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The attorney general has determined Evidence-Based Decisions Research on law enforcement officers’
that the publication of this periodical
is necessary in the transaction of the
public business required by law. Use
on Police Pursuits
By David P. Schultz, Ed Hudak,
1 perceptions of police pursuits has
revealed several interesting issues.
of funds for printing this periodical has
been approved by the director of the and Geoffrey P. Alpert
Office of Management and Budget.
The FBI Law Enforcement Bulletin Child Fatality Review Boards To help their local child fatality review
(ISSN-0014-5688) is published
monthly by the Federal Bureau of
Investigation, 935 Pennsylvania
By Gerald Kelley 14 boards, law enforcement agencies must
conduct thorough investigations of all
Avenue, N.W., Washington, D.C. deaths involving youngsters.
20535-0001. Periodicals postage paid
at Washington, D.C., and additional
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Stephanie L. Lowe 8 Perspective 20 Notable Speech
The Training Division’s
Risk Management The Badge of Trust
Outreach and Communications Unit and Police Training
produces this publication with
assistance from the division’s 23 Leadership Spotlight
National Academy Unit.
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“P
erhaps the most officers, suspects, victims, by- Second, one person dies
compelling, ongo- standers, and the community.”1 every day as a result of a
ing, and logical This balancing test has formed police pursuit. On average,
reason for law enforcement’s the cornerstone of pursuit poli- from 1994 through 1998,
continued interest in high-speed cies, training, and practice for one law enforcement officer
vehicle pursuits has been its the past several decades. was killed every 11 weeks
concern in balancing the values Police pursuit records in a pursuit, and 1 percent
of crime control and offender provide some frightening of all U.S. law enforcement
apprehension with ensuring the statistics. First, the majority officers who died in the line
safety of all parties who poten- of police pursuits involve a of duty lost their lives in ve-
tially might be involved—police stop for a traffic violation. hicle pursuits. Innocent third
March 2010 / 1
Mr. Schultz works with the Major Hudak serves with the Dr. Alpert teaches at the
Minnesota Highway Safety and Coral Gables, Florida, Police University of South Carolina
Research Center in St. Cloud. Department. in Columbia.
parties who just happened arrest the suspect. While the of- chase. In other words, the
to be in the way constitute ficer originates an enforcement officer must balance the goals
42 percent of persons killed stop, the suspect, if he flees, of law enforcement with the
or injured in police pursuits. initiates a pursuit.4 When this public’s safety.
Further, 1 out of every 100 occurs, the officer must respond The officer must understand
high-speed pursuits results to the suspect—who has no that when a suspect refuses to
in a fatality.2 rules—with a balanced and rea- stop for the emergency lights
Within the context of these sonable approach to apprehend and siren, a common encounter
horrific statistics, officers are him. Accordingly, the officer turns quickly into a high-risk
charged with protecting public must become aware of personal and dangerous event where
safety, which often requires se- capabilities and take into ac- the “show of authority” may
rious personal and social risks. count environmental conditions negatively affect the suspect’s
Although empirical evidence that may affect his ability to driving. If the suspect continues
is scant, each study conducted accomplish the overall mission or increases his reckless opera-
on police pursuits enhances the of the police, to protect lives. tion of the vehicle, the officer,
available knowledge. That is The officer must factor into the basing his reaction on policy
the main purpose of the authors’ decision-making process the and training, must respond to
research, along with provid- risk created by the suspect’s the potential benefit and risk of
ing policy makers and trainers driving, the potential actions of the pursuit and also understand
another tool to assist them in innocent bystanders and others the influence of the chase on
formulating evidence-based who may become involved, and the participants. The need to
decisions.3 the influence of his actions on “win” and make that arrest can
the suspect’s driving. In addi- be influenced by the adrenaline
Dynamics of Pursuits tion, the officer must consider rush felt by the officer who also
Obviously, the goal of the the likelihood of apprehension must recognize that the fleeing
officer is to apprehend and in the decision to continue a suspect will have the same
“
for the officer is that there are anecdotal information from
only limited ways to get the officers and empirical data from
suspect to stop, including a tire the suspects themselves, four
deflation devise, a precision researchers conducted a study
immobilization technique (PIT) The fleeing suspect as part of a grant from the
maneuver at proper speeds and is attempting to National Institute of Justice
locations, or an application of escape the wherein they interviewed sus-
deadly force.6 consequences of pects who had fled from the
The dynamics of most pur- his actions and police.9 Their effort, the first
suits include the fleeing suspect avoid being taken systematic study to quantify the
raising risks to the welfare into custody. perceptions of suspects involved
”
of the officer, the public, and in pursuits, provided informa-
himself by not stopping and tion on a variety of topics, in-
then driving recklessly. The cluding the demographics of
fleeing suspect is attempting to those who fled from the police
escape the consequences of his the suspect likely will escape (their average age was 26, and
actions and avoid being taken apprehension at that time. Many 94 percent were male), as well
into custody. Most pursuits are progressive policies instruct of- as what happened (30 percent of
for minor offenses, and whether ficers who terminate a chase to the suspects crashed, 30 percent
those fleeing suspects have stop, pull over, radio their posi- stopped, and 25 percent outran
committed a serious crime is tion, and drive away from the the police) and why they fled
pure speculation.7 In addition, suspect to signal that the officer (32 percent were driving a
research has shown that if the has given up and the suspect stolen car, 27 percent had a sus-
police refrain from chasing all has “won.” The point of this pended driver’s license, 27 per-
offenders or terminate their tactic is to notify dispatch of the cent wanted to avoid arrest, and
pursuits, no significant increase termination and to inform the 21 percent were driving under
in the number of suspects who suspect that he can slow down the influence).10 One of the more
flee would occur.8 and drive safely without con- interesting findings from the
One of the dilemmas faced stantly looking in his mirrors. suspects concerned their will-
by law enforcement is whether The question is, When will the ingness to slow down when the
or not to continue a chase. suspect slow and his driving police stopped chasing them.
