2012/04: Should general duties police officers throughout Australia be issued with Tasers?
What they said...
'There are serious concerns that Tasers could be more dangerous to vulnerable groups, such as children, older people and those with mental health issues'
Oliver Sprague of Amnesty International
'A benefit of Taser use is increased officer and civilian safety'
Professor Anthony Paul Butski of Eastern Michigan University
The issue at a glance
On March 11, 2012, it was announced that regular duty police officers in Victoria would be issued with Tasers. This follows the completion of a twelve-month trial in Bendigo and Morwell. The deployment is unlikely to be complete before 2015 because of the costs associated with the weapons' purchase and the special police training needed.
On Sunday March 18, 2012, a 21-year-old Brazilian student died after having been tasered by New South Wales police officers. Inquiries are being conducted into the circumstances surrounding the young man's death. This is the most recent of a number of Taser-related deaths that have occurred since the weapon's introduction into the equipment schedule of Australian police and has provoked further debate as to whether the devices are suitable for general issue within the nation's police forces.
Background
(The history of Taser-related deaths and other incidents can be accessed as part of an ABC news report online at http://www.abc.net.au/news/2012-03-23/tasers-in-australia/3905914)
A Taser is an electroshock weapon that uses electrical current to disrupt voluntary control of muscles. Created and marketed by Taser International, the name "TASER" is both a brand and a registered trademark of Taser International. The device functions by effecting 'neuromuscular incapacitation' and the devices' mechanism 'Electro-Muscular Disruption (EMD) technology'.
Someone struck by a Taser experiences stimulation of his or her sensory nerves and motor nerves, resulting in strong involuntary muscle contractions. Tasers do not rely only on pain compliance, except when used in Drive Stun mode, and are thus preferred by some law enforcement over non-Taser stun guns and other electronic control weapons.
At the present time, there are two main police models, the M26 and X26. Both come with various accessories, including a laser sight and optional mounted digital video camera that can record in low-light situations. Taser International is also marketing a civilian model called the C2. On 27 July 2009, Taser introduced the X3, capable of firing three times without reload.
The Taser fires two small dart-like electrodes, which stay connected to the main unit by conductive wire as they are propelled by small compressed nitrogen charges similar to some air gun or paintball marker propellants. The air cartridge contains a pair of electrodes and propellant for a single shot and is replaced after each use. There are a number of cartridges designated by range, with the maximum at 10.6 m. The electrodes are pointed to penetrate clothing and barbed to prevent removal once in place. Earlier Taser models had difficulty in penetrating thick clothing, but newer versions (X26, C2) use 'shaped pulse' that increases effectiveness in the presence of barriers.
Taser use in law enforcement in Australia
Australian Federal Police - used only by officers attached to the Special Response and Security Team.
New South Wales - Used by general duties (patrol), supervisors/duty officers and specialist officers attached to the Tactical Operations Unit and Public Order and Riot Squad.
Northern Territory - Used by both general duties (patrol) and the Territory Response Group.
Queensland - Used by both general duties (patrol) and Special Emergency Response Team.
South Australia - Used only by the Special Tasks and Rescue Group with a general roll out to other police being trialled.
Tasmania - Used only by the Special Operations Group
Victoria - Used by the Critical Incident Response Team and Special Operations Group. A twelve-month trial at Bendigo and Morwell stations by general duties police has recently ended. On March 12, 2012, it was announced that Tasers would soon be issued to all general duties (patrol) officers.
Western Australia - Used by both general duties (patrol) and the Tactical Response Group.
Across Australia there have been five Taser-related deaths since they were first introduced.
A history of Taser-related incidents in Australia
March 18, 2012:
A Brazilian student, Roberto Laudisio Curti, dies after being Tasered by police in Sydney.
Police officers say Mr Laudisio Curti was resisting arrest, but detectives are looking into whether guidelines were breached. Police had been investigating the theft of biscuits from a convenience store shortly before the incident.
The Brazilian student had been living with his sister and her Australian husband in Sydney since last winter, while studying English and playing soccer.
June 19 and September 6, 2011:
Greens MP David Shoebridge obtains figures from the NSW Police which show Taser use is on the rise in Australia, but gun use has remained steady.
October 5, 2010:
A Sydney man died after being Tasered by police in a confrontation during which he was brandishing two knives. The man, who was trying to force his way into a home, was severely affected by alcohol at the time.
Further details of the death are yet to be released.
July 2010:
In Mount Gambier, South Australia, 30-year-old Corey Lovett was Tasered after throwing knives at police and shouting "shoot me, shoot me".
