De-escalation and the Decision Point

This publication expands on the UOF Decision Point.

The President's Task Force on 21st Century Policing has emphasized the role of de-escalation in modern policing. De-escalation is widely viewed as a necessary function of law enforcement, paralleling that of their inherent ability to use force. It is believed that de-escalation programs may reduce UOF incidents, establish a culture of service within the department, and foster better relationships with the community. As such, it is a vital part of any officer's toolkit. De-escalation has been praised by some as the golden solution to the number of unanswered questions of modern policing - but is it?

The inclusion of specific de-escalation programs into modern policing tactics has contributed to a significant shift in the public's misconception of law enforcement's role and the inherent danger of law enforcement duties. De-escalation is critically important in preventing violence; it is not a suitable method for stopping violence where it is already occurring. Although it may assist officers in bringing a violent confrontation to its conclusion, it is a secondary concern to the safety of all involved. What began as a simple initiative for more compassionate and deliberate policing has become a source of indecision and confusion. In short, de-escalation is an integral part of police tactics but, just as with any tool or program, its improper implementation has halted progression and endanged officers across the nation. It

STUDIES ON DE-ESCALATION

The effectiveness of de-escalation techniques and programs is unknown. Research on de-escalation programs across studies is somewhat mixed, with substantial reasons both for and against the practice (White et al., 2023). Researchers agree that both training and application of de-escalation techniques are largely arbitrary and theoretical (Engel et al., 2020). As with most law enforcement training, de-escalation tactics are largely a loose collection of strategies and tactics with no established system or framework. Definitions vary and no tangible goal or benchmark exists to examine how, why, or when UOF or de-escalation should be used.

WHAT IS DE-ESCALATION?

De-escalation is the act of bringing an incident from a state of high tension to a state of low tension (Richards, 2007; Oliva et al., 2010). What is the appropriate method for successfully decreasing tension in a potentially fatal environment? It depends. However, modern research in crisis intervention techniques supports the separation of the Stable Zone* and the Enforcement Zone* as two distinct points of tension that require two different responses. Effective crisis intervention requires an officer to "dedicate the proper amount of time necessary to de-escalate the crisis and not be rushed" (Richards, 2007; Oliva et al., 2010). Once more we observe time as a subtle, but critically, variable in UOF incidents.

A SYSTEMATIC SOLUTION

Should the profession seek to accept a formal framework for UOF and de-escalation? We can look no further than the overhaul in law enforcement active shooter training in the last decade. The shift toward systematic training has greatly progressed the profession through established systems, research, and training. UOF and de-escalation methods can greatly benefit from the same treatment.

Any effective program must have defined parameters. Establishing these parameters requires an understanding of what the program intends to accomplish. The primary responsibility of a law enforcement officer is to keep the peace - first to protect life, then property, and then to maintain social order and enforce rules and regulations. Therefore, any program that interferes with that pursuit is ineffective.

Numerous case studies show that de-escalation whcombined with enforcement actions - a phenomenon we call soft enforcement - leads to volatile and highly dangerous interactions. The nature of enforcement actions directly contradicts those of de-escalation. While officers can certainly use certain tactics to encourage cooperation, de-escalation becomes an afterthought in the midst of an enforcement action. Traditional de-escalation techniques cannot work when combined with enforcement. The fatal traffic stop involving 2 officers on June 29, 2020 in Tulsa, Oklahoma is a prime example.

Our UOF and de-escalation models resulted from our review of officers who did not act on the decision point. The premature resumption of de-escalation and/or soft enforcement led to further escalation - a recurring theme in fatal encounters.

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The question we are tasked with answering is not if it works, it is rather when it works. De-escalation is an invaluable tool, but not knowing when to de-escalate can lead to a poorer performance where officers feel

THE UOF DE-ESCALATION ZONE

The UOF De-escalation Zone ©

De-escalation techniques seamlessly integrate into our latest revision of the UOF Decision Point model, providing officers with visual aids, understanding, and tangible goals.

De-escalation efforts should primarily occur within the Stable Zone* and aim to maintain low-risk levels. They are not a replacement for standard police practices that ensure officer safety. De-escalation cannot occur without prioritizing officer safety, especially given the heightened tensions and imbalances that arise when there is inadequate control over the scene. If an

Once a police encounter enters the enforcement phase, it is no longer stable and thus no longer viable for de-escalation. For officers to utilize de-escalation techniques, they must reduce navigate the situation back into the "stable" zone. The encounter is now hostile and officers should take the most efficient and effective action to move the incident back into the stable zone.

A PUBLIC PERSPECTIVE

The question following UOF is always why? Why was force used and was that force reasonable? Yet, the factor that most led to widespread support of officers had nothing to do with force at all. Even particularly nasty uses of force were mitigated by 3 factors: patience, professionalism, and competence. Officers who conducted themselves with the highest levels of professionalism received little, if any, negative feedback. One of our videos shows an officer casually speaking to an subject in one of the friendliest tones witness on BWC. In the blink of an eye, the officer drew and fired on the kid. It was nearly a textbook shooting under the Deadly Force Threshold, although the officer's commands did not indicate whatsoever that he was prepared to use force. Despite the lack of clarity and even apparent unlawfulness of the shoot, the responses were resoundingly positive due to the officer's tone and confident but remorseful tone. The other was patience. Officers who were patient where there was no initial threat factors were far more likely to be supported as well. Finally, officers who were able to explain the laws, even if they could not cite the exact code or statute, were far more supported. The enforcement of First Amendment related issues is highly dependant on an officers ability to explain the law. Overall, officers should care less about using standard officer safety tactics and worry more about their presence and demeanor.

TO BE CONTINUED

References

Engel, R. S., McManus, H. D., & Herold, T. D. (2020). Does de-escalation training work? A systematic review and call for evidence in police use-of-force reform. Criminology & Public Policy, 19(3), 721-759. https://doi.org/10.1111/1745-9133.12467

Oliva, J. R., Morgan, R., & Compton, M. T. (2010). A practical overview of de-escalation skills in law enforcement: Helping individuals in crisis while reducing police liability and injury. Journal of Police Crisis Negotiations, 10(1), 15–29. Retrieved from https://www.de-escalate.org/wp-content/uploads/2019/02/A-Practical-Overview-of-De-Escalation-Skills-in-Law-Enforcement.pdf

Richards, K. J. (2007). De-escalation techniques. In M. T. Compton and R. J. Kotwicki (Eds.), Responding to individuals with mental illnesses (pp. 160–174). Sudbury, MA: Jones and Bartlett Publishers, Inc.

White, M. D., Orosco, C., & Watts, S. (2023). Beyond force and injuries: Examining alternative (and important) outcomes for police de-escalation training. Journal of Criminal Justice, 89, Article 102129. https://doi.org/10.1016/j.jcrimjus.2023.102129

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