Posted on Feb. 28, 2023 by Niki Nelson

Courts have been hearing cases about failure to intervene for years – as far back as 1972. All courts have ruled that officers have a duty to intervene when there is a violation of a person’s constitutional rights. This includes during excessive or unnecessary application of force.

There are various reasons people may not intervene when a fellow officer is acting out of conduct. Maybe they don’t know they should, or they freeze up. Sometimes there is a negative culture in the agency that prevents them – consciously or unconsciously – from reporting an incident or stopping the offense.

The why, when, what, and how are all important to know when discussing an officer’s duty to intervene. When training, we look at past examples of what went wrong, then adjust accordingly in order to avoid making the same mistakes. Instructors must also show examples where proper intervention took place in order to see how these applications can work in the real world.

 

Why Do We Intervene?

When you fail to intervene, it does not only affect the victim, it affects both legally and morally, plus the entire agency may be subject to distrust from the community. It goes against what is  an officer’s code of conduct, as they joined the force to protect the community they serve.

As we have seen over the years with various failure to intervene cases, there is a national (and sometimes international) spotlight when things go wrong. These include notable incidents such as the Rodney King and George Floyd cases. In both, one or more officers allowed an instance of unnecessary or unreasonable amount of force to occur and continue.

The most important reasons why duty to intervene matters:

  • An officer’s moral, ethical, and legal duty
  • Officers are held to a higher standard by the public and courts
  • Community trust should be valued and kept
  • Keeping everyone safe, both citizens and officers
  • You can save someone else’s career – and your own

Why Do Intervention Policies Sometimes Fail?

Despite rules being in place, issues can still happen and it is important to understand why. Your department should place value in those who come forward when something is wrong, but occasionally, there is a “code of silence” or people become worried of repercussions for reporting someone.

Nobody should have to fear retaliation for doing the right thing. Some agency cultures can make officers feel that they cannot report someone who is higher in seniority, or that they will be treated like a “snitch.” These are things that can be discussed with officers of all ranks, ensuring everyone knows that duty to intervene applies to everyone regardless of rank or status.

Lastly, leadership influences the success of policies. If it’s all lip service and things don’t actually change, nothing is accomplished. In fact, not sticking to the policies you create and discuss can lower officers’ trust in their leadership. Supervisors should enforce the policies and create a culture of feeling empowered to step up when seeing something wrong.

How to Approach Training

Officers should detect the need to intervene early in the event before trouble starts. Signs of anger and use of profanity could indicate that the officer is starting to let their emotions get the best of them. The EPIC model (ethical policing is courageous) suggests using a 10-code that can signal to the other officer that they need to calm down. “Sgt. Smith, 10-12!” or similar can get their attention without alerting others or causing embarrassment.

VirTra has given its law enforcement clients an opportunity to practice their understanding of when to intervene. Certified in early 2023, “Duty to Intervene: No Such Thing as a Professional Bystander” gives users an interactive and engaging way to learn. It combines training videos and multiple immersive scenarios to give officers the experience in a safe learning environment.

Professional intervention is important and is used in other fields besides policing, even in medical and aviation settings. It can save your job, your partner’s job, and the wellbeing of the community you serve. If you would like to get started with VirTra and begin training Duty to Intervene and other important topics, contact a specialist.

 

References:

EPIC – Ethical Policing Is Courageous. (n.d.). Retrieved from http://epic.nola.gov

Galindez v. City of Hartford (U.S. Dist LEXIS 17592 2003).

 

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