A court later heard Lovett was taking alcohol and drugs at the time to deal with the death of his twin brother. The judge arranged for Lovett to thank police for the way they handled the situation.
February 1, 2010:
A 44-year-old man suffered burns to his upper body when he locked himself inside a house in Forrestfield, Western Australia, and threatened to burn it down. He spread fuel throughout the house and told officers he was going to get some matches. They forced their way into the house and while attempting to arrest him, fired the Taser.
The electric current ignited the fuel, causing burns to 20 per cent of the man's body.
December 22, 2009:
A Sydney man was Tasered at a carols by candlelight event after fighting broke out among a group of drunken teenagers. During the scuffle an officer was punched in the face. He then tasered his alleged attacker, bringing the 18-year-old man under control.
November 2009:
Adam Salter was shot in the back in the kitchen of his father's Lakemba home, south-western Sydney, by Sergeant Sheree Bissett as he stabbed himself repeatedly in the chest.
Sergeant Bissett reportedly yelled, "Taser, Taser, Taser!" before firing the fatal gunshot. Evidence suggests that confusion may have come from carrying too many weapons, including a firearm and a similarly shaped Taser on her waist.
Mr Salter was on antidepressant medication at the time of his death, and had been diagnosed with schizophrenia. A coroner found the police intervention was an "utter failure".
July 20, 2009:
A man in Western Australia's Goldfields Aboriginal community of Warburton burst into flames after police Taser him while he was carrying a fuel container and a cigarette lighter. The man suffered third degree burns to his face, arms and chest. Police guidelines recommend against firing Tasers near flammable liquids.
June 12, 2009:
A Queensland man, Antonio Galeano, died of a heart attack at Brandon, Townsville, after being Tasered up to 28 times by police when they are called to a disturbance at his girlfriend's residence. Police also used capsicum spray in the incident.
Data retrieved from the Taser shows it was activated 28 times over five-and-a-half minutes, but a pre-inquest heard the data may have been faulty. The inquest heard 39-year-old Mr Galeano had a pre-existing heart condition and amphetamines in his body at the time of death. The findings of the inquest are still to be released.
April 16, 2009:
A Northern Territory man, known as Kwementyaye Rubuntja for cultural reasons, died in Alice Springs after police used capsicum spray and a Taser on him when they were called to a domestic dispute.
The man stopped breathing shortly after he was Tasered and died in hospital. Mr Rubuntja, 39, had heart disease and doctors suggest he may have been having a heart attack when he was acting strangely during the dispute.
The Northern Territory coroner found the Taser may have contributed to his death, but that due to other great stresses, it was impossible to isolate the Taser as the sole cause of death.
In this instance, because Mr Rubuntja was unarmed and not making threats to kill, it was found the Taser was used prematurely and inappropriately.
February 7, 2009:
Queensland teenager Andrew Bornen was run over by a car and killed in Ipswich, west of Brisbane, after police threatened him with a Taser and told him to lie on the ground. His heart, aorta and pulmonary trunk ruptured and he died before an ambulance arrived six minutes later.
Officers had forced the 16-year-old down after reports a youth was armed with a machete in the area. He was only carrying a baseball bat. An inquest found Bornen had not been acting aggressively. It also found the driver bore no responsibility for his death, and police had acted lawfully.
December 11, 2008:
Victorian teenager Tyler Cassidy was shot dead by police at Northcote skate park in Melbourne. Three out of four police officers at the scene fired at the 15-year-old as he advances towards them with knives.
An inquest into Tyler's death heard officers could have used a Taser at the first point of contact with the boy.
August 30, 2008:
A video of Aboriginal man Kevin Spratt being Tasered 13 times by police officers in a Perth watch-house was released to the public in October 2010.
The CCTV footage of Mr Spratt received international attention. It showed him lying on the ground surrounded by officers and screaming as the Tasers were discharged. The officers involved were fined following an internal investigation.
The footage was released alongside a Corruption and Crime Commission report, which found that although Taser use is increasing in the state, and the weapons are disproportionately being used on Indigenous people, they are an effective weapon which is mostly used appropriately.
August 14, 2007:
A West Australian man, Mark Conway, died in a Perth hospital shortly after being Tasered by police in Fremantle.
Mr Conway, a drug addict, was acting erratically and running in between traffic when police fired the Taser.
A coronial inquest later heard the 49-year-old had taken a large amount of drugs at the time, and a post-mortem examination concluded he died from an excessive amount of methamphetamine in his system.
Police were cleared of any wrongdoing.
May 2002:
New South Wales man, Gary Pearce, died of a heart attack 12 days after being Tasered multiple times by police.
