Executive Summary
David Nisleit, the Police Chief San Diego Police Department, recently announced the ban on the carotid restraint that has been used for years to restrain arrested persons in the country. Before the ban, the use of carotid restraint has been surrounded by controversies in the U.S. At its core, the carotid restraint refers to holding the neck down in an incident of arrest. The decision to ban the use of carotid restraint was arrived at following the protests that erupted across the nation due to the death of George Floyd. Floyd died on the 25th of May 2020 while in police custody. After his arrest and being subdued, Floyd was handcuffed and pinned to the ground by the officer’s knee. Floyd died from strangulation, also known as asphyxiation, after being held down through the carotid restraint method (Sandiego.gov, 2020). The San Diego police officer responsible for Floyd’s death has since been suspended from duty, and criminal investigations have been started regarding the case. Nisleit’s decision to ban the carotid restraint is a subject that necessitates the need for reforms in the police department, particularly how they exercise their powers and handle citizens and crime suspects (City News Service, 1 June 2020). Nisleit has the professional authority to call for such a crucial change. The rationale stems from the vast experience he has had in the police force. Also, he has had mentorship from his retired father, Captain Randy Nisleit. Besides the experience and mentorship, David’s decision on the ban is also per San Diego Police Department’s vision of “striving to advance the highest levels of public safety, trust and professionalism by strengthening community partnerships through fair and impartial policing while fostering employee enrichment and growth to ensure we remain America’s Finest police department (Sandiego.gov, 2020).” Therefore, Nisleit’s declaration forced a more in-depth probe into the country’s laws on how much power police officers have when aerating and restraining citizens. It also led to examining what should be done to make the citizen-police interaction experience as humane as possible.
Based on preliminary analyses and synthesis of literature, for several years, Americans, especially people of color, have protested against the use of excessive force by police officers in incidences of arrest (Matteis, 2015). Federal courts have handled numerous such cases and have appealed to the fourth amendment, which calls for the reasonableness standard. Also, the police have been asked to consider the fourteenth amendment, which calls for a substantive due process test, or a combination of the two amendments. However, in the wake of excessive use of force and brutality by police forces, the country needs to consider making significant adjustments to the law (Bayley, 2008). Furthermore, with historical events such as the deaths of Eric Garner and George Floyd, who have lost their lives due to excessive force applied by police officers, change must be considered. Their deaths call for changes or deviation from the policing philosophies that may encourage police officers' brutal actions.
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Usually, institutionalized organizations such as the police force must work in environments that are rigid to change. Regardless, however, the federal government, state, and local governments should consider adjusting the rigidity of these institutions and enacting policing laws and policies that advocate for law and order while defending the rights of every American citizen (Crank 2003). Furthermore, several kinds of research reveal that the use of excessive force by the police force is irrelevant. In his study, Simmons (2017) reveals the harsh scrutiny police officers face due to the use of excessive force. According to the survey, carotid neck use has resulted in many deaths and should be banned, or more training offered to officers on how to use it. Another study (Isenberg, 2008) reveals that the police face various challenges as a result of excessive force. Following the death of Floyd, there have been nationwide formal bans of the carotid restraint. Therefore, the move by the SDPD shows that there is still room for police to make noticeable and effective amendments in the way they handle suspects of a crime. Police institutions still have room for change in safeguarding all Americans' security and protecting the rights of all people in the country. The police officers on patrol need guidance on doing their work without using brutality and excessive force. Regardless of the bans, however, there have not been specific propositions or indications for practices that will replace the carotid restraint.
One of the propositions is to realize these changes; orders should come from the heads of police departments. The rationale for this proposal is based on the fact that the hierarchical structure in the police departments across the U.S. is significant. Besides, police departments' leaders are the most influential people to all the other police officers (Bayley, 2008). Also, police institutions are organized such that there are groups and departments, each with their responsibilities. David Nisleit’s move to ban the carotid restriction strategy in the state proves that all police chiefs can enact changes in their states' policing structures. Notably, police organizations have not had significant input in the formulation of changes and ideas. Therefore, only the seniors are in a position to ensure the transition is enacted. The other proposition is for the implementation of reinforced acts. The rationale is based on the fact that unless a law is reinforced, police organizations may not single-handedly realize the desired changes. For example, the George Floyd Justice and Policing Act of 2020 is one of the laws that could steer America in the right direction. The Act seeks to make amendments in how police officers handle suspects. It also looks to make changes that would safeguard both the police officers and the American citizen's security. The country needs to see a deeper collaboration between the national government and the state police departments to effect changes in the system. A course of action that could be taken concerning is ensuring that police officers are accountable. For example, if a police officer is still caught using the carotid neck restraint after it has been banned, they should be reported to higher authorities, and disciplinary action is taken. It is only through the severe reinforcement of laws and orders from senior police force members that the country might be able to ban the controversial carotid neck restraint method completely.
Reference
Bayley, D. H. (2008). Police reform: Who done it? Policing and Society, 18(1), 7–17. https://doi.org/10.1080/10439460701718518
City News Service. (1 June 2020). San Diego Police Department to cease chokeholds as a method of restraint. KPBS. https://www.kpbs.org/news/2020/jun/01/san-diego-police-department-cease-chokeholds-metho/
Crank, J. P. (2003). An institutional theory of police: a review of state of the art. Policing: An International Journal of Police Strategies & Management, 26(2), 186-207. https://doi.org/10.1108/13639510310475723
Isenberg, J. B. (2008). Police leadership in a democracy…a conversation with America’s police chiefs [Ph.D., University of California, Berkeley]. In ProQuest Dissertations and Theses .
Matteis, L. R. (2015). Stay Away from the Neck: Why Police Chokeholds and Other Neck Restraints Violate International Human Rights . T. Jefferson L. Rev., 38, 101.
Sandiego.gov. (2020). https://www.sandiego.gov/sites/default/files/fy21ab_v2police.pdf
Simmons, Jr, R. H. (2017). The Bill Blackwood Law Enforcement Management Institute of Texas .
