Policing Project Comment in Response to the LAPD’s Revised Use of Force Policy

Overview

The Policing Project submitted comment on the Los Angeles Police Department’s revised use of force policy following the passage of AB-392, which amended California Penal Code § 835a and effectively redefined the circumstances under which police officers are authorized to use deadly force under California law. The Policing Project noted several strengths in the revised policy that draw upon best practices within policing, but also highlighted two key differences between the LAPD’s policy and the statewide policy on which it is based.

Key TakeAways

1). California Penal Code § 835a, as amended by AB-392, creates a standard that gives guidance to officers ex ante (before the fact) to determine whether deadly force is “necessary” in certain circumstances, whereas the revised LAPD policy, in its current form, explains how incidents involving the use of deadly force will be evaluated ex post (after the fact) by the LAPD. The Policing Project recommends a revision to include language that will help officers better understand how to determine whether deadly force is in fact necessary.

2). The revised LAPD policy uses the “objective reasonableness” standard as articulated by AB-392, but replaces the standard’s “a reasonable officer” with “Los Angeles Police Officer with similar training and experience” thereby adding a layer of subjectivity to an objective standard.

3). The Policing Project offered several additional provisions the department might consider to further strengthen its use of force policy and make it consistent with national best practices. These recommendations are informed by thorough research and previous experience, in particular, our recent work with the Camden County Police Department to revise their use of force policy.