The 56-year-old, a schizophrenic with a violent history, was threatening police with a frying pan when they used the Taser on him up to three times. Mr Pearce's death certificate noted he had long term-heart disease, a thyroid problem, hepatitis C and was a heavy smoker.
This was Australia's first Taser-related death.
Internet sources
Taser International includes on its Internet site a number of reports from branches of the scientific and medical community attesting to the safety of its devices. These can be accessed at http://www.taser.com/research-and-safety/science-and-medical
In November 2008 the New South Wales ombudsman released a report titled, 'The use of Taser weapons by New South Wales Police Force'. The report warns of some of the potential dangers associated with a general roll-out of Tasers.
The full text of the report can be found at http://www.ombo.nsw.gov.au/publication/PDF/specialreport/The%20use%20of%20Taser%20weapons%20by%20NSW%20Police%20Force.pdf
On April 28, 2011, the Queensland Crime and Misconduct Commission issued a report commending the Queensland Police Service on its effective implementation of an earlier series of recommendations re how it might use Tasers more safely.
A media release detailing the CMC's response can be found at http://www.cmc.qld.gov.au/news-and-media/media-releases/media-releases-6-july-2010-29-june-2011/cmc-releases-evaluation-of-taser-use
The full text of the Queensland Crime and Misconduct Commission's evaluation of the Queensland Police Services Taser reforms can be found at http://www.cmc.qld.gov.au/research-and-publications/publications/police/tasers/evaluating-taser-reforms-review-qps-policy-and-practice
In November 2011 Amnesty International published figures claiming 334 people had died in Taser-related incidents in the United States since 2001. That figure has now been upgraded to 500.
An article outlining the Amnesty International findings can be found at http://www.safetyissues.com/site/science_technology/tasers_are_lethal_amnesty_international.html
On March 11, 2012, The Herald Sun ran an editorial welcoming Victoria Police's decision to issue Tasers to general duties officers. The full text of this editorial can be found at http://www.heraldsun.com.au/opinion/tasers-long-overdue-and-safer-alternative/story-e6frfhqo-1226295953788
On March 12, 2012, the ABC's Radio National AM program carried a report of the decision to arm regular duty Victorian police with Tasers. The report includes comments from those who support as well as hold reservations about the decision. A full transcript can be found at http://www.abc.net.au/am/content/2012/s3450924.htm
On March 19, 2012, The Telegraph published a news report detailing Taser wholesaler George Hateley's defence of the devices. The full text of the article can be found at http://www.dailytelegraph.com.au/news/george-hateley-a-former-police-officer-and-director-of-breon-defence-systems-denies-tasers-are-deadly-weapons/story-e6freuy9-1226303309085
On March 19, 2012, The Telegraph published an analysis by Tory Shepherd titled, 'Lethal weapon: Are Tasers saving or costing lives'. The full text can be found at http://www.dailytelegraph.com.au/news/national/lethal-weapon-are-tasers-saving-or-costing-lives/story-e6freuzr-1226303928633
On March 19, 2012, The Punch published an opinion piece by Tory Shepherd titled 'When do we stop calling Tasers "non-lethal"?' The piece argues that Tasers are not the non-lethal option they are often presented as. The full text of the comment can be found at http://www.thepunch.com.au/articles/when-do-we-stop-calling-tasers-non-lethal/
On March 20, 2012, The Punch published an opinion piece by Greens MP David Shoebridge titled, 'Stop! Or I'll pump 50, 000 volts into your back'. The piece argues that Tasers are not the non-lethal alternative to firearms that their supporters often claim. The full text of this piece can be found at http://www.thepunch.com.au/articles/tasers-dont-reduce-police-firearms-use/
On March 21, 2012, the ABC Radio Australia News carried a report detailing the Brazilian government's concern that the questions surrounding the Taser-related death of Roberto Laudisio Curti be answered. The full text of this report can be found at http://www.radioaustralianews.net.au/stories/201203/3460035.htm?desktop
On March 22, 2012, The Conversation published an opinion piece by Professor Jude McCulloch which considers some of the complications of Taser-related issues, including Taser International's reluctance to accept that their product can have lethal effects. The full text of this piece can be found at http://theconversation.edu.au/why-the-taser-related-death-toll-is-rising-5965
On March 24, 2012, The Sydney Morning Herald published an article on the extent of Taser use among the New South Wales Police force. The report includes comments from a range of sources, including the state ombudsman who has conducted an investigation into Taser use by New South Wales Police.
