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Date: April 16, 2024 Tue
Time: 6:00 pm
Time: 6:00 pm
Results for chokeholds
1 results foundAuthor: New York City Civilian Complaint Review Board Title: A Mutated Rule: Lack of Enforcement in the Face of Persistent Chokehold Incidents in New York City Summary: For more than 20 years, the NYPD Patrol Guide has prohibited the use of chokeholds, relying on a Police Department rule that unequivocally forbids any pressure to the neck, throat or windpipe that may inhibit breathing. This rule was plainly intended to prohibit all chokeholds. As defined, chokeholds, though not illegal, are unambiguously prohibited by Department policy. This report reveals that officers have continued to perform chokeholds and, based on the complaints the CCRB received from the public, the use of chokeholds appears to be increasing despite the Patrol Guide prohibition. It also reveals that this crystal clear prohibition has been degraded over the course of the last decade. Put simply, during the last decade, the NYPD disciplinary decisions in NYPD administrative trials of chokehold allegations failed to enforce the clear mandate of the Patrol Guide chokehold rule. In response to these decisions which failed to hold offending officers accountable, the CCRB and NYPD Department Advocate's Office failed to charge officers with chokehold violations pursuant to the mandate of the Patrol Guide chokehold rule. In essence, in their respective charging decisions, the CCRB and the Department Advocate redefined a "chokehold" to require force to the neck during which an officer actually and substantially interfered with a complainant's breathing rather than "pressure" to the neck which "may" interfere with breathing. In this respect the chokehold rule "mutated" to adapt to the NYPD disciplinary process, rather than the disciplinary process following the NYPD rule. This pragmatic redefinition of the rule in response to the NYPD's systematic refusal to impose discipline in all but the most severe chokehold cases, evolved into an unwritten, much less protective definition: actual and sustained interference with breathing was substituted for the Patrol Guide's clear and unequivocal prohibition of any pressure to the neck which "may" inhibit breathing. In essence, inadequate disciplinary practices transplanted the heart of the chokehold rule during a period in which, as the number of chokehold complaints suggests, chokehold incidents were increasing. The NYPD's blanket prohibition of chokeholds should be restored and uniformly enforced. Details: New York: The Civilian Complaint Review Board, 2014. 155p. Source: Internet Resource: Accessed May 24, 2018 at: Lack of Enforcement in the Face of Persistent Chokehold Incidents in New York City Year: 2014 Country: United States URL: Lack of Enforcement in the Face of Persistent Chokehold Incidents in New York City Shelf Number: 150359 Keywords: ChokeholdsCitizen ComplaintsPolice AccountabilityPolice BrutalityPolice DiscliplinePolice Use of Force |