Professional Documents
Culture Documents
Volume 71
Number 4
United States
Department of Justice
Federal Bureau of Investigation
Washington, DC 20535-0001
M any consider the alpine from the national ski teams of more ongoing internal and international
village of Vail, Colo- than 60 countries participated. The political or civil turmoil. Officials
rado, as one of the opening ceremonies on the evening anticipated attendance by 2,000
world’s premier ski resorts. Lo- of January 30 culminated a 3-year members of the international media
cated in a scenic valley at an eleva- security planning process that in- and a worldwide television audi-
tion of 8,150 feet, the nearby sum- volved the participation of numer- ence of more than 500 million
mit of Vail Mountain climbs to ous federal, state, and local agen- people. Additionally, numerous
nearly 11,000 feet. Because of such cies. In addition, the 1999 WASC dignitaries, heads of state, and inter-
natural amenities, Vail has become was one of the first events that the national leaders of industry had ex-
a popular location for many winter U.S. attorney general, under the De- pressed interest in attending. Secu-
sport competitions. partment of Defense provisions for rity concerns became heightened by
During January and February support to civilian sporting events, an October 19, 1998, arson attack
1999, Vail hosted the World Alpine certified. on Vail Mountain. The Earth
Ski Championships (WASC), a Authorities predicated security Liberation Front, a group known
winter sporting event second in planning for the 1999 WASC on the for its involvement in acts of
scope only to the Winter Olympic invitation of 90 national ski teams, “ecoterrorism,” claimed responsi-
games. Five hundred competitors many from countries involved in bility for the attack, which caused in
April 2002 / 1
excess of $12 million in damage. international scope of the event, the planning, logistics, and finance—
No matter what the event, well-de- FBI also became involved. the standard ICS structure did not fit
veloped plans for maintaining secu- The initial organizational struc- the committee’s specific needs.
rity and for responding to a critical ture of the security committee con- Therefore, it developed a unified
incident, should one arise, remain sisted of a chairman, 2 joint vice command structure, uniquely tai-
crucial for a successful outcome. chairmen, and 12 working groups: lored for the needs of the WASC,
venue security, criminal justice, and reorganized the working groups
ORGANIZATION communications, command post, to fit the new structure. The goal
Soon after the 1999 champion- traffic/parking, special operations, was to efficiently plan and execute
ships were awarded to Vail, au- fire/emergency services, training, safety and security operations by
thorities established an organizing community relations, intelligence, using an ICS structure to coordinate
committee that appointed the Vail logistics/housing, and volunteers. the resources of numerous federal,
police chief as security chairman in After approximately 6 months of state, and local response agencies.
December 1995. The chief created a planning, it became apparent that Due to the geographic setting of
security committee in early 1996 this structure overlapped and often Vail Valley and the widely dis-
and assembled a multiagency task resulted in duplicative efforts by the persed venue sites, the security
force, which included more than 30 working groups. The chairman and committee defined its operational
federal, state, and local law enforce- vice chairmen of the security com- jurisdiction as being from the top of
ment, fire, health emergency man- mittee met with representatives of the Vail Pass to the Eagle County
agement, military, and private secu- the Colorado Office of Emergency Airport, a distance of nearly 60
rity agencies. Because of the large Management who recommended miles. Then, the committee imple-
geographic area involved and the improving the organizational struc- mented a unified command, con-
overlapping jurisdictions, the com- ture by implementing the incident sisting of high-ranking personnel
mittee appointed the western com- command system (ICS). from the Vail Police Department,
mander of the Colorado State Patrol While the committee agreed the Eagle County Sheriff’s Office,
and the Eagle County sheriff as on the use of ICS—which incorpo- the Colorado State Patrol, and the
joint vice chairmen. Due to the rates the functions of operations, FBI.
Under the direction of the secu-
rity committee’s chairman, the uni-
fied command cooperatively made
all major decisions, both during the
planning process and the actual
management of the event. To main-
tain an efficient command structure
during specific events, the unified
command designated one of its
members as an incident com-
mander, based upon primary law
enforcement jurisdiction. On occa-
sion, several different events at
separate locations occurred simul-
taneously. Therefore, the unified
Chief Morrison formerly led the Special Agent Airey serves in the command assigned venue supervi-
Vail, Colorado, Police Denver, Colorado, FBI office. sors, who reported to the incident
Department and currently heads commander at the command post, to
the Grand Junction, Colorado, oversee individual events.
Police Department.
“
resources. During the 1989 champi- cal location of participants created
onships, the U.S. Department of an atmosphere of chaos. The uni-
Defense (DOD), in response to di- fied command suspended the exer-
rect requests from the organizing To evaluate the overall cise and revised the number of per-
committee and local law enforce- safety and security sonnel and their physical locations
ment officials, had provided logisti- plan, authorities held to facilitate communication among
cal and emergency response sup- a large-scale practice key personnel and to reduce back-
port. By 1996, the National Defense ground noise. The new structure
Authorization Act required that
exercise.... proved a success, both for the re-
mainder of the exercise and during
”
similar support and assistance only
could be attained for essential the WASC.
safety and security functions fol-
lowing a certification process re- The FBI Denver office for- TABLETOP EXERCISE
quiring the concurrence of the U.S. warded the finalized request, with a To evaluate the overall safety
attorney general. letter of concurrence, to the Special and security plan, authorities held a
The certification process, es- Events Management Unit (SEMU) large-scale practice exercise in Vail
tablished by Title 10 U.S. Code, at FBI headquarters. SEMU coordi- on September 17, 1998. Participa-
Section 2564 (a), requires that offi- nated the approval process with se- tion included federal, state, and lo-
cials responsible for providing law nior officials of DOD and DOJ. The cal agencies, as well as representa-
enforcement and safety services attorney general approved the re- tives from the military, private
to civilian sporting events submit quest in October 1998. security, and volunteers. Presented
written requests for specific as a “no-fault” event by the Colo-
categories of DOD support to the COMMAND POST rado Office of Emergency Manage-
U.S. Department of Justice (DOJ). The size, complexity, and num- ment, the exercise was designed to
In compliance with DOJ proce- ber of personnel involved in secu- evaluate issues, such as interagency
dures, the security committee rity for the WASC created the need notification and coordination,
chairman submitted a written re- for a state-of-the-art command post. command and control, and commu-
quest to the FBI Denver office in The unified command determined nications. Participants learned a
February 1998. The categories that the Vail Police Department was great deal and, most important, de-
deemed necessary for support and the optimal site due to its central veloped liaisons. Because of the
not available locally included com- location and close proximity to the tabletop exercise, the unified
munications, explosive ordnance majority of the events. Based on the command implemented changes
disposal, transportation/air support, certification of the WASC, DOD that strengthened the incident
physical security, operations center, designed and equipped a command command structure.