The full text of the news report can be found at http://www.smh.com.au/national/the-forces-new-weapon-of-choice-20120323-1vp3f.html
On March 29, 2012, the ABC News published a background report on the history of Tasers in Australia. The full text can be found at http://www.abc.net.au/news/2012-03-23/tasers-in-australia/3905914
Arguments against issuing Tasers to general duties Australian police
1. Tasers can kill and injure
In February 2011, Amnesty International released a report on the number of deaths it claimed Tasers had caused in the United States. The report found that since June 2001, about 500 people have died after being shocked by police Tasers. In at least 60 cases, medical examiners and coroners concluded that the deaths were directly caused or significantly contributed to by the Taser shocks.
Among the cases reviewed, 90 per cent of those who died were unarmed. Many of the victims were subjected to multiple shocks. There are continuing reports of United States police officers using multiple or prolonged shocks, despite warnings that such usage may increase the risk of adverse effects on the heart or respiratory system.
On 13 February, 2012, Johnnie Kamahi Warren was the latest United States' citizen to die after a police officer in Dothan, Alabama used a Taser on him at least twice. The 43-year-old, who was unarmed and allegedly intoxicated, reportedly stopped breathing shortly after being shocked and was pronounced dead in hospital less than two hours later.
Critics of Tasers claim that the weapon's capacity to kill would not be a concern if the devices were used as an alternative to firearms given that Tasers are less lethal than guns. However, the evidence suggests that these supposedly less-than-lethal weapons are being used instead of guns in situations in which firearms would not be justified.
It is claimed that while Tasers are used in addition to firearms, their lethal capacity means that the number of deaths at the hands of police are likely to increase.
It has further been noted that Tasers have the capacity to cause serious harm to those who are stunned.
In a two-week period in 2005, police officers in five United States jurisdictions filed lawsuits against Taser International claiming they suffered serious injuries after being shocked with the device during training classes. The claims of injury included heart damage, strokes, multiple spinal fractures, hearing and vision loss and neurological damage.
That year, a memorandum from the United States Army discouraged shocking soldiers with Tasers in training, despite Taser International's recommendations. The US army warned that 'seizures can be induced by the electric current' and said not to use the weapons 'given the potential risks'. In 2009, Taser International issued a warning that Tasers should be used 'avoiding chest shots' to 'avoid controversy' about effects on the human heart.
2. Police are using Tasers rather than other, less lethal alternatives
It has been claimed that the increased reliance on Tasers means police are ignoring non-weapon-based strategies for diffusing conflict. Jude McCulloch, Professor of Criminal Justice and Criminology at Monash University, has stated, 'One danger with the promise of technological quick fixes such as less-than-lethal weapons is that police stop relying on non-weapon-based strategies for diffusing conflict and dealing with challenging situations.'
Critics of Tasers argue police are becoming increasingly militarised, with an array of weapons such as pistols, batons, capsicum spray and Tasers.
Specifically, critics have noted that police are relying less on developing negotiating skills and are less likely to attempt to persuade a distressed citizen to comply with a police direction.
It has been suggested that the use of more violent means of seeking compliance is particularly dangerous when police are dealing with mentally disturbed people or those who are drug-affected. It is claimed that such people are likely to react with increasing and exaggerated distress to Tasers or capsicum spray.
3. Police misuse Tasers
It has been claimed that police misuse Tasers in a variety of ways.
The rules in most Australian states indicate that Tasers should be used only as a less lethal alternative to a firearm where loss of life or violence is threatened. They should not be used to force compliance on someone who is running or passive. It has also been suggested that some police have used Tasers to punish or intimidate difficult prisoners. Additionally, it has been claimed that an unusually large number of Aboriginal people have been Tasered. In 2010 the Queensland Crime and Misconduct Commission released a report which found Tasers were being used disproportionately against Aboriginal people and further that police use of them on Aboriginal people had doubled over the two preceding years. The Queensland Crime and Misconduct Commission noted that Indigenous people are the subjects of one in five Taser deployments.
A number of other studies have indicated that police have used these devices in circumstances that did not warrant them. A recent audit conducted by the New South Wales Ombudsman, Bruce Barbour, identified the inappropriate use of Tasers in a minority of cases, including some which police had deemed appropriate.
Mr Barbour has warned of a trend known as 'mission creep', where police use Tasers in low-risk situations to gain compliance. He has given an example of one woman in the United States who was shocked by a Taser after refusing to follow a police order to get out of bed.
A 2011 Amnesty International report cited the case of a doctor who suffered an epileptic seizure and crashed his car. When he could not comply with a police officer's commands, he was jolted with Tasers, leading to his death. The same report further cited United States police officers employing Tasers on pregnant women, schoolchildren, and an elderly person with dementia.