March 2010 / 3
Approximately 75 percent instructors have heard a wide behavior. What is known is that
reported that they would slow array of responses concerning pursuits are dangerous and place
down when they felt safe. They the behavior of fleeing suspects officers, citizens, and suspects
explained that on average, they during pursuits. The anecdotal at risk. What is not known is
would have “to be free from the information has indicated that how to make them safer for
police show of authority by officers realize suspects will all concerned. Some policies
emergency lights or siren for not continue their reckless- mandate the termination of
approximately 2 blocks in ness forever and at some point a pursuit when the risks out-
town...and 2.5 miles on a will slow down. Conventional weigh the benefits. The thinking
freeway.”11 In other words, sus- wisdom has suspects reducing behind this approach is to have
pects who have fled from the speed quickly in town and after the police not be part of the
police report that once the offi- a longer period on a highway or problem but part of the solution.
cer terminates the pursuit, they freeway. Discussions of offi- If possible, a safe and proper
will slow down within a reason- cers’ beliefs about the behavior PIT maneuver can bring an end
“
able period. to some chases. In many other
In addition to the suspects’ cases, it is more appropriate for
data on pursuit termination, a the officer in a pursuit to turn
researcher surveyed members of off his lights and siren and stop
the Airborne Law Enforcement One of the more or turn around. This behavior
Association to determine their interesting findings is designed to signal to the sus-
experiences with pursuits. The from the suspects pect that he is safe and can slow
data revealed that after ground concerned their down and remove the risk to
units terminated their pursuit, willingness to the public. Once the suspect
“on average, suspects contin- slow down when receives this signal, it is antici-
ued driving dangerously for the police stopped pated that he will slow down.
90 seconds before slowing.”12 chasing them. As in any aspect of law en-
”
The researcher concluded that forcement, defensible decisions
“results from this pilot study, should be based on empirical
other prior research, and an- evidence. In pursuit matters,
ecdotal evidence suggest most however, suspects have claimed
fleeing suspects will return to of fleeing suspects have been that they will slow down and
safe driving behavior within a neither extensive nor system- become safer relatively quickly
relatively short period of time atic; they have occurred during after a pursuit is terminated.
after ground pursuits are termi- training, debriefings, and in But, what do officers have to
nated. However, there will be other informal situations. say about these issues?
those cases where despite law While the research has No attempt has occurred to
enforcement efforts to pursue been scant, the opinions about quantify officers’ experiences or
less frequently and to terminate suspect behavior have been perceptions about the behavior
more pursuits as quickly as widespread. Discussions held of fleeing suspects. The authors’
possible, fleeing suspects will in training sessions point to a study, therefore, complements
create tragedies.”13 wide variety of opinions con- the research conducted with sus-
During years of training cerning pursuits, the proper pects by asking police officers
officers in decision making, police response, and suspect many of the same questions.
Missing 30 32
Median 1 5 5
*Officers who reported on average that suspects would quit running after 10 miles.
March 2010 / 5
Interestingly, the recruits—who
had no real experience with
policing or pursuits—advised
that fleeing suspects would
quit running after 2.9 blocks in
town and 4.2 miles out of town.
Overall, the authors interpreted
these findings to indicate that
most officers generally believe
suspects will quit running after
about 2 blocks in town and
approximately 4 miles out of
town.
© iStockphoto.com
Implications of Research
Balancing the need to im-
end in a crash and that if they stop within 5 or fewer blocks. mediately apprehend a fleeing
terminated a pursuit, 39 percent The other 2 percent believed suspect with the risk created
of those would crash anyway. that the suspects would continue by the chase forms the founda-
In other words, these young re- fleeing for a greater distance. tion of police pursuit policies.
cruits believed that by terminat- In out-of-town pursuits, the The operational meaning of
ing the pursuit, 22 percent fewer officers thought that on average, this test is that once an offi-
crashes would occur. suspects would quit running cer terminates his pursuit, the
Perhaps the most important after 7 miles. Seventy percent suspect will slow down and
aspect of this research involved believed that suspects would blend into traffic, go home,
the officers’ and recruits’ opin- stop within 10 miles, whereas or exit the vehicle and try to
ions concerning when a fleeing 30 percent felt that the sus- escape on foot. In other words,
suspect would slow down after pects would continue beyond pursuit policies are based on the
a chase had been terminated. that distance. The officers who notion that once an officer or
The authors asked the officers believed that suspects would supervisor terminates a pursuit
and recruits, “If a pursuit was quit running before 10 miles because the risks are too great,
terminated, how far do you be- reported an average response of the public will be safer than if
lieve the suspect would run if in slightly less than 4 miles. That the pursuit is continued. Unfor-
town and if out of town?” Table is, those officers who believed tunately, empirical research on
1 shows the answers for in-town that suspects would be impacted the actions of fleeing suspects is
pursuits in blocks and for those by their lights and sirens be- scarce, but the data in this study
conducted out of town in miles ing turned off felt that suspects expressed officers’ opinions on
and tenths of a mile. would quit running after 3.9 what suspects will do after they
On average, the officers miles. Similarly, 62 percent terminate their active attempt to
reported that suspects would of the officers indicated that apprehend such individuals.
quit running after 1.7 blocks suspects would quit running Evidence-based decision
in town. Overall, 98 percent within 5 or fewer miles with an making in law enforcement has
advised that suspects would average response of 3.5 miles. been an important improvement
“
as males.
Additionally, policies and train- 5
James Meyerhoff, William Norris,
ing can be explained to officers George Saviolakis, Terry Wollert, Bob
using quantitative and quali- Burge, Valerie Atkins, and Charles
tative research findings as Spielberger, “Evaluating Performance
opposed to anecdotes. Perhaps the most of Law Enforcement Personnel During a
important aspect Stressful Training Scenario,” Annals of
the New York Academy of Sciences 1032
Conclusion of this research (2004): 250-253.
While more research needs involved...opinions 6
G. Alpert, D. Kenney, R. Dunham,
to be conducted on the ac- concerning when a and W. Smith, Police Pursuits: What We
Know (Washington, DC: Police Executive
tions of fleeing suspects after a fleeing suspect would Research Forum, 2000).
pursuit has been terminated, it is slow down after a 7
John Hill, “High-Speed Police
noteworthy that fleeing suspects chase had been Pursuits: Dangers, Dynamics, and Risk
”
and officers have provided simi- terminated. Reduction.”
lar answers to the questions of 8
For a discussion of the experiences
of the Orlando, Florida, Police Depart-
suspect behavior. Specifically, ment, see G. Alpert, R. Dunham, and
the majority of suspects report- M. Stroshine, Policing: Continuity and
ed that they would slow after 2 Change (Long Grove, IL: Waveland Press,
blocks in an urban area, while provide empirical data that can 2006), 194-205.
the officers thought the suspects guide policies and training. Of 9
R. Dunham, G. Alpert, D. Kenney,
would do so in just under 2 course, whether or not police and P. Cromwell, “High Speed Pursuit:
blocks. On freeways, the major- officers should terminate an The Offender’s Perspective,” Criminal
active attempt to apprehend a Justice and Behavior 20 (1998): 30-45.
ity of the suspects reported that 10
Suspects could list more than one
they would slow after 2.5 miles, suspect is a different question reason.
whereas most of the officers that depends on what they know 11
Dunham, Alpert, Kenney, and
felt they would after just under or have reasonable suspicion Cromwell, “High Speed Pursuit: The
4 miles. Because the reality to believe that the suspect has Offender’s Perspective,” 38.
done.
