Comentarios de la comunidad y recomendaciones finales: Prohibición de llaves al cuello y llaves estranguladoras

Ban Chokeholds and Strangleholds
Neck restraints generally fall into two categories:
Vascular neck restraints
These maneuvers affect blood flow and are often referred to as "strangleholds." 102
Respiratory neck restraints
These maneuvers affect air intake and are often referred to as "chokeholds."103 103
Campaign Zero's 8 Can't Wait initiative recommends that police departments restrict officers from
using chokeholds or strangleholds on individuals in all cases to avoid unnecessary deaths or serious
injuries. 104
In Resolution 95, the Austin City Council said it was the official policy of the City that "the use of
chokeholds and stranglehold - broadly defined to include all maneuvers that involve choking,
holding the neck, or cutting off blood flow in the neck- - is strictly prohibited as a policing tactic." 105
APD policy does not explicitly ban these techniques; rather, it limits the use of chokeholds and
strangleholds to situations in which deadly force would be authorized. 106
Click here for OPO's Phase I analysis of this policy topic.
Analysis of community feedback on banning chokeholds and stranglehold
Quantitative Data
51% of respondents said that the current policy on banning chokeholds and strangleholds does
not make them feel safe
53% of respondents agreed that chokeholds and strangleholds should be banned outright
Qualitative Data
Many responses in support of the use of chokeholds were based on the assumption that they are part
of APD training when, in fact, they are not.
Those who responded that change in this policy is needed reasoned that chokeholds and
strangleholds:
Involve too much risk for becoming unintentionally lethal
Instill fear in the community
Should not be used and officers should be given more training on alternative maneuvers
Respondents also said that the current policy is too vague, that other cities have already banned
chokeholds, and that it is often used as a disproportionate response.
Office of Police Oversight
Ban Chokeholds and Strangleholds
Those who responded that no change is needed reasoned that the procedure is safe when performed
correctly, and should be permissible when deadly force is needed. Those not in support of OPO's
proposed policy changes said that chokeholds are not a common practice, that banning them would
be detrimental to officer safety, and that they are a necessary component of officer self-defense.
Below are selected comments from community feedback:
"
"Sounds like current policy could have been used to justify either Eric
Garner or George Floyd's murder. The nuance of "to protect human life"
would have to become a huge part of APD culture for a policy based on
that to work. Because the person being strangled is a human life, too"
"These should be explicitly defined, explicitly banned. I don't think we
should be improvising techniques to kill people on the spot and people
should be trained how to adequately de-escalate and try to avoid as
much as possible killing people no matter what they've done. I'm not
living in a utopia and know that is not always possible, but we should
be able to define, ban, and be able to provide disciplinary actions for
officers that do not adhere to that."
"All APD needs is a lot more officers. Then, you would finally be able to
rotate them out for more training. Ex: choke holds are highly affective.
The problem is officers do not have enough time to train on proper
techniques. 1/3 of each officer's time should be spent on training,
under current policies, each year."
Recommendations from community feedback
Adopt OPO's preliminary recommendations.
OPO's preliminary review of APD's policy on chokeholds and strangleholds highlighted four
concerns:
Chokeholds and strangleholds are not categorically banned
Under current policy, the terms used are not defined
The policy's scope is too narrow
Directives are inconsistent
Office of Police Oversight
Ban Chokeholds and Strangleholds
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.
Table 9. Comparing OPO's Proposed Recommendations and APD's Current Policy on Banning Chokeholds and
Strangleholds
OPO's Proposed Recommendations
APD's Current Policy
Aligns with information from:
Aligns with information from:
YES Police Executive Research
NO Police Executive Research
107
111
Forum
Forum
YES International Association of Chiefs
NO International Association of Chiefs
112
108
of Police*
of Police
109
113
YES 8 Can't Wait
NO 8 Can't Wait
YES Austin City Council
NO Austin City Council
Resolution 95 110
114
Resolution 95
* In 2020, the International Association of Chiefs of Police recommended that chokeholds and vascular
neck restraints only be allowed in deadly force situations and stated that "[t]raining should also be
provided on all approved force options and techniques permitted by agency policy, along with a regular
",115
refresher training that includes a review of the policy and hands-on, practical training.
APD does not
provide training on the use of chokeholds and strangleholds. As a result, APD policies permitting the use
of techniques for which officers are not trained does not align with the recommendation from the
International Association of Chiefs of Police.
Office of Police Oversight
Ban Chokeholds and Strangleholds
Since OPO made preliminary recommendations in January 2021, there have not been any updated
best practices contradicting this information. Rather, as recently as September 2021, the U.S.
Department of Justice directed all federal law enforcement agencies to update their policies to
restrict the use of chokeholds and strangleholds, explaining that these techniques are "inherently
dangerous" and have "too often led to tragedy." 116 Indeed, across the board, experts agree that both
117
chokeholds and strangleholds are inherently dangerous. Experts that recommend allowing
chokeholds and strangleholds in deadly force situations also discuss the need for frequent training
118
on any use-of-force tactics permitted by policy.
OPO has analyzed the community's feedback. OPO has also reviewed current best practices,
including the consensus among experts that chokeholds and strangleholds are inherently
119
dangerous.
Finally, OPO has considered the fact that APD does not provide officers with training
on chokeholds and strangleholds. 120 After examining all of this information, OPO recommends that
APD adopt OPO's preliminary recommendations
OPO's recommendations incorporate community feedback and/or the City of Austin's official position
by:
Categorically banning the use of chokeholds and strangleholds as a policing tactic 121
Categorically banning the use of any action that could, or is intended to, prevent, reduce, hinder
or otherwise negatively impact an individual's blood flow to the brain or intake of air
122
Implementing additional guidelines to improve clarity and accountability
OPO's recommendations incorporate guidance from law enforcement research and policy
organizations by:
123
Defining maneuvers and terminology referenced in policy
Banning both chokeholds and strangleholds 124
Office of Police Oversight