Opponents of Tasers have noted a world-wide tendency for the weapons to be used with increasing frequency. They claim this increased use is likely to indicate misuse as the weapon is being normalised and used in non-life-threatening situations for which it is not intended. In 2008 video footage from the East Perth Watch House showed Tasers were used 13 times against an unarmed, non-threatening man surrounded by nine police officers. The man claims to have sustained long-term ill effects from the Taser shocks.
The 2011 Amnesty International report claimed the fundamental problem with Tasers is their inherent susceptibility to abuse since they are so easy to use and the consequences of their use tend to be minimised.
New South Wales Police figures show Tasers were used 125 times after their introduction in 2008, 404 times in 2009 before rising dramatically to 1151 times in 2010. (Last year the number fell to 881.)
4. Tasers' can be particularly harmful when used on vulnerable people
Taser International warns against the use of Tasers on individuals weighing less than 60 kilograms. This implies the potential danger of the device when used on children. It has also been suggested that Tasers are problematic when used on those with a pre-existent medical condition such as a cardiac condition or a nervous system dysfunction. It has been noted that being jolted by a Taser shock may trigger either a heart attack or a seizure in vulnerable individuals.
Despite this, recent research has indicated that Tasers have been used in the United Kingdom on both children and the elderly. Figures released under the Freedom of Information Act showed that 59 under-18s were shot at over a 30-month period. More than 120 others, including a boy of 12, had the weapon aimed at them by police.
The statistics for older people are similar. A total of 18 over-60s were hit by Tasers and a further 24 were targeted or had a gun drawn on them between July 2007 and December 2011. The oldest was an 89-year-old war veteran who was threatening to cut his throat with a piece of broken glass. North Wales police said he was 'Tasered' for his own safety. The retired carpenter, who was apparently suffering from the onset of Alzheimer's disease, was left traumatised
Oliver Sprague of Amnesty International called for a reversal of the policy that allowed the stun guns to be used by rank-and-file officers. He said, 'There are serious concerns that Tasers could be more dangerous to vulnerable groups, such as children, older people and those with mental health issues. That's why the split-second decision on whether to fire the Taser should be made only by an officer who has had the highest level of training and only in limited circumstances.'
Similar reservations have been expressed about Taser use in Australia, where critics have voiced concern that police show an inadequate appreciation of the potentially harmful effects of using Tasers on vulnerable individuals.
5. The safeguards around Tasers are inadequate
It has been claimed that the training offered to the general police officers using Tasers is inadequate and that the standards governing their use are neither clear nor consistent. There is no uniformly applicable set of standards governing police use of Tasers across Australia and some individual jurisdictions are internally inconsistent.
In 2008, the New South Wales Ombudsman, Bruce Barbour, noted that the risks of using Tasers are far higher when used by general duties officers compared to 'specialist units given that general duties officers receive significantly less training about managing high risk incidents, and they do not work in well-rehearsed team environments.' Mr Barbour further stated, 'In order to ensure that Taser use is safe, effective and consistent it will be imperative for these officers to receive clear, comprehensive and consistent guidance about Taser use.'
Mr Barbour went on to claim, 'There are no common standard operating procedures (SOPs) for Taser use across the NSW Police Force. Instead there are multiple SOPs used by different units and general duties officers.
Furthermore, while the current SOPs give general guidance on the types of situations in which Taser use is authorised, they do not give adequate guidance about the situations in which they should not be used.'
Mr Barbour was particularly concerned that 'The SOPs also do not give adequate guidance about the use of Tasers on potentially vulnerable individuals and in high risk environments. This poses an unacceptable risk to both officers who use the weapons and the general public.'
The inadequacy of the operating procedures followed by the New South Wales police appears to have again been made apparent in the circumstances surrounding the death of Brazilian student, Roberto Laudisio Curti. Though a coronial inquiry and a police inquiry have yet to be completed, a highly-ranked officer has noted that the fact that Mr Laudisio Curti was hit by Tasers several times did not mean he was shot by the same person.
The spokesperson stated, 'It's not uncommon for somebody to be Tasered three times, as multiple officers can make the decision [to fire] at the same time.' This observation supports the Ombudsman's judgement that the group operating procedures surrounding Tasers are not adequate.
In an opinion piece published in The Punch on March 20, 2012, David Shoebridge, highlighted what appears to be another inadequacy in the New South Wales Police operating procedures for Tasers. He noted that the guidelines advise officers to 'aim for the centre of the seen target mass of the back (where possible avoid targeting the head)'.