12
Jeff Martin, “Pursuit Termination:
may be somewhere in between A Lifesaver?” Law and Order 49 (2001):
these estimates, more research 30-33.
Endnotes Ibid.
is needed to test these findings.
13
1
C.M. Lum and G. Fachner, Police 14
L. Sherman, Evidence-Based Polic-
While the research reported Pursuits in an Age of Innovation and ing: Ideas in American Policing (Washing-
here or anywhere else cannot Reform (Alexandria, VA: International ton, DC: Police Foundation, 1998).
predict the actions of a specific Association of Chiefs of Police, 2008), 4. 15
This would be an ecological fallacy.
March 2010 / 7
Perspective
Risk Management recognize the need for risk management and in-
corporate contemporary safety protocols into their
and Police Training training plans and programs.
By Thomas Connelly
Training for Dangerous Work
As the law enforcement profession and tech-
nology have advanced over the past few decades,
officers have faced elevated levels of risk in the
training environment. Thirty years ago, police
training primarily consisted of classroom-based
instruction supplemented with some practical ac-
tivities. Now, particularly as technology has flour-
ished, it has evolved to include more experiential
and scenario-based exercises simulating situations
that officers will encounter in the field. Such
training always presents more risk and potential
for injury than classroom teaching. Any scenario-
based exercises; firearms-related training, routine
or not; vehicle operations courses; training involv-
ing physical tasks, including those combined with
specialized knowledge (e.g., rappelling); and a
“
ing officers to achieve higher training day,” the accident
levels of tactical awareness and happened. Everyone involved
proficiency in these situations. shares some of the same life-
Now, line officers learn basic Training accidents, altering feelings and emotions.
hostage rescue tactics, a task many with tragic Many assume some responsi-
previously handled by well- consequences, have bility, mostly emotionally and
equipped and highly trained occurred throughout privately.
SWAT officers. Most of the law enforcement’s So, what costs accom-
active-shooter courses include history. pany these senseless incidents?
”
scenario-based training incor- These tragic events take a dev-
porating unloaded or simulated astating toll not only on those
firearms, along with classroom affected but on the professional
instruction. Sometimes, officers reputation and internal opera-
complete a live-firing component at a range. Such tions of an organization. Entire agencies, perhaps
instruction, which can involve students who have multiple ones, are deeply impacted and changed
less exposure to the intricacies of the requisite forever. The liability exposure proves immense.
tactics using real or simulated weapons, presents Postevent investigations may result in criminal
risk. prosecutions. Otherwise successful careers be-
Years ago, I participated in SWAT training that come marred and, oftentimes, end. Nearly always,
ended with a tragic and preventable death. During some type of wrongful death or negligence law-
a hostage rescue exercise on a commuter train, one suit follows; the cost of defending, litigating, and
of the role players, a reserve officer, was shot and resolving them levies a huge financial burden on
killed with a supposedly unloaded firearm. This organizations.
young man left behind a wife and a young son. I What is the life of a police officer worth? More
witnessed this incident from just a few feet away, important, could the money used for the costs of
and I still can see the images of this senseless and investigating the incident, defending the lawsuit,
avoidable tragedy. How did a loaded firearm get paying settlements or negative judgments, and
March 2010 / 9
financing the postevent psychological intervention funding, to address safety protocol development
have helped proactively ensure a safer training and implementation. Finally, leaders must exem-
environment? Why do these tragedies occur with plify and communicate this dedication to safety
such frequency and predictability? How can law through their words and, more important, their
enforcement fix the problem? actions.
The answers to many unresolved questions The selection of highly qualified and commit-
prove complex. However, the basic response to ted trainers is essential to ensure the success of
the problem simply is prevention through proac- any law enforcement training program, especially
tive risk management and enhanced training plan in higher risk environments. Trainers must be
development. Ineffective foresight and planning, committed to safety, educated on training plan de-
along with, perhaps, some level of complacency, velopment and risk analysis, and open to changing
in the training environment rep- their techniques to meet emerg-
resent the most common factors ing needs and trends. They also
“
that lead to preventable acci- must display sound risk analy-
dents. Agencies must develop sis and innovative thinking ca-
processes to adequately iden- Today, the public pabilities. And, they never can
tify and address these factors. has increased exhibit complacency.
Agencies also need to adopt
Mitigating Potential Threats expectations of contemporary training safety
Creating a truly safe training law enforcement, practices. As the hazardous
environment requires foresight, and this has training environments and
risk assessment, and prepara- impacted training. courses are unique and varied,
”
tion. Departments must have an so are the resultant safety con-
organizationwide commitment siderations that departments
to safety. While planning and need to address. Safety policies
developing courses, agencies and procedures need to be flex-
must proactively identify danger and implement ible, adaptable, and fluid so they effectively relate
effective policies, procedures, and precautions to varying training practices, environments, and
well before any student participates. And, trainers plans. Additionally, agencies must incorporate into
and department leaders must be thoroughly knowl- their training programs a system of checks and bal-
edgeable of risk management techniques. ances that reflect the appropriate level of risk.