April 2002 / 3
Weather and Traffic
The geographic nature of Vail
Valley allows for some of the best
skiing in the world. It also creates
limited road access and dramatic
changes in weather. During the
WASC, as many as 50,000 specta-
tors were on hand at any given time,
and several heavy snows, combined
with already limited parking, kept
the command post busy. The inclu-
sion of public works in the com-
mand post, however, made it pos-
sible to rapidly assess problem
areas and take steps to redirect traf-
fic flow. Helicopter support from
THE EVENT the opening ceremonies, the secu- the FBI and DOD allowed law en-
rity committee conducted a number forcement personnel to view prob-
On January 30, 1999, after 3
of classes on handling such matters lem areas from the air, while
years of preparation, planning, and
with all of the emergency respond- prepositioned electronic traffic
training, the opening ceremonies
ers, private security personnel, and signs quickly were programmed to
for the WASC began. From the
volunteers who quickly notified the provide routing information. This
start, a constant flow of issues
command post of anything unusual combined effort helped to keep
needed to be addressed, ranging
during the WASC. such issues at a manageable level.
from missing children to unat-
tended or suspicious packages. The Private and Volunteer Security
extensive planning and practice ex- Mercury Scare
ercises paid off as the established During the first few days of Despite months of planning,
security apparatus handled these in- the WASC, numerous mercury preparation, and training, the volun-
cidents effectively and efficiently. switches began disappearing out of teer and private security functions
However, the command post re- local condominiums. Shortly there- quickly became overwhelmed. This
mained very busy responding to a after, a Vail official remarked that was due, in part, to the large number
wide variety of safety and security he had heard a rumor that the water of spectators and competitors who
issues, including unattended pack- supply had been contaminated with seemed to ignore their directions.
ages, a mercury scare, weather and mercury. Authorities conducted a The planning section in the com-
traffic problems, and private and threat evaluation and determined mand post organized a schedule of
volunteer security concerns. that the amount of missing mercury, uniformed officers drawn from the
if concentrated in a local water sup- Colorado State Patrol and surround-
Unattended Packages ply tank, could pose a health risk. ing municipal police forces to pro-
As part of the security plan for The command post quickly ar- vide a more visible presence at key
the WASC, prestaged teams from ranged for all of the local water sup- security points. While the local edi-
the FBI; Bureau of Alcohol, To- plies to be sampled and analyzed. torial pages reported some grum-
bacco and Firearms; and DOD Ex- The resulting tests proved negative. bling about the increased police
plosive Ordnance Disposal stayed Although officials anticipated press presence, the security problems
busy responding to numerous re- inquiries regarding the rumor, the abated. In fact, many visitors re-
ports of unattended or suspicious matter faded without further media quested photographs with the Colo-
boxes, bags, and backpacks. Prior to attention. rado State Patrol troopers.
Crime Data
April 2002 / 5
Research Forum
© George Godoy
Deadly Force
A 20-Year Study of
Fatal Encounters
By Larry C. Brubaker, M.S.
“
peace officers in Minnesota. In one male officer were providing
2000, Minnesota had 8,949 sworn security at private business
officers: 8,125 males and 824 Uniform patrol establishments. The third off-duty
1
females. Information in the study represented the officer, a male, was in his personal
related to the small population of overwhelming type vehicle when an individual ran
148 officers (six officers were of assignment of the past shooting at other people. The
involved in two separate shootings) officers. shooter turned his weapon toward
who fired weapons during those 20 the officer, who immediately shot
and killed the suspect.
”
years at 80 individuals who
subsequently died. One hundred thirty-seven of
the officers involved were Cauca-
Term Definitions sians, five were African-Ameri-
For purposes of the study, deadly force relates cans, two American Indians, two Asians, and two
to the force that an actor uses with the purpose of Hispanics. The average age was 34 years and 11
causing, or that the actor should reasonably know months. The oldest officer was 59, and two at age
creates a substantial risk of causing, death or great 23 were the youngest. The age of 28 was the most
bodily harm. The intentional discharge of a firearm frequent, with 15 officers at that age, followed by
in the direction of another person, or at a vehicle in 14 officers at age 33.
which another person is believed to be, constitutes
deadly force.2 Peace officer describes an employee or Level of Experience
elected or appointed official of a political subdivision The experience level of the officers proved
or law enforcement agency who is licensed by the significant. Most of the officers were not “rookies.”
board and charged with the prevention and detection The average experience at the time of the event was
of crime and the enforcement of the general criminal just under 10 years, including law enforcement
laws of the state who has the full powers of arrest, experience in other states or in the military police.
including the Minnesota State Police, agents of the However, one officer had only 5 days on the job,
April 2002 / 7
while another had only 4 months, but had been a Patrol officers and one officer from the Department
community service officer with the same agency for of Natural Resources fired their weapons. One
3 years. Two officers, with 30 years each, had the hundred eighteen of the officers involved came from
most experience. the 7-county Minneapolis/St. Paul metropolitan area.