Mr Shoebridge has commented, 'They inexplicably fail to heed the manufacturer's additional warning, "When possible, avoid intentionally targeting the ECD on sensitive areas of the body such as the... throat, chest/breast, or known pre-existing injury areas without legal justification."'
Arguments in favour of issuing Tasers to general duties Australian police
1. Tasers are a less lethal option than guns or other forms of force
It has been claimed that Tasers are less lethal than guns and often safer than the use of physical force.
In June 2011 the United States National Institute of Justice issued a report into its study of deaths following electro-muscular disruption (Taser-jolting). The Institute concluded, 'All evidence suggests that the use of CEDs carries with it a risk as low as or lower than most alternatives.' The Institute further stated, 'CED use is associated with a significantly lower risk of injury than physical force, so it should be considered as an alternative in situations that would otherwise result in the application of physical force.'
Similarly, in June 2009, the American Medical Association stated, 'Tasers, when used appropriately, can save lives during interventions that would have otherwise involved the use of deadly force.'
The New South Wales Assistant Commissioner, Alan Clarke has also stated that Tasers had been helpful as a suicide intervention tool, in situations where a person was threatening to hurt themselves.
A similar observation has been made by Queensland Police Union president, Ian Leavers, who has stated that Tasers have prevented people being shot with guns.
Leavers stated, 'I'm aware of many circumstances involving mental health and other offenders where had police not have had the use of a Taser they would have used a fire arm and there very well may have been a death...They are a very positive thing.'
In September 2009, the United States Police Executive Research Forum (PERF) reported on its survey comparing fatality and injury rates showed by police jurisdictions using conducted energy devices and police jurisdictions where these devices are not deployed.
The study found '...the odds of a suspect being injured are reduced by more than 40 per cent in CED agencies compared to non-CED agencies...All in all, we found consistently strong effects for CEDs in increasing the safety of officers and suspects. Not only are CED sites associated with greater levels of safety compared to a matched group of non-CED sites, but also within CED agencies, in some cases the actual use of a CED by an officer is associated with a higher level of safety compared to incidents in which officers used other types of less lethal weapons, such as batons.'
Before Victoria began using Tasers among its Special Operations officers in 2003, it conducted a series of investigations, one of which was undertaken by the Alfred Hospital Biomedical Department.
The Alfred performed an electrical safety analysis of the Advanced Taser M-26 by testing a sample Taser and comparing its theoretical electrical output to two medical devices that are used in hospitals and an electrical fence. The conclusion was that 'from an electrical safety viewpoint the device presents an acceptable risk when used by trained law enforcement officers in accordance with the manufacturer's directions for use'. The report also provides a literature review which concludes that 'although several fatalities have occurred after using the Taser there is no proven connection between the use of Taser and the subsequent death'.
2. Tasers can save the lives of police, prison guards and bystanders
The New South Wales Assistant Commissioner, Alan Clarke, has claimed that Tasers have helped reduce police injuries. He stated that about 22 per cent of all police injuries had been assault-related, but since the Taser's introduction that figure had fallen to 11 per cent.
In September 2009, the United States Police Executive Research Forum (PERF) reported on its survey comparing fatality and injury rates showed by police jurisdictions using conducted energy devices (CEDs) otherwise known as Tasers and police jurisdictions where these devices are not deployed.
The PERF study concluded 'use of CEDs is associated with a 70-percent reduction in the chances of an officer being injured compared to agencies that do not use CEDs.'
It has further been suggested that prison guards be armed with Tasers to help ensure their safety. An editorial published in the Michigan Sentinel Standard on December 17, 2011, stated, '[Tasers] should be useful to prison guards, who despite dealing with murderers and others with violent pasts, are unarmed today... The Department of Corrections spent some $20 million last year on workers' compensation claims. Some of that comes from confrontations with inmates. Reducing injuries to guards, then, could offset the financial cost of buying weapons.'
It has also been claimed that Tasers are less likely to result in harm to innocent bystanders. A police officer firing a gun can result in a stray bullet injuring a member of the public. Guns are more difficult to direct accurately and there is the possibility of ricochets causing death or injury to passers-by. This point has been made by Professor Anthony Paul Butski of Eastern Michigan University who has noted, 'A benefit of Taser use is increased officer and civilian safety. In many cases, crimes are committed in the midst of the general public. This leads to an increased risk of civilian safety in the event that an officer would need to use a firearm to enforce the law.' Not only are accidental shootings less likely to occur with Tasers, it has further been argued that where they do occur, the result is much less likely to be death or serious injury. It has also been noted that pepper spray use carries the risk of the spray drifting onto non-involved civilians and police officers.