Law enforcement executives must institu- All law enforcement leaders and trainers
tionalize systems (e.g., policies, procedures, and should proactively seek information, advice,
practices) designed to identify risks in the train- and education in critical safety processes. Some
ing arena and develop processes to mitigate those helpful, readily available resources include the
risks. Leaders need to communicate and enforce, International Association of Chiefs of Police,
through rewards and consequences, their expecta- National Tactical Officers’ Association, national
tions throughout the organization. Agencies must and regional training officers’ associations, state
have an unwavering, top-down organizational police training oversight organizations, and other
commitment to safety in the training environ- law enforcement trainers. Some private vendors,
ment. They also must ensure adequate instructor particularly manufacturers of various police weap-
training and organizational resources, including ons, restraint devices, and force-on-force training
T he FBI Law Enforcement Bulletin has been available to our readers online
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Editor
FBI Law Enforcement Bulletin
March 2010 / 11
Bulletin Reports
March 2010 / 13
Child Fatality
Review Boards
By Gerald Kelley
I
A statue stands in n 1987, the death of a had dealt with the family prior
a shaded place, 7-year-old boy at the hand to the youngster’s death and
An angel girl with of his mother’s live-in why a closer working relation-
an upturned face,
boyfriend raised many ques- ship did not exist among them.
A name is written
on a polished rock, tions about the procedures and These questions were directed
A broken heart that practices used by the area’s at the local children’s social ser-
the world forgot.1 agencies that protected and vice, the schools, and the police
served children. Newspaper because all had contact with
articles brought into question the family. But, the information
the roles and responsibilities of that each possessed was either
the various organizations that not available or only so in small
© shutterstock.com
amounts to the other agen- improvement of intra- and expanded from a core member-
cies involved. What could the interagency performance, ship to include representatives
community do to ensure better and to reduce the number from education, other health-
coordination among these enti- of preventable deaths in related agencies, and the courts,
ties? To illustrate an effective the county along with prosecutors and
solution, the author presents 2) To present to the com- other professionals as deemed
an overview of the child fatal- munity a statement of the necessary. It also now encom-
ity review process by using an committee’s analysis and passes not only deaths from
example from his local commu- findings abuse and neglect but also those
nity of Summit County, Ohio. The committee relied on as a result of natural causes,
Developing the Plan child fatality review models es- accidents, and suicides.
tablished in other communities, In July 2000, Ohio passed a
Following the tragic death particularly the one in Los An- law mandating that each county
of the young boy, the children’s geles, California, that focused in the state establish a child
services board initiated an effort on a multiagency approach to fatality review board governed
to address the communica- coordinate the information each by its department of health.
tion problem among the com- organization possessed. This To accomplish the law’s ulti-
munity’s agencies. Members approach enabled individual mate purpose of reducing the
brought in experts from the agencies to benefit from the ex- incidence of preventable child
medical, social, and legal fields change of information and im- deaths,3 each review board
for a symposium that presented prove performance as related to would—
information on how other com- the welfare of children.2
Since • promote cooperation, collab-
munities had banded together to
its beginning in 1978, the child oration, and communication
review child fatalities and seek
fatality review process now among all groups that serve
preventive solutions. Relying on
exists in all 50 states and has families and children;
models in practice, a core group
of participants gathered to study
and begin the review process of
“
child fatalities. The committee,
composed of representatives
from local child-serving agen-
cies, public health officials, Local child fatality
medical practitioners, the medi- review boards analyze
cal examiner, prosecutors, and the data they have
law enforcement personnel, collected for trends
began with two main goals. occurring in their
1) To review all child deaths counties.
and near deaths due to child
”
abuse and neglect, to assess
each involved-agency’s sys-
tem performance, to make Lieutenant Kelley is the unit commander for the
recommendations for the Juvenile Bureau of the Akron, Ohio, Police Department.
March 2010 / 15
• maintain a database of all the mother’s pregnancy history, concern for a child has arisen,
child deaths to develop an both past and current. each agency will show what
understanding of the causes In reviewing cases involving steps it has taken to correct the
and incidences of them; and abuse or neglect, the committee problem or to refer family mem-
• recommend and develop members report on the contact bers to another organization
plans for implementing they have had with the family. better suited to help them. Law
local service and program Children’s social services will enforcement will discuss con-
changes and advise the provide a history of their inves- tacts with the youngster and the
department of health of tigations regarding any abuse family regarding arrests, calls
aggregated data, trends, and neglect and their referrals to of service to the household, and
and patterns found in child other agencies for follow-up as- missing person reports about the
deaths.4 sistance or training. This could child. While arrests are impor-
range from life-skills training to tant factors to consider, they do
Implementing the Process medical services. Health pro- not always reflect the complete
The Summit County Child viders will discuss training and dynamics of the family. Calls
“
Fatality Review Board exam- of service can reveal incidents
ines all of the child deaths that of domestic violence and other
have occurred within the juris- family-related difficulties where
diction and incidents involv- no arrest took place. Missing
ing youngsters who lived in In reviewing person reports also can prove
the county but died outside the cases involving significant because many in-
area. The process starts with abuse or neglect, the volve a juvenile running from a
each member receiving a packet committee members situation. Combining all of the
provided by the county’s depart- report on the contact information from the reporting
ment of health that includes the they have had agencies creates a clearer pic-
death and birth certificates for with the family. ture of the child’s life and
”
each child who recently died ex- the roles that the community’s
cept those involved in a pending various agencies have played
criminal investigation.5 As with in it. The information also
all cases reviewed, confidential- can show the deficiencies, or
ity is required by law. other assistance provided to the “holes,” in the system that need
First, the board examines family, for example, referrals correction.
the death certificate, which that the parents received during After presenting all of the
provides the cause and manner and after the child’s birth to the information, the committee
of death as determined by the Help Me Grow program.6 With discusses whether the death
medical examiner or the child’s older children, the schools can could have been prevented. Was
physician when the case does provide information on their a known safety risk ignored, or
not involve the medical exam- progress and whether they have was the family even aware of
iner. Next, it reviews the birth had disciplinary or attendance the risk due to a lack of infor-
certificate, which covers general issues. Both areas can be indica- mation? However, not all of
information about the child and tors of problems occurring with- the public information regard-
the parents and details regarding in the family. Once again, where ing safe practices is consistent.
