In 1999, the Attorney General authorized municipal police departments to use conducted energy weapons, after a six-month field study by the Victoria Police Department. Approval was based on assurances that the weapon was absolutely safe to use, the weapon had been thoroughly researched and would be used sparingly—where the subject was assaultive or combative, a threat to themselves, the police, or some other person.
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Municipal police departments deployed the weapon at least 1,397 times, although the actual number of deployments may be much higher (up to twice as many). The number of deployments has increased at a rate faster than the increase in the number of weapons. There were surprising variations in the frequency of deployments by individual police departments, ranging from a low of 5.2 deployments per 100,000 population, to a high of 130.7.
The weapon was most frequently used when police responded to calls concerning suicide attempt/self-injurious behaviour (19.8 percent); violence/threat of violence (17); disturbance (15.3); drug/alcohol intoxication (12.4); and emotionally disturbed persons (10.7). Subject behaviours frequently included active resistance, alcohol/drug intoxication, assaultive behaviour, and to a lesser degree, yelling and verbal aggression/threats. When the type of weapon deployment (including use in display mode only) was matched against the highest level of resistance by a subject, it was revealed that officers deployed the weapon more than 160 times when the subject was being cooperative or displaying passive resistance (neither of which justifies deployment), 485 times for active resistance, 669 times for assaultive behaviour, and 19 times when there was a risk of grievous bodily harm or death to the police officer (when lethal force is authorized).
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Based on the presentations of psychiatrists, other mental health professionals, and emergency medicine physicians, I concluded that:
• Police officers are called upon, with increasing regularity, to deal with emotionally disturbed people who display extreme behaviours, including violence, imperviousness to pain, superhuman strength and endurance, hyperthermia, sweating, and perceptual disturbances.
• Such emotionally disturbed people are often at an impaired level of consciousness; may not know who they are or where they are; may be delusional, anxious, or frightened; and may be unable to process or comply with an officer’s commands.
• This cluster of behaviours is not a medical condition or a diagnosis. They are symptoms of underlying medical conditions that, in extreme cases, may constitute a medical emergency.
• The officer’s challenge is not to make a medical diagnosis, but to decide how to deal with the observable behaviours, whatever the underlying cause.
• It is not helpful to blame resulting deaths on “excited delirium,” since this conveniently avoids having to examine the underlying medical condition or conditions that actually caused death, let alone examining whether use of the conducted energy weapon and/or subsequent measures to physically restrain the subject contributed to those causes of death.
• The unanimous view of mental health presenters was that the best practice is to de-escalate the agitation, which can best be achieved through the application of recognized crisis intervention techniques. Conversely, the worst possible response is to aggravate or escalate the crisis, such as by deploying a conducted energy weapon and/or using force to physically restrain the subject. It is accepted that there may be some extreme circumstances, however rare, when crisis intervention techniques will not be effective in de-escalating the crisis. But even then, there are steps that officers can take to mitigate the risk of deployment.