Jim Phillips: Dr.
Alpert to what do you attribute the heightened public awareness of police pursuit?
Dr. Alpert: Police
pursuits have attracted the attention of the public through the media, entertainment
industry and personal experiences. We are entertained by movies, upset by media
reports and scared when injuries and deaths occur to our friends and family. Our
research has shown that the more members of the public know about the dangers of pursuit
driving, the less they support it. Public opinion shows high levels of support for
cases of serious and violent offenses. However, when citizens are provided with
information about pursuits in their areas, the support diminishes.
Jim Phillips: What
do you believe to be the effects of live broadcasts of pursuits?
Dr. Alpert: Live broadcasts of pursuits may satisfy the appetites of
those who need the excitement of risk and danger. Although there is no empirical
evidence to prove such a claim, these live chases may influence the decision-making of
police officers should they know they are being "followed," and may impact
decisions of those citizens with a propensity to "run." Likewise, officers
who are aware of the live pursuits may think they are on camera! Pursuits are dangerous
tactics, which require an officer's complete and full attention. Citizens who flee
from the police are making very bad and too often, deadly mistakes. Any outside
influence may have a
negative impact on the process and outcome of a pursuit. It is hard to understand the
reason why a pursuit is placed on the air live except to increase revenues.
Jim Phillips: Because of recent events I no longer watch pursuits on TV,
but when I did I was often gripped by rage at the fleeing suspects. What part do
emotions play in pursuits, both to pursuers and those pursued?
Dr. Alpert: Anyone
who flees from the police is committing a serious offense - and one that at which we
should all be upset. As a civilian, my rage is directed at the offender. As a
trained police officer, the rage should be tempered by the risk the driver is creating and
the pursuit
would create. In other
words, a civilian who watches as some "idiot" is running from the police, can
become upset and outraged at the fleeing person's actions. A fleeing suspect is
running to avoid apprehension and/or arrest. There are many reasons why a person
may flee from the
police - none is a good one! Officers should be trained to recognize those reasons
and to understand that a person fleeing will likely slow down when he feels safe and that
he has won the chase. This is difficult for anyone to stomach. Police officers
want to catch the "bad
guy," and it is normal for them to believe that it is their job and duty to try and
apprehend someone who is fleeing. A well-trained officer recognizes that fleeing
suspects create serious risks to all persons including the officer, the public and the
fleeing suspect. The well-trained officer will recognize how to temper the initial
and grave feelings of contempt toward the suspect and realize that his or her most
powerful tool may be to terminate a chase that has become too risky. This officer will
have to figure out other ways to catch the fleeing
suspect without risking the public safety.
Jim Phillips: Generally,
would you say that penalties for fleeing are severe enough? Would
stiffening the penalties cut down on the number of suspects who flee?
Dr. Alpert: People
who flee the police are making a serious mistake. They are creating risks for the
officers, the public and themselves. I think that a person creating all those risks
should be punished accordingly. That said it is important not to make fleeing the police a
serious
felony that provides the "excuse" or "justification" to actively
pursue the suspect. This type of behavior exacerbates the problem. States
should consider making fleeing the police a serious felony with serious penalties.
However, these states should also have a rebuttable presumption that the driver of the car
is the owner of the car, making it unnecessary to chase suspects and raise risks. Although
this legislation may not help with suspects in stolen cars, it would impact a
wide variety of other offenses. The point is to apprehend and punish fleeing
suspects without endangering the officers and the public. Another important concern is
that prosecutors not "bargain" or drop fleeing charges. In far too many
situations, these charges are dropped and suspects receive no penalty for fleeing the
police.
Jim Phillips: By
"rebuttable presumption that the driver of the car is the owner " you
mean that by law the owner is presumed to be the driver until proven otherwise?
Dr. Alpert: Yes.
Jim Phillips: Has
this been tried and has the constitutionality been affirmed?
Dr. Alpert: I
don't think so but there are rebuttable presumptions in auto theft statutes.
Jim Phillips: What
percentage of pursuits involves accidents? What percentage involves injury?
Dr. Alpert: Our
research shows that approximately 40% of all pursuits result in a crash, 20% result in an
injury and 1% result in a death. It is interesting that these percentages are
accurate for departments throughout the country and over a period of years, even when the
numbers of pursuits fluctuate.
Jim Phillips: So
you could conclude that property damage, injury and death from pursuits
would decline in proportion to the decline in the number of pursuits?
Dr. Alpert: Yes,
the numbers change drastically based on policy but the percentages remain relatively
stable. For example, when Miami-Dade Police Department went to a violent felony only
policy (1992), the numbers went from 450 pursuits a year to 50. However, the
percentages did not change significantly.
Jim Phillips: Have
you noted a trend in the yearly number of pursuits nationwide?
Dr. Alpert: As
there are no national pursuit data it is impossible to determine if the number of pursuits
has changed. However, I have noted that many agencies are restricting their policies
to a limited number of offenses-which would lower the overall number of pursuits.