Larger organizations, specifically the Minneapolis
Type of Assignment and St. Paul Police Departments, had a higher fre-
Uniform patrol represented the overwhelming quency of shootings. Just over one-half, 79 officers,
type of assignment of the officers. However, a variety were with departments employing more than 100
of other assignments also occurred. Four officers were officers.
assigned to a moving surveillance of convenience
stores when a robbery occurred. A high-speed chase Weapons Used
resulted, and all of the officers fired their weapons. During the years covered by the study, Minnesota
One perpetrator was killed, and the other was peace officers routinely used three types of weapons
wounded. While serving civil papers at a financial in the performance of their duties—a revolver, a
institution, another officer semiautomatic handgun, and a
encountered an armed individual shoulder-type weapon. The
on parole for bank robbery. One standard weapon into the mid-
officer purported to be a pizza 1980s was the .38- or .357-caliber
deliveryman in an attempt to gain
access for a search warrant to a
residence where narcotics were
sold. When the “doorman” at the
“ ...the majority of
officers commented
that they were not
revolver. Later, the semiauto-
matic handgun gained popularity
and now constitutes the issued
weapon for almost all depart-
residence displayed a weapon, prepared for the ments. Initially, the 9-millimeter
the officer shot and killed him. psychological impact was the most common; however,
An officer involved in a decoy upon themselves, their more recently, some departments
role accidentally fired his weapon families, and their have begun using .40- and .45-
during an arrest of a man who departments.... caliber handguns. The typical
had committed a felony. In shoulder weapon, a .12-gauge
another incident, a detective was
eating lunch when a citizen came
running into the restaurant and
announced a robbery at a nearby bank. The robber
” shotgun loaded with 00 buckshot,
was employed in all except one
shotgun shooting, where rifle
ammunition was used in the shotgun. Additionally,
shot at the officer who returned fire, killing the tactical teams used 9-millimeter shoulder-type
subject. Another bank robber led officers on a long, weapons. However, one officer on a tactical team
high-speed chase. Throughout the chase and subse- used a .308-caliber sniper rifle to shoot a person
quent encounter, six officers from four different wanted for an armed robbery after a prolonged
agencies fired at the robber. barricade incident, and a deputy fired a .223-caliber
Only one tactical team was involved in a fatal rifle during another shooting. Three officers changed
shooting from 1981-1990. During the last 10-year weapons during incidents. In two situations, officers
period, tactical teams were involved in seven had difficulty ejecting spent rounds from shotguns
shootings. Two of these were regional-type teams and changed weapons. The third officer changed
that responded to specific incidents. weapons after firing all of the rounds from his
shotgun.
Agency Breakdown
Of those involved in fatal shootings, police Extent of Firearms Training
departments employed 122 of the officers, whereas Familiarity with the weapon did not appear to
22 were sheriff deputies. Three Minnesota State pose a problem with any shooting. Only the two
April 2002 / 9
grabbed the cylinder of the revolver so it could not officers afford to wait for suspects who appear armed
turn. The officer who had lost the weapon regained when in actuality they are wielding a nonlethal replica
possession at that point and fatally shot the offender. weapon, pellet gun, starter’s pistol, or paint gun? Can
A man shot another St. Paul officer in the hand and officers, who have to react in a split second, wait for
chest with a .45-caliber handgun. The officer man- individuals charging them with a knife, screwdriver,
aged to return six shots that killed the individual. An pry bar, or other type of instrument that appears to
innocent bystander standing behind the officer was hit them as a lethal weapon? What should officers do
in the leg by one shot from the assailant. All of the when a person drives a vehicle, a very large and
injured St. Paul officers recovered and returned to dangerous weapon, at them? How can officers know
work. the mental state or purposeful intentions of the driver?
Further research into these deadly situations must be
CONDITIONS AT THE SCENE conducted to discover ways to help officers who find
Research showed that several factors influenced themselves in these circumstances.
conditions at the scene of the Conversely, examples of
shootings. These included the incidents where individuals were
demographics of the individuals armed with more than one weapon
“
slain and the weapons they bran- or showed considerable intent to
dished, the number of officers harm the officers involved in-
involved, and the dates and times cluded one suspect who pointed a
Familiarity with the
that the shootings occurred. shotgun at officers and was shot,
weapon did not
but then pulled a handgun. Two
Demographics of appear to pose a individuals, one in rural Minne-
Individuals Slain problem with any sota and one during a metropoli-
Officers shot 50 Caucasian and shooting. tan area bank robbery, used .223-
18 African-American individuals. caliber rifles to begin shooting at
The remaining 12 consisted of 5
Native Americans, 5 Asians, 1
Cuban, and 1 Iranian. The average
age of those killed was 32 years
” officers and then changed to 9-
millimeter handguns. Two indi-
viduals were shot when they
attempted to obtain officers’
and 8 months. Two individuals at 13 years of age (the service weapons. One succeeded and shot two offi-
same incident) were the youngest, and the two oldest cers; however, the weapon was retrieved and used to
were 65 years old. fatally shoot the person. Another took an officer’s
handgun, but was shot by that officer, using his
Weapons Brandished shotgun, and aided by two other officers. These
Officers faced a variety of weapons. Forty-two situations illustrate the need for officers to remain
suspects confronted officers with firearms—34 used vigilant in the performance of their duties to ensure
handguns and 8 employed shoulder-type weapons. the safety of the citizens they serve and themselves
Twenty suspects wielded knives or edged weapons, as well.
and four utilized vehicles as weapons. In addition,
two officers shot two suspects accidentally. A most Number of Officers
significant part of the research revealed that, because The number of officers at the shooting scene
some of the shootings took place in poorly lighted varied somewhat; however, just over one-half of the
areas, 21 officers shot 12 suspects who appeared incidents (40 of the 78) had only one officer firing a
armed with deadly devices, such as handguns, knives, weapon. Two separate events occurred where only
or other lethal weapons. one officer shot a weapon and two individuals died.
