Words Matter: A Look at New Jersey’s ‘New’ Law Enforcement Use of Force Police
An Op-Ed by Martin J. Schwartz, Law Enforcement Professional (Ret.) Published in The Sentinel of Gloucester County Weekly Newspaper Print Edition the week of 2/11/2021
New Jersey’s updated “Use of Force Policy” was issued by Attorney
General Gurbir S. Grewal in December 2020. It is the first Use of Force
Policy rewrite in over twenty years and applies to all New Jersey law
enforcement officers. The State of New Jersey, Department of Law and
Public Safety website describes the policy as, “a new statewide framework
for police interactions with civilians—the first of its kind in the United States and one which calls upon law enforcement to protect the life, liberty and dignity of residents in every interaction.”
Having been in law enforcement for 43 years, when I heard about the policy, I questioned whether it should rightfully be described as “new.”
I generally disagree with verbose use of force policies that go on for pages,
because the United States Constitution addresses use of force in the 54
words that comprise the Fourth Amendment. The words were affirmed, and
later reaffirmed, by the U.S. Supreme Court (the Court) in Tennessee v. Garner (1984) and Graham v. Connor (1989). Generally, the new policy is
aligned with these legal standards. Yet, because of the public’s recent demand for better policing, new language was added that provides detailed
guidance. So, while it appears to be new much of it refers to essential
police engagement that is not new at all. For example, officers have been
applying de-escalation, force as a last resort, and tactical decision
strategies for years. These actions continue to reduce the frequency of,
and the necessity for, uses of force and thus result in fewer injuries and
deaths for the public and police.
Still, there is value in the executive branch outlining the particulars. A
clearly defined executive branch policy offers the police and the public
deeper insight and a better understanding and awareness of police uses of
force. The new policy consists of seven core principles.
Core Principle One: The Sanctity of Human Life and Serving the
Community. This has always been a tenant of New Jersey policing.
Core Principle Two: Force as a Last Resort and Duty to De-Escalate.
Officers have always known it is easier to talk than to fight.
Core Principle Three: Duty to Use Objectively Reasonable, Necessary, and
Proportional Force.
This principal is consistent with the Court’s decisions referred to above, but the new policy makes clear that force must be necessary and proportional. Applying this principle to a set of circumstances is challenging because of the subjective meaning of “reasonable belief.” Many police responses are similar, but none can be exactly alike. Police experiences, like all experiences, are different because we all perceive and react to situations differently.
Core Principle Four: Duty to Use Deadly Force Only as an Absolute Resort
and Duty to Avoid Actions Which Create a Substantial Risk of Death or
Serious Bodily Injury.
Again, this policy is more clearly defined but includes the same prohibitions set forth in Tennessee v. Garner.
Core Principle Five: Duty to Intervene and Report.Essentially, if an officer
assaults someone or otherwise acts improperly, other officers must act and
report the incident.
Core Principle Six: Duty to Render Medical Assistance.Police have
always been taught that no matter the force used, they assume the
responsibility for the care, protection, and safety of those injured.
Core Principle Seven: Duty to Report and Review Uses of Force.
Although not completely new, this policy further defines supervisor actions and responsibilities. It is consistent with policy changes occurring nationwide, intended to reduce avoidable police uses of force.
I spent a good part of my law enforcement career writing policy and
teaching use of force, and I believe these principles, while not necessarily
new, will contribute to better policing. The goal is less police uses of force
without jeopardizing police officer safety. Time and the courts will
determine how effective this policy is at accomplishing it. I urge all citizens,
not just the police, to read it at njoag.gov/force.