For example, some private committee notify all of the com- Shake program, volunteers
organizations encourage sleep- munity’s social service agen- provide personal instruction to
ing with a newborn to promote cies about the recall and have schools and other groups. With
bonding between the parents them check the model against most review committees rely-
and the child. However, this any donated cribs that they had ing on their agency members
practice can prove deadly if a received. Members compiled for operating costs, they have to
parent rolls over on top of the a list of organizations and sent be extremely resourceful to get
child while sleeping. Each year, out an informational letter de- their message out. They have
the committee investigates and scribing the committee’s safety turned to their communities and
reviews cases that list this as ei- concerns with the recalled crib local member agencies to pro-
ther the cause of or as a contrib- and the potential dangers of its vide funding for informational
uting factor to an infant’s death. continued use. flyers, training videos, and other
Some of these deaths are ruled aids, which they distribute to
undetermined if the medical ex- Using the Information schools, social programs, health
aminer cannot ascertain whether Local child fatality review departments, hospitals, private
they resulted from asphyxiation boards analyze the data they doctors, and retail businesses.
or a criminal act. During this have collected for trends oc- Each county review board
portion of the process, com- curring in their counties. They sends the data it has collected
mittee members often discover address the necessary means to the state’s department of
additional information that may and modes to educate the com- health where such information
have contributed to the death. munity to eliminate preventable forms the basis for the state’s
For example, during a discus- deaths. Programs have mirrored annual report of child deaths.
sion about an infant who died national campaigns, such as the The boards include their deci-
in a crib, a member asked about Back to Sleep and Don’t Shake sions concerning whether they
the make and model of the bed. programs.7 Members gather re- believed that any deaths could
It turned out that the manufac- sources for educational purpos- have been prevented. These are
turer had recalled the crib for es and distribute them through- subjective decisions based upon
structural problems. Another out the community. In certain their reviews, which rely heavi-
member then suggested that the instances, as with the Don’t ly on information gathered from
March 2010 / 17
investigations of the deaths and room temperature, can provide reduced the number of sudden
medical records of the deceased the clues necessary for an ac- deaths of infants by as much
children. curate ruling on the death. All as 40 percent.8 Law enforce-
To aid their local child of this information then be- ment has a major role to play
fatality review committees, comes part of the department in this process by conducting
law enforcement personnel and of health’s statistics. The more thorough scene investigations.
medical examiners must con- accurate the investigations, the This information, along with
duct thorough investigations of better the analysis of why chil- data obtained from medical
all deaths. Scene investigations dren die, which may lead to the examiner autopsies, will present
are essential to the successful development of ways to prevent an accurate picture of the man-
completion of all cases, both such tragedies. ner of death. With this valuable
criminal and noncriminal. This information, the development
proves especially important Conclusion of prevention programs can be
when investigating the death Child fatality review boards directed toward reversing these
of a child. Many community have been in existence for only fatalities.
organizations use the observa- 30 years. Since their incep-
tions and information gathered tion, they have expanded both Endnotes
from the scene to better under- geographically and in content. 1
Martina McBride, “Concrete Angel,”
stand why the child died and From analyzing child abuse Greatest Hits, RCA Records, 2001, written
to determine if the death could and neglect cases to studying by Stephanie Bentley and Rob Crosby,
have been prevented. Concise all child deaths, their ultimate produced by Martina McBride and Paul
Worley.
documentation of seemingly goal is the prevention of these 2
Michael Durfee, George Gellert,
unimportant details, including tragic occurrences. Studies have and Deanne Tilton-Durfee, “Origins and
sleeping conditions and posi- shown that projects like the Clinical Relevance of Child Death Review
tions, victim’s clothing, and Back to Sleep program have Teams,” Journal of the American Medical
Association 267 (1992): 3172-3175.
3
See Ohio Department of Health, Child
Fatality Review Web site at http://www.
odh.ohio.gov/odhPrograms/cfhs/cfr/
cfr1.aspx.
4
Counties that had review committees
converted them to follow the guidelines
established by the state’s new law.
5
These deaths are either briefly re-
viewed or postponed until the prosecution
is completed or the case has been closed
by law enforcement.
6
For information on this program,
access http://www.ohiohelpmegrow.org.
7
For information on the Back to Sleep
program, access http://www.nichd.nih.gov/
sids/ and for the Don’t Shake program,
access http://www.dontshakejake.org/.
8
See Ohio Department of Health,
Sudden Infant Death Web site at http://
© iStockphoto.com
www.odh.ohio.gov/odhPrograms/cfhs/sid/
sids1.aspx.
Wanted:
Notable Speeches
March 2010 / 19
Notable Speech
The Badge of Trust from the Bible, read one sentence from a U.S.
By John L. Gray Supreme Court Justice, and tell one story.
T
Unexpected Changes
wo weeks ago, I was sitting in my office on Ecclesiastes, Chapter 1, verse 9 reads, “What
a beautiful, calm Friday afternoon. Like all has been is what will be; and what has been done
good chiefs and sheriffs, I was trying to come up is what will be done; and there is nothing new
with a plausible excuse to skate out of the office under the sun.” There is nothing new under the
and start the weekend a little early. But, my schem- sun. You will see the accuracy of that scripture
ing was interrupted when a secretary buzzed the today because whatever thoughts I share with you
intercom and said that the academy director was on here will be things that you already know. But, I
line three. My first reaction was to chuckle and say, hope to help you remember and prioritize some
“OKwho is it really?” To my horror, she replied, of those things, move them around to, perhaps,
“I’m serious. It’s the director of the Iowa Law a more prominent place in your mind because
Enforcement Academy (ILEA), and she wants to keeping ideals, principles, and goals foremost in
speak with you.” your thoughts will guide you to become the peace
Now, I do not care how long you have been in officers you want to be and the peace officers we
law enforcement in Iowa or what position you hold want you to be.
in your agency. If you are a graduate of ILEA and First, I will remind you that life is lived min-
suddenly learn that the director is on the line, well, ute by minute, and it changes at that same pace.
it can certainly give you pause. I would describe
my reaction like that of a parolee who hears the
warden unexpectedly knocking at the front door. Chief Gray of the
I have two officers in the 222nd basic class, so Altoona, Iowa, Police
Department, delivered this
I thought that maybe one of them had been hurt. commencement speech to
That has happened before. Or, maybe they both the 222nd basic training
were in some kind of trouble. Maybe they were class of the Iowa Law
Enforcement Academy
together on the driving course and lost control, on July 11, 2008.
and the car crashed through the wall of the admin-
istrative wing of the academy. Are they all sitting
together in the director’s officemy two guys,
the director, and the car? And, maybe it is really
dusty and smoky in there with a funny smell in the
air. Well, whatever was going on, I had no choice;
I had to take the call.