This last category raises important questions that Twenty-two situations involved two officers firing
the criminal justice community must consider. Can their weapons; seven incidents had three officers; and
April 2002 / 11
told him later that it took their agencies most of the Although the weapon was an authentic-looking
day to sort out everything. It was a complete opposite replica, the subsequent investigation could not
and negative event for them. determine if this was an officer-precipitated suicide. It
Six of the officers were in two different fatal also remained difficult to determine the motivation of
shootings. One officer was in his second shooting 16 someone under the influence of alcohol or other drugs
years after the first one. One officer was at a different who charged an officer with a knife or club when the
agency 5 years after the first shooting. During the officer was pointing a firearm at the attacking person.
second event, he and another officer fired simulta- Overall, the study revealed that 17 of the 80 shootings
neously at a man who had just killed his mother and reviewed possibly were suicide-by-cop incidents.
stabbed his father. One of the officers in a shooting
death in the 1980s recently commented, “I’d quit RECOMMENDATIONS
[law enforcement] if I had another fatal shooting.” The author discovered several significant issues
Other than through retirement, relating to the use of deadly force as a result of the
seven of the officers left the law study. Through personal inter-
enforcement profession. One views with officers involved in
“
officer began a new career in a such situations, he established four
field that he had worked in part recommendations.
time prior to the shooting. Two First, an agency other than the
Research showed
officers had to leave as existing
medical conditions became worse
and made them unable to continue
in law enforcement. Another
“ that several factors
influenced conditions
at the scene of the
department of those officers firing
their weapons should investigate
the fatal shootings. A large metro-
politan department should have the
officer left a department in a shootings. county sheriff, state investigative
dispute over a separate matter. agency, or another nearby large
Four officers (three males and one department that routinely investi-
female) quit as a direct result of
the shooting incident. Two of the
four continued working for a
” gates homicides conduct the
investigation. This is not a reflec-
tion of competency or integrity of
period of time before leaving their agency. In addition the officer’s department, but, rather, an attempt to
to these seven officers, one officer later died of a eliminate any question of partiality or cover-up.
heart attack while on duty. Second, firearms training should include more
low-light and artificial-light shooting. The officers
Suicide by Cop interviewed also indicated that training scenarios of
The exact number of deaths through suicide by actual deadly force situations are more believable and
cop, or officer-precipitated suicide, proved somewhat beneficial. The use of wax or paint bullets in these
difficult to determine. Some were rather obvious—the scenarios allows officers to determine the effective-
person who had given his son a suicide note when he ness of cover and accuracy of shots fired. While
released him and had no live rounds in his weapon. computer-generated videos are excellent, a person
Others, however, remained enigmatic as to whether provides a life-size target and is more realistic. This
they fit the characteristics of suicide by cop. One training also should include all types of weather
individual was walking down the street listening to extremes as most agencies do not train when it is
music with headphones. He had a weapon in his hand. raining or snowing.
Witnesses called the police, and two officers con- Next, all officers involved in a shooting death
fronted him. Witnesses over a block away could hear should have one mandatory consultation with a
the officers yelling at him to “put the gun down.” The professional counselor. Many officers expressed
individual walked toward a young boy and pointed concern that if they asked for counseling, the word
the weapon at him. Officers shot and killed him. would spread among their departments that they
were having “problems.” The need for counseling discourage the suspects. Officers with a shoulder
apparently is viewed by many officers as “not being weapon did not have a greater effect making the
strong” or not acting “like an officer should act.” person stop than those with a handgun. Officers
Fortunately, this belief is changing. Agencies should overwhelmingly felt prepared tactically for the
not only provide officers with this service at no cost shooting, believing that their training with a firearm
but also any of their family members requesting to was very adequate. However, the psychological
attend. trauma following the shooting appeared the most
Finally, the use of nonlethal weapons during some devastating. One officer summed it up best when he
situations needs to increase. The development of such said, “All officers should have training and knowl-
weapons has advanced in recent years.9 Training and edge concerning the postshooting experience. All
the use of such weapons should expand, especially in officers need to know that when you pull that trigger,
situations where officers confront individuals armed your department and family also are pulling it.”
with weapons, such as knives or clubs, that these
subjects could use in close proximity to the officers. Endnotes
1
Statistics obtained from the state of Minnesota POST (Police Officer
CONCLUSION Standards and Training) in St. Paul.
2
Minnesota Statute Annotated (M.S.A) § 609.066, subd. 1, 2000.
The use of deadly force remains an issue of great 3
M.S.A. § 626.84, subd, 1 (c) (1), 2000.
concern for the law enforcement community. This 4
M.S.A. § 609.02, subd. 8, 2000.
study of Minnesota peace officers offers a variety 5
Black’s Law Dictionary, 5th ed., (1985), s.v. “reasonable.”
6
of interesting findings, some surprising and some The American College Dictionary (1997), s.v. “firearm.”
7
U.S. Department of Justice, Federal Bureau of Investigation, Law
expected. All may contribute to reducing these tragic Enforcement Officers Killed and Assaulted, 1999 (Washington, DC,
events. 2000), 20.
The study showed that officers in large metropoli- 8
Ibid., 19.
9
tan areas were involved in approximately 75 percent For additional information, see Ed Nowicki, “Lethal Force Options,”
Law and Order, September 2001, 18-20; Sid Heal, “An Evaluation of
of the shooting incidents. Over two-thirds of the Less-Lethal Munitions,” Law and Order, September 2001, 88-93; and
shootings took place outdoors. Most shootings “IACP’s Less Lethal Force Options Course,” Law and Order, September
occurred between the hours of 8 p.m. and 4 a.m., 2001, 95-99.
and the majority happened on a Wednesday. Having
more than one officer present did not appear to deter Mr. Brubaker, a retired FBI special agent, currently works
offenders from continuing their actions. The type for a private firm in Minneapolis, Minnesota.
of weapon displayed by officers did not seem to
April 2002 / 13
Book Reviews
Protect Your Life! A Health Handbook allowing readers to remove critical information
for Law Enforcement Professionals edited by for personal use, to support procedure and policy
Davidson C. Umeh, Looseleaf Law Publica- development, and to assist in training programs
tions, Inc., Flushing, New York, 1999. and act as handout material.