It has further been argued that Tasers would allow the police to better protect the public. The United Kingdom's Metropolitan Police Foundation has stated, 'For the ordinary citizen there can be nothing worse than seeing something threatening happening - such as a six-foot, 20 stone man running amok with a machete - which the police are apparently unable to speedily deal with.
And delay is the friend of criminals, who can use the minutes at their disposal to plan their next moves, which may include acquiring another weapon, or a better one.
Even apparently mundane incidents can, of course, suddenly escalate. In domestic arguments, for example, it is not unknown for the emotional temperature to suddenly reach a point where one partner goes for a weapon. Again, the presence of a Taser may dissuade them.'
3. Police are trained in the appropriate use of Tasers
Australian standards of Taser training for law enforcement officers have been judged as being among the most rigorous in the world.
In May 2010 the Western Australian Police conducted a post-implementation review of its Taser use. The review commented positively on the training available to West Australian officers. 'At any one time, approximately 85% of all operational officers are qualified in the carriage and use of Taser, up to and including the rank of the Commissioner.
The training delivered by WA Police is acknowledged by Taser International as being outstanding, exemplary and commendable and above the level of most other law enforcement agencies. The Gray Report also acknowledged WA Police training as exceeding the manufacturer's minimum requirements and includes examples of innovation, development of handling skills, attitude, behaviour and judgement. The Gray Report also found that Western Australia and United Kingdom Police had independently developed officer training to the same level and time frames with similar content and emphasis.'
Following a series of recommendations for improvement, the Queensland Police Service as substantially extended its training program. A subsequent review found 'The implementation of the training recommendations has led to considerable changes in the length and content of the QPS's Taser training courses. In particular, the new 16-hour initial user training course now covers possible medical effects of Taser deployments in some detail and involves a scenario-based learning and assessment session.'
New South Wales police undergo a four-hour tutorial and four hours of practical training, and must pass a written exam with a minimum score of 80 per cent.
In Victoria, the training package includes skills in communication, dealing with vulnerable persons and general operational tactics and safety training.
4. There are safeguards against the misuse of Tasers
Tasers have a variety of inbuilt safeguards which make it possible to determine how they have been used and by whom. A Briefing Note produced by Victorian Acting Police Superintendent, Craig Walsh, stressed the built-in accountability mechanisms associated with the Taser.
Acting Superintendent Walshe stated, 'The Taser has a high level of accountability with an in-built database within each unit independently recording the time, date, duration, temperature and battery status of each firing... In addition to the database each Taser cartridge contains 20 to 30 AFID (Anti-Felon Identification) tags. As the cartridge is discharged it disperses 20-30 of these tags at the scene. These tags are printed with the serial number of the cartridge and can be used to determine the number of cartridges that were fired and who fired them.'
Acting Superintendent Walshe further noted, 'A recent innovation available to Taser is the Taser-Cam. The Taser-Cam replaces the battery pack of the X26 Taser and activates when the safety switch is in the armed position. This then provides a minimum of one hour of video and audio recording showing actual footage wherever the Taser is aimed. The unit has an inbuilt infrared light source for reduced or no light capability...'
There have been a number of reviews of the safety of Tasers as deployed in different Australian jurisdictions. Where these have occurred the safety recommendations have generally been acted upon. For example, after the Taser-related death of a Queensland man in 2009, there was a joint Crime and Misconduct Commission (CMC) and Queensland Police Service (QPS) review of the operation of Tasers by law enforcement officers in that state. The review made 27 recommendations as to how the safety of Taser use could be improved.
In a follow-up report delivered to Queensland Parliament, CMC chairman, Martin Moynihan, stated that Queensland Police were to be commended for implementing 24 of the 27 recommendations, including more training for officers and changes to the guidelines. The CMC praised the Queensland Police Service for improving officer usage of Tasers since the 2009 death. The CMC report found Taser use has decreased and there is no evidence of widespread abuse or of 'mission creep', if by this was meant that Queensland Police had begun to use Tasers in less serious situations.
5. The number of deaths attributed to Tasers has been exaggerated
In those cases where someone has died after having been Tasered there is a simplistic tendency to attribute the death to the use of the Taser. Defenders of Tasers claim either that no deaths can be solely attributed to the use of a Taser or that the number of deaths said to have been caused by Tasers has been greatly exaggerated.
George Hateley, a former police officer and director of Breon Defence Systems, the company which imports stun guns into Australia and distributes them to New South Wales Police has stated, 'Historically there hasn't been one bit of evidence to certainly say that Taser was the cause of death. On each and every occasion the Taser was not the cause of death - there were other factors.'