As it turned out, Director Westfall simply
wanted to invite me to speak at your graduation
ceremony. So, thank you Director Westfall; mem-
bers of the academy staff; the academy council;
and the 222nd basic class for allowing me to be
here today. I will try to make the next few minutes
very simple as I direct my remarks to Iowa’s new-
est fleet of peace officers. I will quote one scripture
“
communities or not, we all not want this responsibility for
mourn the loss of life, property, themselves; they want to give it
businesses, and, most of all, …life is lived to you. But, they also want you
normalcy because of a life that minute by minute, to get it right.
happens minute by minute. My charge to you today is
Now, good things hap-
and it changes at to do just thatget it right. Do
pen minute by minute as well. that same pace. not bring shame upon yourself
Maybe you just bought a new or your chosen profession.
”
car or a new house. Falling in We all have heard and read
love, getting married, having the stories of peace officers in
babiesthese can be minute- Iowa and elsewhere who have
by-minute changes in our lives. gotten it all wrong. Some let
So, we take the good with the bad, and life goes their authority or influence go to their head, others
on with nothing new under the sun. Of course, one forgot everything they learned at the academy, and
new thing will happen to you today. In just a few a few forgot what they already knew about what is
minutes, a friend, family member, or loved one will right and wrong. Do not let yourself fall into their
affix a badge to your chest, a badge of public trust. category of disgrace. Do not shame the academy,
And, it will represent an awesome responsibility fellow officers in this hall today, family members,
that today and in this minute, you willingly accept. and friends. Do not shame the people who hired
It will be bright, shiny, and new, and all of us here you, and do not shame me. You have been called
will be so proud of you for carrying its weight. It to a high duty. You will, without question, be held
actually will seem pretty impressive at first. Then, accountable for your every action as a peace offi-
you will get used to it and hardly notice it at all. I cer. But, you also will win the respect and admira-
assure you that there will be days when that badge tion of good people everywhere when you are true
weighs 100 pounds, and it will feel like it is pinned to your calling.
to your heart, rather than on your chest.
Citizens’ Impressions
Trust and Accountability A few years ago, my officers and detectives
U.S. Supreme Court Justice Warren Burger served a search warrant on a house in Altoona
stated, “It is often overlooked that no public where an illegal tattoo parlor operated. The house
March 2010 / 21
was located near an elementary school, and young you are doing as a peace officer or why you make
people well-known in the community lived there. certain decisions. Realize that there will be times
School was out for the summer, and, on the morn- when your actions will be the biggest and most im-
ing the warrant was served, many people quickly portant thing that ever has happened in someone’s
became aware of all the squad cars and unmarked life. There will be times when you have to be the
vehicles surrounding the home. Obviously, from sledgehammer or the battering ram to protect your-
the number of officers going in and out, something self and others or to accomplish your task. But,
major was happening. Officers carried furniture there will be many more times when, instead of be-
and equipment from the porch of the home into the ing the sledgehammer, you can be a feathertimes
yard. They searched the entire when you can make your
house, and the police activity point, accomplish your goals,
“
soon became the main topic of get the job done, and still be
discussion in town. a feather. Temper the strength
My city administrator …not everyone of your badge with humility
called me at home the night of will automatically and patience, and be willing to
the search warrant and asked understand what help the public recognize why
if he could know what was you are doing as a you take certain actions.
going on. His little girls were peace officer or why
so excited and upset that they you make certain Credibility and Honor
could not relax, eat, or even decisions. My final charge to you
”
talk about anything else. They is to conduct yourself with
had been riding their bikes and honor, and remember that
witnessed much of the activity your personal credibility con-
at the house. Now, I admit that stitutes the most important
I did not understand at first. I asked the administra- asset you possess. If you lose your credibility, if
tor why his daughters felt such distress. He said, people cannot trust or believe you, if you ever give
“Don’t you understand? For my daughters, at the them reason to think that you are deceitful or will
ages of 8 and 10, this is the biggest thing that has engage in illegal activity if you believe you can get
ever happened in their lives!” Well, of course, he away with it, then you will have lost everything.
was right. These little kids never had seen the po- Remember that you create your own reputation
lice in action, serving a warrant. They never had each day with every action and word. Protect your
seen a house surrounded by more police cars than credibility and maintain your honor. It really is
they even knew existed nor seen someone’s pos- all you have.
sessions pulled out into the yard by the police and
eventually taken away from the house. They did Conclusion
not understand, and they were afraid. In closing, I welcome you to this profession
So, there really is nothing new under the sun and urge you to wholeheartedly join those who
unless you never have seen or experienced it have served before you. Your entire law enforce-
yourself. Then, it is new, and you might feel just a ment family wishes you only the best, and we are
little confused or upset. I learned a lesson that day, glad to have you with us. We have been taking care
one that you already may know: never take your of you and your family and friends for a very long
power and authority for granted. Remember that time. Now, it is your turn to join us in this work.
not everyone will automatically understand what Congratulations.
world. We listen to how they say things, we we read and recognize the nonverbal body
watch their body language, and we observe language of those with whom we interact. Our
how they communicate in writing. In every ability to lead is ultimately only as effective as
instance, we subconsciously record the nor- our ability to recognize the effect our words
mal pattern for communication from these and actions have on others.
individuals and any deviation from this gives
us pause. We then ask, “What’s wrong?” Special Agent Robin K. Dreeke, an instructor at the
Studies have shown that approximately 60 to Counterintelligence Training Center and an adjunct
faculty member of the Leadership Development
85 percent of all communication is nonverbal. Institute, prepared this Leadership Spotlight.
The baseline of nonverbal behavior can easily
March 2010 / 23
ViCAP Alert
Unidentified Victim
Race: White
Race:
Sex: Female Sex:
Hair: Brown Hair:
Height: 5’5” Height:
Weight: 115 Weight:
Clothing: Wrangler blue Clothing:
jeans, blue quilted peasant blue jeans
jacket, purple halter top peasant ja
blouse, and pink lace halter top
underwear pink lace p
Jewelry: Hollow gold
Jewelry:
heart pendant and horn-
heart pend
shaped pendant.
horn-shap
Other: Red toenail polish
Other: Re
Unidentified Victim
Race: White
Sex: Male
Hair: Brown
Height: 5’10” – 5’11”
O
Part of a map printed on back of T-shirt
n October 22, 1982, the remains of an un- Any relevant information can be directed to
identified male, “John Doe,” were found Detective George Barter of the Archuleta County,
on the banks of the San Juan River in Colorado. Colorado, Sheriff’s Office at 970-264-8450 or
An autopsy indicated that the individual had the FBI’s Violent Criminal Apprehension (ViCAP)
been shot with a small-caliber gun and suffered Program at 800-634-4097. All ViCAP Alerts
broken ribs before his death. At this time, the can be reviewed at http://www.fbi.gov/wanted/
victim and his killer have not been identified. vicap/vicap.htm.