Protect Your Life compiles selected essays At the end of each section of important
into a text that expands the understanding and issues, one or two major material review ques-
knowledge of health and fitness and their tions appear for the reader to address. Questions
positive relationship to reducing job stress, poor focus on the main health and safety awareness
nutrition, and negative environmental variables and knowledge points that uniform services and
on uniform services. The handbook begins with other departmental readers can gain concerning
an examination of cardiovascular disease issues positive impact on their overall personal health
involving law enforcement officers, correctional and safety during the execution of their duties and
personnel, and first responders, such as fire while in an off-duty status.
department and hazardous materials profession- Most of the handbook’s chapters end with
als, their working environments, and personal either a listing of the endnotes cited, references, a
health and safety concerns. summary or conclusion, or recommendations to
The essays provide basic information on departments and their personnel. The handbook
how important it is to have an accurate knowl- also includes selected tables and charts for matrix
edge of the possible dangers of public safety comparisons of critical information to better
work; protective and response equipment; understand the material presented and what
physical fitness of personnel; and the causes, uniform service personnel need to analyze for
signs and symptoms, and methods of disease health and safety protection. In addition, a
transmissions. These essays also include bibliography sets forth current publications and
procedures and personal precautions against leading periodicals in the field of public uniform
infectious diseases and blood-borne pathogens services.
needed to protect and preserve the health Protecting Your Life is interesting and
of public safety personnel, resulting in the informative to readers. To summarize the editor’s
most effective and complete service to their statement in the handbook’s forward, with
communities. accurate knowledge of health and safety issues
Seven chapters concentrate on stress, and awareness of work environment situations,
alcohol and other drug use, infectious and the uniform services profession can continue to
noninfectious concerns, nutrition, physical protect departmental members while these
fitness, suicide, and environmental and safety members diligently and professionally protect and
issues. Each chapter contains three to six critical serve the public.
essays that analyze the key issues impacting the Reviewed by
uniform services. The handbook is designed for Larry R. Moore
easy reading and acts as a ready reference for Certified Emergency Manager
the quick location of key health and safety International Association of Emergency Managers
issues and topics. Each page is perforated, Knoxville, Tennessee
April 2002 / 15
© John Foxx Images
Forensic
Psycholinguistics
Using Language Analysis
for Identifying and Assessing Offenders
By SHARON S. SMITH, M.S., and ROGER W. SHUY, Ph.D.
E arly one Friday afternoon, and cause millions of dollars in patterns represent examples of fo-
police officials from a damage, FBI agents from the rensic evidence that can provide in-
midsized city contacted the NCAVC and the FBI Academy’s vestigative leads and tie offenders
local office of the FBI. A 911 caller Behavioral Science Unit immedi- to their crimes. On the other hand,
had just left a message: seven ately began analyzing the recording criminal investigative analysis, for-
bombs had been planted at a petro- of the call.1 Within hours, they ad- merly known as criminal profiling,
leum facility, and it would blow up vised local authorities of their is an investigative tool that can link
within 24 hours. The male caller left assessment of the offender’s pos- offenders to their crimes by analyz-
no information about his identity or sible characteristics and the poten- ing their behavior.
motive. tial risk of the threat’s legitimacy.
Police officers began gathering What had the agents discovered in Criminal Investigative Analysis
evidence from the area around the the recording of the telephone call? Criminal investigative analysis
petroleum facility while the local How did they find it? originally was designed for, and
FBI office quickly contacted the works best in, investigations of
National Center for the Analysis ANALYZING LANGUAGE serial criminal acts, such as serial
of Violent Crime (NCAVC) at Law enforcement agencies rou- homicides, rapes, or arsons, but it
Quantico, Virginia. Realizing that tinely train their new recruits to rec- also can be used to analyze indi-
these bombs had the potential to kill ognize crime scene evidence. Hairs vidual crimes. This process exam-
or injure hundreds of employees and fibers, DNA, and ballistic ines the crime scene evidence and
April 2002 / 17
preserve language that marks them Occupation, Education Level, experts within the disciplines of
to their general age group. Refer- and Religious Orientation psychology and linguistics, includ-
ring to the Internet as an “inven- Language sometimes contains ing sociolinguistics.
tion,” rather than “technology,” for clues to the writer’s occupation, The law enforcement commu-
example, would indicate that the education level, or religious orien- nity can learn a great deal from
writer more likely is middle-aged or tation. Use of nautical terms, such these disciplines. In 1979, an
older. References to specific adver- as port or starboard, can reflect FBI agent and a professor joined
tisements, products, and music knowledge of boating or even ser- forces to write an article on
groups also tend to give clues to a vice in the military. Consistent use psycholinguistic analysis of threat-
person’s age range. of sophisticated language or correct ening communications, one of
grammar and punctuation skills the first that combined knowledge
Sex may reflect at least a high school from both law enforcement and
Research has demonstrated that education, if not some college. Ref- academia.4 Also, research done by a
men and women may have slightly erences to biblical figures in one forensic sociolinguist spans four
different language patterns. 2 threat case narrowed the list of decades and a variety of topics,
Occasionally, offenders even will suspects to an individual in the such as detecting deception in inter-
use overt male and female markers. victim’s workplace who often views and analyzing threats.5
For example, in one case, the author spoke of his faith and exhorted his In the last 30 years, psycholo-
of a threat letter talked about being coworkers to repent their sins. gists have increased their research
pregnant. Although overt clues on discourse analysis6 because of
like this often are legitimate, inves- the wealth of information it offers
“
tigators should examine them about understanding personality.
for the possibility that a male writer Psychiatrists and political psy-
is trying to disguise his identity Research has chologists, for example, have iden-
by claiming to be a woman. demonstrated that tified language features associated
Fortunately for investigators, as men and women may with personality traits, such as
authors become more immersed in have slightly impulsivity, anxiety, depression,
the documents that they create, different language paranoia, and the need for power
they tend to drop their guard and control. For several years,
and reveal language patterns
patterns.
political psychologists have used
”
indicative of their sex and other these analysis systems for predict-
demographic characteristics. Com- ing the behavior of national lead-
pared with male writers, females ers.7 Information like this also may
are more likely to express tentative- EXPLORING FORENSIC prove valuable for understanding
ness, such as “it seems like...” PSYCHOLINGUISTICS criminal behavior. This knowledge
and “I suppose I should have....” Psycholinguistics is the study can, in turn, suggest more effective
Their language may rely more of the relationship between linguis- investigative strategies and inter-
heavily on expressions of feeling, tic behavior and psychological pro- view techniques.
