Community Feedback and Final Recommendations: Exhaust all alternatives before using deadly force

Exhaust All Alternatives Before
Using Deadly Force
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This policy recommendation is intended to help eliminate the unnecessary use of deadly force.
Alternatives to deadly force include tactics and tools like conflict avoidance, empty-hand
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techniques, and less-lethal force options (e.g., TASER devices). Campaign Zero's 8 Can't Wait
initiative recommends that police departments require officers to exhaust all other alternatives
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before using deadly force.
In Resolution 95, the Austin City Council said it was the official policy of the City that "[u]se of
deadly force against individuals, including persons fleeing (in vehicle or on foot), shall be limited to
situations where necessary for self-defense or defense of others against an imminent deadly threat
or threat of serious bodily injury, and either there were no other reasonable alternatives to prevent
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serious injury, or death or all reasonable alternatives have been exhausted.
APD's current deadly force policy does not require officers to exhaust all alternatives before using
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deadly force.
Click here for OPO's Phase I analysis of this policy topic.
Analysis of community feedback on exhausting all alternatives before using deadly force
Quantitative Data
48% of respondents reported that APD's current policy on exhausting all alternatives before
using deadly force does not make them feel safe
52% of respondents said police should use all available alternatives before using deadly force
Qualitative Data
Roughly half of all respondents expressed concerns about whether this policy would allow for any
exceptions in extreme circumstances. Respondents also voiced support for more clarity about which
techniques should be considered alternatives.
Those who responded that change was needed reasoned that a change would result in more
predictability and accountability, which would create a safer city more in line with community
values. Further, more predictability and accountability in the use of force would create a safer
environment for people living with a mental health condition who are especially at risk for
unnecessary deadly force. Moreover, respondents expressed support for officers having
supplemental training on alternatives to deadly force, explaining that it could save lives.
Office of Police Oversight
Exhaust All Alternatives Before
Using Deadly Force
Those who responded that no change was needed were concerned that this proposed policy would
limit officer discretion and create an unsafe environment favorable to civilians who might commit a
crime.
They also said that situations in the field happen too quickly to limit officers' use of deadly force.
Further, respondents not in support of OPO's proposed changes said that officers should be able to
wield deadly force to protect themselves.
Below are selected comments from community feedback:
"
"Police have to make split second decisions. If someone points a gun at an
officer, the officer is justified in shooting. If you don't commit crimes, you are
not going to get yourself in a bad situation. If you fight an officer while being
arrested, you are responsible for the possibility of being shot!"
"Police should have every possible tool to STOP a suspect from endangering the
public. Disarming or mandating a set of procedures will lead to injury or death
of police or innocent bystanders."
"Exhaust all alternatives' is not possible when someone puts a gun in your face.
The dynamic response model is the current standard for good reason."
Recommendations from community feedback
Adopt OPO's amended recommendations.
OPO's preliminary review of APD's deadly force policy highlighted one concern:
There is no requirement to exhaust all alternatives before using deadly force.
In its Phase I report, OPO made a series of recommendations to improve APD's policies. The table
below compares APD's current policies and OPO's proposed recommendations with Austin City
Council Resolution 95, 8 Can't Wait, and best practices from leading police organizations.
Office of Police Oversight
Exhaust All Alternatives Before
Using Deadly Force
Table 3. Comparing OPO's Proposed Recommendations and APD's Current Policy on Exhausting All Alternatives
Before Using Deadly Force
OPO's Proposed Recommendations
APD's Current Policy
Aligns with information from:
Aligns with information from:
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52
!
Police Executive Research Forum
!
Police Executive Research Forum
YES International Association of
NO International Association of Chiefs
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Chiefs of Police
of Police 53
YES 8 Can't Wait
50
54
NO 8 Can't Wait
YES Austin City Council
NO Austin City Council
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Resolution 95
Resolution 95 55
*The Police Executive Research Forum has not publicly taken a clear position on this topic, but the
concept of exhausting all alternatives appears to align with its broader de-escalation recommendations.
