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"The absence of accountability in any process for controlling human behavior is a systemic deficiency that clearly demonstrates to all concerned that policy, training, and supervision are really meaningless when there are no consequences for ignoring them."
Donald Van Blaricom, Ret. Police Chief
California's current vehicle code
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- Statement of the
Problem
- The first real comprehensive study of the
consequences of police vehicular pursuit was undertaken by the
California High Patrol (CHP) and published in 1983 (Department of
the CHP Operational Planning Section Staff, 1983). That
Study concluded that 29% of vehicular pursuits end in a crash; 1%
are fatal; and 28% of those fatalities are innocent third parties
who just happened to encounter the pursuit as unfortunate
bystanders. Although California was the first locale to be
methodically studied, subsequent studies have been conducted in
other venues to replicate approximately the same statistical ratio
of crashes, fatalities, and innocent third party victims.
The CHP, however, interpreted the
results of their study to make the questionable policy judgment that, "Undoubtedly,
innocent people may be injured or killed because an officer chooses to
pursue a suspect, but this risk is necessary to avoid the even
greater loss that would occur (emphasis supplied) if law
enforcement agencies were not allowed to aggressively pursue
violators." That philosophical statement best represents
the demarcation in thinking that still exists within the law
enforcement community 20 years later.
This article takes the position
that the risk is not always necessary, and there is no reason to
believe that a greater loss would occur from taking less risk.
There are essentially two prevailing myths of the pro-chase faction: (1)
if a driver runs from the police, he or she must have committed a more
serious crime that will be discovered after apprehension and (2) if we
adopt a policy of not chasing everyone who runs, everyone will run.
As with many honestly held
beliefs, there are simply no facts to support those strongly held
assumptions. To the contrary, it has been demonstrated that there
is neither an increase in criminality nor an increase in vehicular
flight from the police that can be attributed to the adoption of a more
restrictive vehicular pursuit policy (Alpert et al, 2000). As most
experienced officers know and studies have confirmed, the person most
likely to flee from the police, at a rate of 32% or nearly one-third of
the total, is someone driving a stolen car (Alpert et al., 2000). The
question then becomes not one of whether an auto thief will flee from a
random attempt to stop, which of course he or she will and likely at
all costs, but one of whether or not a pursuit will be initiated and
continued into a likely crash that may seriously injure or kill and
innocent third party (Alpert, 1996).
That is a policy decision that
needs to be made, and the prevailing standard, adopted by the
International Association of Chiefs of Police (IACP) in 1996, is
"The immediate danger to the officer and the public created by the
pursuit is less than the immediate or potential danger to the publish
should the suspect remain at large." (IACP, 1996, p.2). Does
recovering a stolen car justify putting anyone's life at risk,
especially the lives of innocent third parties who just happen to be in
the way of some kid who is running from the police in flat-out panic
with his eyes glued to the rearview mirror? In other words, is
the pursuit worth the risk? This issue needs to be contemplated
and decided in advance by experienced law enforcement administrators,
not left to the chance discretion of an officer on the street, who is
suddenly faced with someone who will not stop. Just how, after
all things considered, is the pursuing officer actually going to make
an unresponsive driver stop in the real world, and if the chase
continues, how is it likely to end? The most common terminating
event in an urban pursuit is a crash (Beckman, 1985), and that crash
will most often occur at an intersection. Controlled
intersections may be likened to the chambers in a revolver being used
to play Russian roulette -- sooner or later you are going to hit a
loaded one (Van Blaricom, 1998).
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