such as “I felt compelled...,” “I was cesses of the speaker or writer that
upset...,” and “I hope....” Females, underlie that behavior.3 Forensic Current Applications of
more than males, tend to psycholinguistics applies the field Forensic Psycholinguistics
use polite speech acts, such as of psycholinguistics to criminal or At present, investigators are us-
thanking someone and apologizing. civil cases. A young discipline, ing forensic psycholinguistic analy-
Intensifiers also mark female forensic psycholinguistics com- sis of language in several types of
language more often, such as “I was bines the practical experience of cases to help them make more in-
so upset...” and “we had such a seasoned investigators with knowl- formed decisions. These cases in-
good time....” edge gained from the research of clude threat assessment, authorship
April 2002 / 19
possessing weapons. They talk examining suicide notes to deter- However, more research is needed
about committing some violent act mine whether such deaths could be on the features of this type of false
against the target of their anger, disguised homicides and studying suicide note.
such as “Someday, I’m going to computer codes employed by crimi-
stick a gun in his face and kill him.” nals who exploit technology. Computer Crimes
Unfortunately, these clues often are As technology has become in-
ignored until the violence occurs. Homicides Disguised creasingly essential to everyone’s
Afterward, coworkers sometimes as Suicides standard of living, computer crimi-
say that they felt uncomfortable, or Cases have occurred where nals have become more and more
even fearful, in the offender’s pres- husbands have killed their wives proficient. Computer criminals who
ence. Law enforcement officials and then forged suicide notes to are “insiders” (those who work for
and business managers can work to- cover their crimes. In one of these the company) and “outsiders”
gether to train employees to recog- cases, the husband shot and killed (those who do not) have broken into
nize and report danger signals be- the computer systems of govern-
fore such tragedies take place. ment organizations and private
“
Careful assessment of language companies to steal secrets. Sophis-
clues can allow employers to ini- ticated computer criminals are care-
tiate procedures to defuse and get One type of ful to cover their trails, but lan-
help for the would-be perpetrator behavior often guage, even in the form of computer
and, thereby, prevent violence from overlooked, or codes, may leave clues that knowl-
occurring. edgeable investigators can use to
underused, exists in identify and pursue offenders. The
Statement Analysis the offender’s FBI’s National Infrastructure Pro-
Many investigators currently actual language. tection Center (NIPC) currently
use statement analysis to determine works with agents in FBI field of-
”
if an interviewee is being deceptive fices to investigate hacker cases,
or telling the truth. Statement analy- but more research on these types of
sis represents a tool that investiga- offenders also is needed. Members
tors employ to help them examine his wife and two teenaged children. of the FBI’s Behavioral Science
the words that offenders use and the By placing the forged suicide note Unit have initiated research on
information that they omit. Then, near his wife’s body, the husband computer criminals and expect re-
investigators can analyze these escaped responsibility for 20 years. sults in the near future.
word choices and missing informa- After his first wife’s death, he re-
tion and determine the best ap- married twice, and both of these CONCLUSION
proach to take during the inter- wives died in questionable ways. Law enforcement officers
view.8 Once again, language can Recently, the husband, now dying, know that they must examine all
play an important part in solving admitted that he killed his first and kinds of evidence to solve crimes.
crimes. third wives and his children. He still One type, which some investigators
claims that he is not responsible for may overlook, involves the written
Potential Applications of the death of his second wife. How and spoken words of the criminals.
Forensic Psycholinguistics many more suicide notes have been When a subject’s written or oral
Future uses of forensic fabricated to cover homicides? Tak- language is available, it can assist
psycholinguistics in law enforce- ing time to do a personality assess- officers significantly.
ment investigations may prove ment of the victim and examining To this end, forensic psycho-
equally, or even more, valuable. all of the evidence, including the linguistic analysis can extract vital
While further research is needed, language of the suicide note, can clues from language in many types
some potential applications include assist in identifying these cases.9 of crimes. This process may offer
Subscribe Now
April 2002 / 21
Police Practice
Citizen
Firearm
Safety
Program
By Trevin R. Sorby
and J.B. Wheeler
“
depending on enrollment interest. does not meet Virginia’s con-
Since the program’s inception in cealed weapon permit require-
1999, approximately 80 citizens Attendees stated ments, nor does it replace a
have graduated from the program. that they received hunter safety course, it does
enhance the relationship between
The Costs much valuable the police department and the
Although the PWCPD offers information from community. By educating citizens
the program free of charge, each this course.... on the proper use, storage, and
class costs the county approxi- safe handling of firearms, such
mately $525, which includes wages
for two certified instructors,
ammunition for the weapons
demonstration, and a light meal for the participants.
” programs can help prevent
firearm mishaps and potentially
save lives.
April 2002 / 23
Bulletin Reports
April 2002 / 25
Legal Digest
T he criminal acts of Septem- of rewards, they modified the incen- Establishment of the
ber 11, 2001, resulted in tives to informants, including those Confidential Informant
changes to existing U.S. who are noncitizens. Reward Program for
law, including rewards available The notion of rewards for infor- Terrorist Information
to confidential informants who mation is neither new nor limited to Rewards for information in-
provide information on terrorists or terrorism. Indeed, the U.S. Code volving terrorism were established
terrorist activities. Specifically, on provides for several types of re- by the 1984 Act to Combat Interna-
October 26, 2001, the U.S. Con- wards for different kinds of infor- tional Terrorism (1984 ACIT) 3
gress enacted the Uniting and mation.2 This article identifies the which provides the following:
Strengthening America By Provid- different reward mechanisms for With respect to acts of terror-
ing Appropriate Tools Required terrorist-related information and ism primarily within the
to Intercept and Obstruct Terror- explains the process of each pro- territorial jurisdiction of the
ism Act of 2001 (PATRIOT Act).1 gram. While several U.S intelli- United States, the attorney
Prior to September 11, there were gence agencies (civilian and mili- general may reward any
several different venues under tary) have internally managed individual who furnishes
which an informant could be eli- reward programs for confidential information—
gible for a reward, depending upon informants, these programs and 1) leading to the arrest or
which agency received the informa- their appropriations are classified conviction, in any country, of
tion. Although the events of Sep- for national security purposes and any individual or individuals
tember 11 did not increase the types will not be addressed. for the commission of an act
“
Program.6
When he sent the bill to Con-
gress in April 1984, President The notion of
Reagan noted the limitations of ex-
isting laws, specifically the lack of
rewards for
authority to pay rewards for infor- information is
mation concerning acts of terrorism neither new nor
abroad. 7 President Reagan also limited to
stated that the payment for rewards terrorism.