Jim Phillips: When
agencies restrict their policies is an increased propensity to flee observed?
Dr. Alpert: No.
Jim Phillips: You
mentioned that there is no national pursuit data. Would you support legislation that
required the mandatory collection of that data on a national basis?
Dr. Alpert: Several
attempts have failed to have police agencies collect and report pursuit data
voluntarily. Attempts at legislative reform have failed in congress. My sense
is that if agencies are unwilling to voluntarily collect and report data, then they should
be required to do so. There are a dozen states that have reporting systems and the
IACP has a repository. I do not hold much hope, as there is no national reporting system
for the use of firearms.
Jim Phillips: Is
there any reason to doubt the pursuit death statistics of the National Highway Traffic
Safety Administration?
Dr. Alpert: The
data from NHTSA are underreported. The data come from the Fatal Accident Reporting
System (FARS), which is a voluntary reporting system. The pursuit data are reported by
checking a "pursuit related" box. As the definition of pursuit related may
vary among jurisdictions, it is impossible to accurately determine the circumstances. Some
deaths may occur
after a person is hospitalized and not at the scene, which would mean the crash is not a
fatality.
Jim Phillips: Is there any research to indicate what percentage of suspects who flee will
stop fleeing if the police break off pursuit?
Dr. Alpert: I have conducted empirical
research on fleeing suspects. The complete results are published in the U.S. Justice
Department Research in Brief. Basically, we learned that most suspects will respond to
police officers who terminate their active attempt to chase. The fleeing suspects
will continue until they feel safe and then either attempt to blend into traffic or
"ditch" the car and run on foot. Suspects feel safe in a relatively short
period of time and distance.
Jim Phillips: In your
judgment, what is the most critical area of police training regarding pursuit?
Dr. Alpert: Pursuit training must include both EVO (Emergency Vehicle
Operation) and decision-making training. The physical hands-on driving must train the
officer how to drive. The decision-making aspect of training must inform the officer
when to use those driving skills, or when and when not to pursue. The
decision-making aspect of training must also teach the officers what to expect during a
pursuit and prepare her or him for the stress, adrenaline dump and natural desire to catch
the fleeing suspect.
Jim Phillips: Do
you have any problem with pursuit policies that characterize pursuit
policy as a balancing act between the need to apprehend and public safety?
Dr. Alpert: Policies
that merely state that officers must balance the need to immediately apprehend and the
risk created by the chase are too vague. Although that balance is at the heart of every
decision, officers need more guidance concerning need to apprehend and risk.
If these two concepts are defined, explained and demonstrated by example in training, then
the policy can be more vague. However, most training programs do not provide
sufficient information to overcome such a vague policy. The policy and training must be
taken together to provide an officer with the philosophy and specifics demanded by the
Chief and command staff. The more vague the policy, the more training will be required.
Policies that define the terms and give examples will need less training.
Jim Phillips: Is it fair to say that pursuit policy
should eliminate, as far as possible, subjective decisions?
Dr. Alpert: Pursuit policies should be designed to eliminate some
discretionary decisions. The more restrictive the policy, the more decisions that
will be decided by command staff and not left to the discretion of the officer. The more
vague the policy, the more decisions that will be made by the officer during the heat of
the chase.
Jim Phillips: Given other favorable factors
(traffic, road conditions etc.) what types of crimes do you believe warrant pursuit?
Dr. Alpert: I believe
that pursuit should be limited to violent felonies.
Jim Phillips: I
would assume that reporting and data collection of pursuit activities by police agencies
would be an important aspect of pursuit policy. What data should be collected and how
should it be used?
Dr. Alpert: Pursuit policies should include a requirement to report
specific aspects of the pursuit. Reporting elements can vary but should include
reason for chase, speeds, location, areas, outcome apprehension, use of force, tactics,
and extent of supervision, among others.
These data should be used to determine if there are any problems with policy, training or
supervision. These days can be used to identify trends, customs or practices.
For example, if pursuits are often justified because a suspect "assaulted the officer
by use of a motor
vehicle," then the department should review the policy, training and supervisory
training as they relate to chasing someone who has "assaulted" the officer with
a motor vehicle. Here, the issue revolves around the suspect who may be trying to
escape and the officer either steps in front of the car to stop it or does not step out of
its path.
Jim Phillips: What is
the relationship of insurance underwriters to pursuit policy?
Dr. Alpert:
There are some underwriters who have looked at the policies and training of agencies they
insure. There has been a movement to evaluate and classify policies and training and
lower the rates of those who have excellent policies, training and risk records.
This is an area that needs further assistance from the insurance industry.
Jim Phillips:
Do underwriters come down on the side of very restrictive policies?
Dr. Alpert:
The insurance folks I
have talked to prefer restrictive and tight policies ... However, if the person
reviewing the policy has no idea what to look for - then he or she might think it is a
great policy. The insurance companies often hire wonderful and professional assessors -
but sometimes do not... and end up with someone who has been told by the chief or sheriff
that the policy is great!
Jim Phillips: Thank you, Dr. Alpert.
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