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Additionally, in an assessment of an Arizona police department, the Police Executive Research Forum
recommended use-of-force policy language that "prohibits the use of lethal force against individuals
who pose a danger only to themselves and not to other members of the public or to officers. Officers
should also be required to consider the use of many available less-lethal options in these situations.
Officers should be prepared to exercise considerable discretion to wait as long as necessary so that
the
situation can be resolved peacefully." " 57 This recommendation aligns with the concept
of
exhausting all alternatives before using deadly force.
Since OPO made preliminary recommendations in January 2021, there have not been any updated
best practices contradicting this information.
OPO has analyzed the community's feedback. OPO has also considered current best practices.
After
examining this information, OPO recommends that APD adopt OPO's preliminary recommendations
with the following amendment:
Oversight
Exhaust All Alternatives Before
Using Deadly Force
Table 4. OPO's Preliminary and Amended Recommendation to APD's Policy on Exhausting
All Alternatives
OPO's Preliminary Recommendation
OPO's Amended Recommendation
GO 200.1.2, 200.4, and 202.1.1
GO 200.1.2, 200.4, and 202.1.1
200.1.2 DEFINITIONS
200.1.2 DEFINITIONS
Unreasonable - Conduct which, given the
Unreasonable - Conduct which, given the
totality of the circumstances, is irrational, not
totality of the circumstances, is irrational,
warranted, or not in accordance with practical
unwarranted, or not in accordance with
realities.
practical realities. Assessments will be based
on an objective examination of real-time facts
and information, avoiding hypothetical
scenarios.
200.4 DEADLY FORCE APPLICATIONS
200.4 DEADLY FORCE APPLICATIONS
&
&
202.1.1 POLICY
202.1.1 POLICY
(b) Deadly force shall only be used as a last resort
(b) Deadly force shall only be used as a last
after all alternatives have been exhausted or when,
resort after all alternatives have been exhausted
after analyzing the situation, alternatives have
or when, after analyzing the situation,
been rendered impossible by the totality of the
alternatives are found to be unreasonable
circumstances.
based on the totality of the circumstances.
1. Officers shall utilize appropriate tactical
1. Officers shall utilize appropriate tactical
communication and decision-making as
communication and decision-making as
outlined in General Order 200.2 to ensure
outlined in General Order 200.2 to ensure
that they have the time, distance, and
that they have the time, distance, and
resources to properly respond to
resources to properly respond to
situations they encounter.
situations they encounter. Examples of
alternatives to deadly force include,
but are not limited to, the following:
a. Creating physical barriers or
utilizing existing barriers to create
separation;
b. Moving to a safer position;
C. Verbal communication, including
advisements and warnings;
d. Not engaging in physical
confrontation unless immediately
necessary (e.g., self-defense,
defense of others);
e. Requesting additional resources.
NOTE: New OPO recommendations are shown in bold, underlined text.
Click here for more information about OPO's preliminary recommendation.
Office of Police Oversight
Exhaust All Alternatives Before
Using Deadly Force
OPO's recommendations incorporate community feedback and/or the City of Austin's official
position by:
Requiring officers to exhaust all alternatives before using deadly force while providing an
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exception in cases when alternatives are unreasonable
Adding more guidelines and examples, including:
Examples of alternatives to deadly force
A thorough definition of "unreasonable" requiring that:
Officers only be permitted to determine that alternatives to deadly force were
unreasonable after assessing the totality of the circumstances and determining that
alternatives are "irrational, unwarranted, or not in accordance with practical realities"
Assessments be based on real-time facts and information and avoid hypothetical
scenarios
OPO's recommendations incorporate guidance from law enforcement research and policy
organizations by:
Requiring officers to exhaust all alternatives before using deadly force while providing an
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exception in cases when no reasonable alternatives are available
Office of Police Oversight