in connection with domestic acts of
”
terrorism was appropriately desig-
nated to the attorney general, while
acts of terrorism outside of the terri-
torial United States raised political Mr. Kash serves as a senior attorney for the DEA in Arlington, Virginia.
and foreign relations issues within
April 2002 / 27
than 30 days after the approval.14 in the United States is necessary for U.S. Department of Justice. When
The funding for the reward program the successful prosecution of the necessary, the AAG can empanel
can come from any executive criminal activity. The S-2 visa is personnel from the U.S. Marshals
agency or military department. The available to aliens possessing “criti- Service, FBI, DEA, DOJ Criminal
attorney general’s refusal to make a cal reliable information” regarding Division, and Department of State
reward is not subject to judicial terrorist activity (emphasis added). to review the applications and pri-
review.15 In addition to the cooperation under oritize the cases to conform to the
S-1, the S-2 informant must be in statutorily mandated numerical
The “S” Visa danger as a result of providing the limitations.21 The application then
In addition to the monetary re- information to the United States. is forwarded to the commissioner of
ward incentive, the Immigration Only state and federal law enforce- the INS for final approval.22 Within
and Naturalization Service (INS), a ment authorities (including federal their 3-year stay, aliens can apply
component agency of the U.S. De- or state courts and U.S. attorneys) for permanent resident status
partment of Justice (DOJ), has the can initiate a request under the “S” (“green card”), which ultimately
authority under specific limited cir- may result in citizenship.
cumstances to grant special visas to
“
nonimmigrants and their imme- The U.S. Department of State’s
diate families. On November 29, Reward for Justice Program
2001, Attorney General John The Department of State also
Ashcroft announced a new pro-
The funding for the
reward program can has the authority to pay rewards for
gram, the Responsible Cooperators information on terrorism. The De-
Program, which provides incentives come from any partment of State was authorized to
to aliens to provide useful informa- executive agency or establish a rewards program in the
tion about terrorists and their activi- military department. Omnibus and Diplomatic Security
ties.16 The incentives already ex- Act of 1986,23 funded from the
”
isted within the U.S. Code, but this moneys available under section
program is an effort to reinvigorate 36(a) of the State Department Basic
cooperative communication be- Authorities Act of 1956.24
tween the U.S. Department of State category.18 The alien must be eli- Similar to the attorney general,
and alien groups regarding any gible for an award under Title 22 the secretary of state may pay a
knowledge their members may have U.S. Code, Section 2708(a), also reward to any individual who
regarding criminal acts, particularly designated as section 36(a) of the furnishes information leading to—
terrorism. State Department Basic Authorities 1) the arrest or conviction in
The Violent Crime Control and Act of 1956.19 The application must any country of any individual
Law Enforcement Act of 1994 cre- contain evidence establishing the for the commission of an act of
ated a new immigration regulation nature of the alien’s cooperation international terrorism against
establishing an “S” visa, which pro- with the government, the need for a U.S. person or U.S property;
vides for a temporary, and poten- the alien’s presence in the United
tially permanent stay within the States, all conduct and conditions 2) the arrest or conviction in
United States.17 There are two cat- that may constitute grounds for ex- any country of any individual
egories of the “S” visa. The S-1 clusion, and all factors and consid- conspiring or attempting to
visa, is issued to aliens who possess erations warranting favorable con- commit an act of international
“critical reliable information” re- sideration by the attorney general terrorism against a U.S. person
garding criminal activity (emphasis on the alien’s behalf.20 or U.S. property;...
added), who are willing to share The request must be sub- 4) the arrest or conviction in
their information with a U.S. mitted to the assistant attorney gen- any country of any individual
agency or court and whose presence eral (AAG), Criminal Division, aiding or abetting in the
April 2002 / 29
Secretary of State Powell called approve rewards. The secretary of Federal drug law enforcement agent”; 26 U.S.C.
§ 7623 authorizes the secretary of treasury to
the Rewards for Justice Program state has the apparent authority to
pay rewards “for detecting and bringing to trial
“an extremely effective weapon in offer rewards, without a monetary and punishment persons guilty of violating the
the United States’ arsenal to combat limit, to provide an incentive to per- internal revenue laws”; and 28 U.S.C. § 524(c)
terrorism.” David Carpenter, assis- sons with information sought by the authorizes the attorney general to reward those
who provide “information or assistance leading
tant secretary of state for diplomatic United States. Some of those who
to a civil or criminal forfeiture.”
security, added that the reward pro- possess the information have such 3
Pub. L 98-533, Stat. 2706, codified at 18
gram has saved thousands of lives deeply held religious or political U.S.C. § 3071-77.
4
by preempting terrorist attacks. He convictions that no amount of Id. Amended by P.L. 103-359, Title VIII, §
803 et. seq., Oct. 14, 1994, 108 Stat. 3438-39
noted that 22 people have received a money would cause them to contact
(to include acts of espionage) and substituting
total of more than $8 million for U.S. authorities. Consequently, the heading to Chapter 204 from “Rewards for
information over the past 17 years Information Concerning Terrorist Acts” to
“
since the reward program’s enact- “Rewards for Information Concerning Terrorist
Acts and Espionage.”
ment. The program generated infor- 5
18 U.S.C. § 3072 (1984).
mation that led to the arrest of 6
Id. § 3076.