March 2010 / 25
Legal Digest
D
uring the past few submersibles typically deliver along the Pacific coast each
years, the U.S. law drugs to other vessels at sea week.1 The existing Maritime
enforcement and intel- and then are scuttled after off- Drug Law Enforcement Act
ligence communities have seen loading. Ultimately, the cargo is (MDLEA)2 had not adequately
the genesis and maturation shipped via land routes into the addressed this new method of
of a relatively new technique United States. Indeed, in other transporting narcotics. There-
for smuggling drugs into the applications, this method can fore, new tools were needed to
country. Smugglers from South potentially facilitate the covert counter this emerging threat.
America have launched self- delivery of weapons of mass de- On October 13, 2008,
propelled semisubmersible struction (WMD), terrorists, il- the president signed into law
(SPSS) vessels (alternatively legal aliens, and any other item the Drug Trafficking Ves-
referred to as a “low profile or criminal small enough to fit sel Interdiction Act of 2008
signature evading threat”) oper- in the vessel. One U.S. Coast (DTVIA).3 This law was en-
ated by a small crew carrying Guard official has estimated that acted in direct response to the
vast quantities of cocaine. These up to three SPSSs carry drugs use of SPSS vessels to transport
March 2010 / 27
a 10-ton vessel can carry $20 interior, and, thus, sending all the fact that a successful scuttle
million worth of product.11 of the drugs or other contraband by an SPSS crew would pro-
A typical SPSS crew is paid to the bottom of the ocean. vide law enforcement with no
a minimum of $10,000, with With the drugs disposed of, law legal course of action, led to the
some being paid up to $100,000 enforcement personnel lacked introduction and passage of the
for a single delivery. evidence of criminal wrongdo- DTVIA.
Prior to the enactment of the ing under the MDLEA and were
DTVIA, the Coast Guard and forced to treat the situation as a The Statute
other law enforcement person- mere castaway rescue mission, The new DTVIA provides in
nel captured multiple SPSS picking up the occupants from pertinent part:
vessels carrying vast amounts the ocean and returning them to Whoever knowingly oper-
of illegal drugs. In one seizure their home country. ates, or attempts or con-
conducted on September 19, spires to operate by any
“
2008, the Coast Guard inter- means, or embarks in any
cepted a 60-foot SPSS traveling submersible vessel or semi-
approximately 350 miles off submersible vessel that is
the coast of Guatemala carrying without nationality and that
295 bales of cocaine, weigh-
One U.S. Coast Guard is navigating or has navi-
ing 6.6 tons, with an estimated official has estimated gated into, through, or from
value of $196 million.12 One that up to three SPSSs waters beyond the outer
military commentator estimated carry drugs along limit of the territorial sea of
that although drug traffickers the Pacific coast a single country or a lateral
each week.
”
launched 23 SPSSs between limit of that country’s ter-
2000 and 2007, in the first 6 ritorial sea with an adjacent
months of fiscal year 2008, country, with the intent to
more than 45 SPSSs were evade detection, shall be
launched from Colombia.13 fined under this title, im-
Today, it is estimated that prisoned not more than 15
The Need for DTVIA more than one-third of all years, or both.16
Though the seizure of il- maritime cocaine flow via the To obtain conviction under
legal drugs in the September 19, Eastern Pacific area of South § 2285(a), the government must
2008, example and other similar America entering the United prove all elements of the crime,
interceptions allowed the opera- States is shipped via SPSSs.14 which consist of 1) a knowing
tors of the SPSS to be charged According to at least one U.S. mens rea (guilty knowledge and
under existing drug laws, prior military official, there is an criminal intent) with regard to
to the enactment of the DTVIA, expectation that up to 90 SPSSs the operation, attempted opera-
persons transporting drugs in an will be launched this year from tion, or conspiracy to operate
SPSS who successfully scuttled South America with the capac- 2) a submersible or semisub-
their vessel escaped criminal ity to haul hundreds of tons of mersible vessel, 3) the vessel
charges. Scuttling refers to the cocaine with a street value of is without nationality, 4) the
purposeful sinking of the vessel untold billions.15 These fright- vessel is or has navigated into,
by opening valves, flooding the ening scenarios, coupled with through, or from international
March 2010 / 29
2) the vessel was classed ratified the treaty. The 1958 encountered six SPSS vessels
and designed in accordance Convention was effectively that were scuttled and sunk
with the rules of a classifica- replaced, along with three other by its occupants in an attempt
tion society; treaties, by the U.N. Conven- to avoid detection. Two cases
3) the vessel was lawfully tion of the Law of the Sea that brought under § 2285 resulted
operating in a government became effective in 1994.24 in conditional guilty pleas, with
regulated or licensed activ- A criminal conviction under defense counsel filing motions
ity; or the DTVIA is punishable by alleging 1) the extraterritorial
up to 15 years imprisonment in application of the DTVIA is un-
4) the vessel was equipped addition to a fine.25 Addition- constitutional and 2) the statuto-
with and using an auto- ally, civil liability may result in ry element requiring a showing
matic identification, vessel a penalty of up to $1,000,000.26 that defendant “attempt[ed] to
monitoring or long range evade detection” is unconsti-
identification and tracking © Lieutenant Daren Babula
tutionally vague. In one of the
system.21 two cases, the trial court denied
Further, the statute pro- both motions, but the issues are
vides that a defendant satisfies expected to be brought up on
his burden to demonstrate an appeal to the U.S. Court of Ap-
affirmative defense where he peals for the Eleventh Circuit.
produces specifically identi- In a third case, four de-
fied documents evidencing the fendants were found guilty of
existence of one of the factors violating § 2285 in a bench trial
listed above.22 In addition, sub- and were scheduled to be sen-
section d further clarifies that tenced in 2009. The defendants
where a claim of nationality or were apprehended after exiting
registry of the vessel is made their SPSS, donning life jack-
so as to negate the presence of ets, and deploying a life raft in
that element of the crime, that Under the proposed sentencing response to being spotted by a
claim is recognized only where guidelines, tiered enhancements law enforcement helicopter.
