Someone who is "combative and intoxicated" needs to be grappled with, not Tasered. It seems there was more than one cop on scene, so the argument that a lone cop had to do it is sort of lost. My understanding of the place of the Taser in the use of force continuum is that it's an alternative to a firearm and that leads me to think that the Taser should be used against knife-edged weapons. From the stuff I read it seems that it is being use for compliance in the place of physical grappling and I don't think that's what it's meant for.
As for 97% cops being good, 3% being bad Rabbi, I take your point but the truth is a little more complex I'm afraid. A very small minority of cops are bad but they manage to hide it or they rely on the solidarity thing to keep operating. The huge majority of cops are decent people who at times lose it and if they're caught on camera they're labelled as being of the very small minority of bad cops. Just my take on it.
Why do they need to be grappled with? Do they have a weapon hidden? Are they going to stab the officer? Do they have some communicable disease? Are they high on PCP, and have the strength of 3 men?
Uh no. The officer's safety calls for measures like tasering.
Again, I take your points. But I'll have to counter them. Before I do let me put my own views into perspective. I'm looking at this from my own cultural experience. Policing in the US is far more hazardous than policing in Australia. Now that's a severe generalisation but it will have to stand for the moment. I know that there would be places in the US that were not ordinarily hazardous for police and there are places here which are damn hazardous for police but on balance I think it's fair to say that policing in the US is more hazardous than here.
Sometimes you just have to accept that policing (like many other occupations) is physically hazardous at times. Now that's not to argue that cops should put up with crap. But cops are trained and paid to take on hazardous situations, just as are firefighters, miners, high steel workers and so on. No-one forces any of those people to take up their sometimes hazardous occupation.
The workplace should be as safe as possible - for everyone. For cops their workplace is out in the street. It's not possible for cops to control their workplace as it is for, say someone working in a factory. The same goes for underground miners, they can try and make it as safe as possible but they will never make it completely safe, but they get on with the job. Cops need good equipment and good training to help make their workplace safer. I've met and ridden with many cops in various parts of the US from big cities to rural counties and I have never failed to be impressed with their tactical knowledge and skills. Having said that I did meet a chief in a small town in Texas who had a strange view of his job but an except to the rule I think. I've done the same in Canada but only in Toronto.
For cops the workplace consists not so much of inanimate objects (I'm thinking back to my underground miner example) as it is with people. And we know people are sometimes unpredictable and potentially dangerous. I have to say that no one contact between police and citizen is the same as any other contact, there are always variables. That contributes to the hazards faced by police. Assumptions and complacency will get a cop badly injured or killed. But on the other hand over-reaction, misjudgement, tactical errors, will get a citizen killed. This is the problem facing all cops all of the time. Depending on where they are they need to develop a standardised approach to the police-citizen interaction. You've probably seen many videos of the lone police officer out on the highway who has stopped traffic offender and who approaches the vehicle. The traffic stop is always an unknown for police officers in a society where personal firearms ownership is very high. They have no idea who they're dealing with, they must assume that they may encounter an armed (lawfully or unlawfully) citizen. That isn't the case where I am but I am only making that point to clarify my understanding from my own cultural background. Cops here aren't complacent (generally) but they are not in the position of a cop in the States in the same position. I also need to add that that is an observation, not a judgement.
When a cop either initiates a situation with a citizen or is responding to a report of a situation they have to make early judgements about how to handle it. Don't misunderstand that. The available information is quickly assimilated and the cop must decide on their approach within a space of seconds and the “available information” may be very scant indeed, but they can't afford to dither. They must decide between two points, going in hard or going in soft. I emphasise that's a continuum, not an either-or.
Has the person got a concealed weapon? It's an unknown. But in that case the cop has to decide on the proper approach. There are so many variables in a situation that it's impossible for me to go through them. Using an ECD on someone simply because a cop thought that they were carrying a concealed weapon is an interesting example. It may be the case in the US that citizens and legal authorities may accept it due to the more hazardous situations faced by your police on a daily basis. Where I am – and this is all about cultural differences – it would be a career-limiting move for the cop. He or she would have to have reasonable cause and suspicion here isn't “reasonable cause.” Unless and until a weapon is sighted the standard approach here is to go in hands on.
Communicable diseases are indeed a major problem. That's why rubber gloves (not sap gloves) are issued, so that cops can handle people and at least try and keep the chance of infection to the minimum. Spitting is a big problem I know. But again pulling out an ECD and discharging the electricity into someone simply because they may just have a communicable disease doesn't seem to me to be reasonable. Again, precautions have to be taken but the risk can't be avoided by discharging the device against the citizen on those grounds.
I've never dealt with anyone on PCP so I can't comment from personal experience. It's not that common here but I do know for a while dusters were a huge problem in the States. It might well be reasonable for cops facing a duster to use an ECD. I certainly wouldn't advocate grappling with the duster unless the police were very mob handed. If they could call out the defensive linemen from a pro football team that would probably obviate the need for an ECD in that situation.
My understanding of the ECD was that it was an alternative to a firearm, not to physical grappling or OC spray or a good old-fashioned biff with a baton (ASP or PR24). If someone pulls a firearm then the cop pulls his or her firearm, no problem. If someone pulls a knife then it used to be the case that the cop had a choice – baton or spray (both of which would be really dangerous given the fact that both have to be used at close quarters to be effective) or firearm. Here – because we (in my jurisdiction) don't have ECDs on general issue (only the tactical unit has them) – it's out with the handgun and let's take it from there. The ECD gives police a less-then-lethal option but of course sometimes it's just necessary to use a firearm anyway. That's about judgement again, the judgement a cop has to make in seconds in a given situation.
My main point is that the ECD should be used appropriately. It may well be that a lower voltage discharge is appropriate for compliance, I don't know because I don't know how the ECD works because I've never used one. But that's up to the society that employs its police to work out. Police use of force is not controlled by policy from the police department or sheriff's office, it is controlled by the law passed by the legislature and administered by the judiciary. Sometimes there is a lack of understanding of reality by both the legislature and the judiciary but that can be dealt with by an effective police administration or where the administration is lacking then the police union can take over that role. One thing I do know is this, that the accepted principles of use of the ECD (or any other force for that matter) need to be worked out very clearly because leaving cops in the dark on it is undermining them and making the lives of cops and citizens just that much more hazardous when it's patently unnecessary.