Ramzi Yousef who was convicted The...PATRIOT Act 7
20 Weekly Comp. Pres. Doc. 590 (April
for the World Trade Center bomb- 26, 1984).
ing in 1993.33 State Department
amended the reward 8
Id.
12
18 U.S.C. § 3077(1)(2001).
Id. § 3076.
telephone calls, 600 letters, 1,200 e- paid to an informant. 13
Supra note 1 at Title V, § 501.
mails and 1.2 million hits on the 14
Id. at § (b)(2).
”
Web site.34 15
Id. at §§ (b)(3) and (4).
16
Moreover, in 1990 the Air Dan Eggen, “U.S. Dangles Citizenship to
Entice ‘Cooperators,’ ” The Washington Post,
Transport Association of America A1, November 30, 2001.
(ATAA) and the Air Line Pilots U.S. intelligence community con- 17
Immigration and Naturalization Act §
Association, International (ALPA) tinues to develop its information- 101(a)(15)(S), codified at 8 U.S.C. §
agreed to supplement the rewards gathering techniques and recruit 1101(a)(15)(S) (1994). See also Section
212(d) of the Immigration and Nationality
paid by the U.S. government for in- sources who, notwithstanding their Act, which allows the attorney general to
formation that prevents a terrorist religious or political affiliations, are waive inadmissibility with respect to a
act against U.S. civil aviation or willing to provide confidential nonimmigrant as set forth in § 101(a)(15)(S) if
leads to the arrest or conviction of information in an effort to avoid the attorney general considers it to be in the
national interest.
any person who has committed such attacks on those who cherish free- 18
8 C.F.R. § 214.2(t). The application is
an act.35 Although not a separate dom and provide for its security. made on INS form I-854 accompanied by an I-
fund, this enables the ATAA and 539.
19
ALPA to increase a reward by up to Endnotes
22 U.S.C. § 2708 amended by Chapter
502 in the PATRIOT Act supra note 1; see also
$2 million. 1 § 36 State Department Basic Authorities Act of
Pub. L 107-56, 115 Stat. 272 (2001).
Conclusion 2
18 U.S.C. § 3095B authorizes the attorney 1956 (Pub. L. 885, August 1, 1956), 70 Stat.
general to reward “any individual who assists 890, as amended by The Anti-Drug Abuse Act
Based upon the aforementioned the Department of Justice in performing its of 1988, Pub. L. 100-690, 102 Stat. 4181
statutes, there are sufficient tools function”; 19 U.S.C. § 1619 enables the (November 18, 1988) § 4602 and the
through which confidential infor- secretary of the treasury to pay rewards for International Narcotics Control Act of 1989,
mants can be rewarded for their “information concerning any fraud upon the Pub. L. 101-231, 103 Stat. 1954 (December 13,
customs revenue”; 21 U.S.C. § 881 authorizes 1989) § 13.
information regarding terrorism. the attorney general to pay rewards for 20
Supra note 18 at (t)(4)(i)(C).
The PATRIOT Act empowers the “information which leads to the arrest and 21
Id. at (t)(4)(ii)(B).
president and attorney general to conviction of a person who kills or kidnaps a 22
Id. at (t)(4).
April 2002 / 31
FBI Law Enforcement Bulletin
Call for Authors
Why Should You Publish an Article? or referring to information that generally is not
• Allows you to share your experiences well known. Authors should study several
issues of the magazine to ensure that their
• Provides you with a wider audience writing style meets the Bulletin’s require-
• Increases your credibility ments. Most important, authors should
• Enhances your professional image contact the Bulletin staff for the expanded
author guidelines, which contain additional
• Improves your chances for promotion specifications, detailed examples, and effec-
tive writing techniques.
What Should You Write About? The Bulletin judges articles on relevance
Write about topics that interest you. Write to the audience, factual accuracy, analysis of
about problems that you, your department, or the information, structure and logical flow,
community have solved. style and ease of reading, and length. The staff
Possible Bulletin topics include— edits all manuscripts for length, clarity, format,
• administrative/personnel issues; and style.
• crime problems and solutions; The Bulletin generally does not publish
articles on similar topics within a 12-month
• domestic violence;
period or accept articles previously published
• drugs; or currently under consideration by other
• equipment; magazines. Because it is a government publi-
• ethics; cation, the Bulletin cannot accept articles that
advertise a product or service.
• environmental crimes;
• firearms; How Do You Submit an Article?
• future of policing; • Send a query letter and short outline or
• information resources; • Submit a completed manuscript to—
• investigative techniques; Editor, FBI Law Enforcement Bulletin
FBI Academy, Quantico, VA 22135
• juveniles; Telephone: 703-632-1952
• leadership/management concerns; E-mail: leb@fbiacademy.edu.
• negotiation/interviewing skills; The Bulletin staff will review queries and
• police-community relations; articles and advise the authors of acceptance
or rejection. The magazine cannot guarantee
• technology; and
a publication date for accepted articles.
• training. Authors should submit three copies of
their articles typed and double-spaced on
How Do You Write an Article? 81/2- by 11-inch white paper with all pages
Authors should write in third person and numbered. When possible, authors should
use active voice. They should supply references include an electronic version of the article
when quoting a source exactly, citing or saved on computer disk. A photograph of the
paraphrasing another person’s work or ideas, author(s) should accompany the article.
Official Business
Penalty for Private Use $300
Patch Call
The Idaho State University Public Safety patch is The patch of the Keene, New Hampshire, Police
an extension of the Idaho State University logo as Department depicts the First Congregational Church,
outlined in the rectangle. The hills in the logo depict a landmark of the city, erected in 1786. The city of
those on the West Bench of the city of Pocatello, as Keene was designated as an All American City in
seen through the tall, narrow windows of the 1965 and has been recognized as a Tree City USA by
university’s fine arts building. The centennial refer- the National Arbor Day Foundation each year since
ence signifies the agency’s contribution to the cel- 1979.
ebration of the university’s centennial.