provides in
precedented occurrences. An will be imposed when it can be pertinent part: “Every person who, under
example is afforded by the demonstrated that a municipal color of any statute, ordinance, regulation
Fifth Circuit case Cozzo v. or custom or usage of any State...subjects
policymaker knew or should or causes to be subjected, any citizen of
Tangipahoa Parish Council,48 have known that inadequate the United States or other person...to the
which involved alleged viola- training was so likely to result deprivation of any rights, privileges and
tions of Fourth and Fourteenth in the violation of constitutional immunities secured by the Constitution
Amendment rights stemming rights that the policy maker can and laws shall be liable to the party injured
from a clearly unlawful eviction in any action at law....”
reasonably be said to have been 2
City of Canton v. Harris, 489 U.S.
following a police captain’s deliberately indifferent to the 378, 109 S. Ct. 1197, 103 L.Ed. 2d 412
allegedly erroneous interpreta- need. The inadequacy of the (1989).
tion of the requirements of a training program must be 3
See Board of County Commission of
temporary restraining order in a obvious and likely to result Bryan County Oklahoma v. Brown, 520
U.S. 397, 117 S. Ct. 1382, 137 L.Ed. 2d
domestic case. Although the in a constitutional violation. 626 (1997).
plaintiff was able to establish 4
Id. at 407-408
“
that there was a failure to set 5
Id. at 409.
any specific rules or guidance 6
Id.
7
regarding the actions allowed See Palmquist v. Selvik, 111 F.3d
when enforcing restraining
...a municipality may 1332,1345 (7th cir. 1997) (Where town
orders in domestic cases and
be deemed gave police some training on handling
deliberately indifferent suspects exhibiting abnormal behavior,
that there was a direct causal argument that even more training should
connection between the lack of if it does not afford have been given failed.).
training and the alleged viola- some training that 8
See Canton 489 U.S. at 391; Young ex
tion, the court found that there specifically addresses rel. Estate of Young v. City of Providence,
404 F.3d 4, 27 (2005); Grazier v. City of
was no basis for municipal the particular Philidelphia, 328 F.3d 120, 125 (3rd Cir.
liability due to the unprec- potential for harm. 2003).
edented nature of the incident.49 9
436 U.S. 658, 690, 98 S. Ct. 2018,
”
An unlawful eviction pursuant 2035-36, 56 L.Ed. 2d 611 (1978) (In
Monell, the Supreme Court held that
to a captain’s interpretation of municipalities and other local govern-
a restraining order had never mental bodies are “persons” within the
before occurred in more than 20 Although deliberate indif- meaning of § 1983 and, therefore, are
years of documented sheriff’s ference is most often found in subject to liability based on their actions
department history.50 There was cases that involve inaction in or policies that subjected a person to a
deprivation of a constitutional right but
no deliberate indifference given the face of a pattern of prior that they are not liable merely because they
the lack of prior similar consti- similar constitutional violations, employed the person who actually inflicted
tutional violations and no a failure to act that results in a the deprivation.).
evidence to support a finding single unprecedented incident 10
Id. at 689.
11
that constitutional violations can support a finding of delib- Id. at 691, 694.
12
See Collins v. City of Harker
were a predictable consequence erate indifference where the Heights, 503 U.S. 115, 120, 112 S. Ct.
of a failure to afford specific constitutional violation was a 1061, 117 L.Ed. 2d 261 (1992) (It should
training in the interpretation highly predictable consequence be stressed that a local government’s
of temporary retraining orders. of a failure to train. failure to train that results in injury to a
October 2005 / 31
FBI Law Enforcement Bulletin
Author Guidelines
GENERAL INFORMATION leb/leb.htm for the expanded author guidelines,
The FBI Law Enforcement Bulletin is an which contain additional specifications, detailed
official publication of the Federal Bureau of examples, and effective writing techniques.
Investigation and the U.S. Department of Justice. PHOTOGRAPHS AND GRAPHICS
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Early one morning, Officer Ross Snyder of the Orem, Utah, Depart-
ment of Public Safety was the first responder to a house fire. Upon arrival,
he was notified of a man inside and heard the victim cry for help and advise
that he could not walk. Officer Snyder immediately entered the burning
house and crawled beneath the dense smoke. He began communicating
with the man and using a flashlight as a beacon. The victim advised that he
saw the light and that he was in the kitchen. Officer Snyder located the
vinyl flooring but had to search the room for the now-unconscious man.
After finding him, he carried him outside to safety. The victim was treated
for minor injuries and released from the hospital the next day. The brave
Officer Snyder
actions of Officer Snyder saved this man’s life.
Official Business
Penalty for Private Use $300
Patch Call
Established in 1854, Leavenworth was the first The patch of the Palm Bay, Florida, Police
city in Kansas. The patch of its police department Department features a Native American woman
was adapted from the state seal and pictures an scattering flowers. Also pictured are palm trees, a
outrider following a Conestoga wagon drawn by river with a steamboat, a cabbage palmetto tree,
oxen. This scene represents the numerous wagon and a brilliant sun in the background.
trains that traveled the Santa Fe and Oregon Trails
through Leavenworth.