it is shown 1) the vessel pos- can be applied for failure to The remaining cases of
sesses and produces documen- heave, an attempt to sink the scuttled SPSS vessels are cur-
tary evidence of its nationality vessel, and the sinking of the rently pending and are likely
as provided in article 5 of the vessel.27 The potential DTVIA to be charged under Title 46,
1958 Convention on the High sentences are marginally less the MDLEA, rather than the
Seas, 2) the vessel is flying its than under the MDLEA. The DTVIA. In one of those cases,
nation’s ensign or flag, or 3) the hope is that the DTVIA will en- a defendant confessed that
individual in charge of the courage smugglers to abandon drugs were aboard the ves-
vessel makes a verbal claim of their voyages before they even sel, thus providing evidence to
nationality or registry.23 Ironi- get under way. support a Title 46 charge. The
cally, though the statute relies other two cases of SPSS ves-
on the provisos of the 1958 Application of the DTVIA sels scuttled in May 2009 likely
Convention on the High Seas, Since December 2008, law will be charged under Title 46
the United States never has enforcement agencies have with incriminating statements or
“
afps01.htm, (accessed on October 15,
submersible vessels, includ- 2008).
ing those operated by remote 2
46 U.S.C. 70501 et. seq.
control with GPS guidance, are 3
Pub. L. 110-407, § 101 (2008).
underway. Without a crew to ar-
4
Id. at Title I, Section 101.
rest and prosecute, law enforce-
A typical SPSS crew 5
The Self-Propelled Semisubmersibles
”
of cocaine. See Capt. Wade F. Wilkenson,
scenarios include the delivery A New Underwater Threat, Proceedings,
and detonation of a WMD off U.S. Naval Institute, October 2008, 34.
the U.S. coast, resulting in the 6
Commander, U.S. Naval Forces
loss of countless persons. It Southern Command/U.S. Fourth Fleet,
Semisubmersible Drug Vessel Inter-
is, therefore, incumbent upon The enactment of the cepted by U.S. Navy, Coast Guard Team,
governments to arm the law en- DTVIA is a potentially strong http://www. Southcom.mil/appssc/news.
forcement and intelligence com- tool to deter the use of SPSS php?storyID=1387 (accessed on
munities with all legal means, vessels to transport large November 16, 2009).
including legislation, to defend amounts of drugs into the Unit-
7
http://www.southcom.mil/Appsc/
factfilesphp?id=83
their citizens. The drugs brought ed States. Evidence of grow- 8
William Booth and Juan Ferero,
in by smugglers find their way ing international cooperation “Plying the Pacific, Subs Surface as Key
to every large city and small occurred during the summer Tool of Drug Cartels,” The Washington
village in the United States, thus of 2009, when the Colombian Post, June 6, 2009, A1, A7.
the need for federal legislation. Congress passed legislation
9
Nick Pisa, Drug Cops Foil Mafia Plot
to Smuggle $870m of Cocaine by Sub-
New-age radar technology, making it a crime to construct marine, March 30, 2006, http://www.cdnn.
unmanned aerial vehicles and SPSSs (12 years in prison) and info/news/industry/i060330.html (accessed
naval surface vessels, remote for utilizing such vessels (14 on August 10, 2009).
March 2010 / 31
10
Id. 20
46 U.S.C. § 70507(b) (2009). Subs,’” June 20, 2009, http://www.the
11
Wade F. Wilkenson, 34. 21
18 U.S.C. § 2285(e) (2009). scotsman.scotsman.com/world/Colombia-
12
Second cocaine sub fished out 22
Id. out-to-sink-cocaine.5385360.jp (accessed
by U.S., http://www.msnbc.msn.com/ 23
18 U.S.C. § 2285(d)(2009). on September 9, 2009).
id/26795833/print/1/displaymode/1098/ 24
http://www.un.org/Depts/los/conven-
(accessed on August 6, 2009). tion_agreements/texts/unclos/preamble. The authors thank Special Agent Bill
13
Captain Wade F. Wilkerson, A New htm (accessed on August 19, 2009). Hanlon, DEA Headquarters, and
Underwater Threat, October 14, 2008, 25
18 U.S.C. § 2285(a) (2009). Lieutenant Daren Babula, Naval
http://www.military.com/forums/ 26
46 U.S.C § 70508(d) (2009). Intelligence Officer, Joint Interagency
0,15240,177265,00.html (accessed on 27
Amendments to the Sentenc- Task Force South, for their critical
November 16, 2009). ing Guidelines May 1, 2009 (Effective assistance in the development of this
14
Id. See also Cocaine Smuggling in November 1, 2009), http://www.ussc.gov/ article.
2008, Office of National Drug Control guideline.htm (accessed on August 25, Law enforcement officers of other than
Policy, ONDCP-01-09, August 2009. 2009). federal jurisdiction who are interested
15
Id. 28
There is no available information to in this article should consult their legal
16
18 U.S.C. § 2285(a)(West 2009). indicate that SPSSs have been used for any advisors. Some police procedures ruled
17
See 18 U.S.C. § 2285(b), (h) (West, purpose other than shipping drugs. permissible under federal constitutional
2009). 29
Wade F. Wilkerson, 36. law are of questionable legality under
18
46 U.S.C. § 70502(f)(1) (West 2009). 30
Jeremy McDermott, “Colombia Out state law or are not permitted at all.
19
Id. at (f)(2). to Sink Cocaine Barons by Nabbing ‘Drug
The Bulletin’s
E-mail Address
© Digital Vision
Law enforcement officers are challenged daily in the performance of their duties; they face each
challenge freely and unselfishly while answering the call to duty. In certain instances, their actions
warrant special attention from their respective departments. The Bulletin also wants to recognize
those situations that transcend the normal rigors of the law enforcement profession.
Official Business
Penalty for Private Use $300
Patch Call
The Louisiana Office of Alcohol and Tobacco The patch of the Wayland, Massachusetts,
Control patch is in the state’s distinct boot-like Police Department depicts a historic scene.
shape. At the center, the Louisiana seal shows a Pilgrims are waving a symbolic white cloth as
pelican, the state bird, with its head turned to the the East Sudbury Plantation, which later became
left in a nest while feeding its three young. Wayland, was created.