Commenting on the recent death of Brazilian student Roberto Laudisio Curti, Mr Hateley stated, 'If I was a betting person I would say that there would be other contributing factors towards this person's tragic death.'
Amnesty International has documented over 500 deaths that occurred after the use of Tasers. Defenders of the device question whether the Taser was the actual cause of death in those cases, as many of the deaths occurred in people with serious medical conditions and/or severe drug intoxication. Taser International has claimed there is no adequately documented case in which a Taser is the cause of death. The company has warned it will take legal action against coroners who find against Taser without appropriate evidence.
Further implications
It would appear that Tasers have not had the effect that was intended when they were first deployed. The expectation then was that they would lead to a reduction in the police's use of firearms. In most Australian states where they are used by general duties officers (with the exception of Queensland) that does not seem to have been the case.
Tasers have become part of the police force's regular equipment in most Australian states as an additional item, rather than a replacement for guns. What is more concerning is that they are being used to a significant degree against indigenous Australians and against the mentally ill and drug-affected.
When they were first introduced Tasers were seen as a less lethal alternative to guns and it was suggested that their use in the management of the mentally disturbed may reduce the incidence of such people being shot. What has complicated the situation is that a number of experts have now recommended that the mentally disturbed are among a subset of vulnerable Australians against whom Tasers should be deployed either with great caution or not at all. Tasers are likely to be less effective with the mentally ill and more likely to cause them physical harm.
Additionally concerning is that a growing reliance on Tasers may see Australian police lose or fail to develop the negotiating skills that would help them achieve a peaceful resolution to conflict situations involving the mentally disturbed.
None of which is to say that Tasers do not have a place in the armour of Australia's police forces; however, it would appear that the New South Wales ombudsman may well have been correct when he suggested that Tasers were best deployed by the special forces in a state rather than regular duties officers who may well lack both the specialist training and the focus to employ them safely.
Newspaper items used in the compilation of this issue outline
The Age: September 12, 2011, page 3, news item (ref to capsicum sprays) by Farah Farouque, `Advocacy group wants stricter rules for use of pepper spray'.
http://m.smh.com.au/victoria/advocacy-group-wants-stricter-rules-for-use-of-pepper-spray-20110911-1k493.html
The Australian: November 24, 2011, page 13, analysis (photo of Tyler Cassidy) by Stuart Rintoul, `Night of pain and tragedy'.
http://www.theaustralian.com.au/news/features/night-of-pain-and-tragedy/story-e6frg6z6-1226204082350
The Australian: November 24, 2011, page 3, news item (photo) by Stuart Rintoul, `Police cleared over teen shooting'.
http://www.theaustralian.com.au/news/nation/police-cleared-over-shooting-of-melbourne-teen-tyler-cassidy/story-e6frg6nf-1226204105964
The Age: November 24, 2011, page 1, news item (photo of Tyler Cassidy) by Farah Farouque, `Police training review urged'.
http://www.theage.com.au/victoria/police-training-review-urged-20111123-1nv22.html
The Age: November 25, 2011, page 14, editorial, `How many more Tyler Cassidys have to die?'.
http://www.smh.com.au/opinion/editorial/how-many-more-tyler-cassidys-have-to-die-20111124-1nwt2.html
The Age: February 25, 2012, page 3, news item by John Silvester, `Police to revamp training for handling mentally ill'.
http://www.theage.com.au/victoria/police-to-revamp-training-for-handling-mentally-ill-20120224-1tu12.html
The Age: March 12, 2012, page 6, news item by Paul Millar, `Cameras to monitor new Taser use'.
http://www.theage.com.au/victoria/cameras-to-monitor-new-police-taser-use-20120311-1usht.html
The Australian: March 20, 2012, page 3, news item by M Nadin, `Police chased Taser victim'.
http://www.theaustralian.com.au/news/nation/cops-ran-after-man-killed-by-taser/story-e6frg6nf-1226304518635
The Age: March 20, 2012, page 11, comment by Anna Brown, `A 50,000-volt electric shock is a highly dangerous weapon'.
http://www.smh.com.au/opinion/politics/a-50000volt-electric-shock-is-a-highly-dangerous-weapon-20120319-1vfo9.html
Herald-Sun: March 19, 2012, page 26, editorial, `Reminder on using Tasers'.
http://www.heraldsun.com.au/opinion/reminder-on-using-tasers/story-e6frfhqo-1226303286432
The Age: March 19, 2012, page 3, news item by Josh Gordon, `No halt to Taser roll-out'.
http://www.theage.com.au/victoria/no-halt-to-taser-rollout-20120318-1vdm6.html