How Use of Force Laws Keep Us Safe

Since the Charleena Lyles Inquest, we have been asked, “Will the state legislative changes from 2021 requiring de-escalation make a difference?”

When Ms. Lyles was shot in June 2017, there was no law requiring de-escalation, and the I-940 had not yet changed the criminal standard to hold officers accountable. She called police during a crisis and was alleged to have been holding a paring knife. She and her unborn child were killed by police. 

In February 2019, 16 year old Clayton Joseph, was killed by Vancouver Police. Clayton had recently moved to Washington state from Micronesia. Clayton came outside to break up an argument and had a knife. An officer arrived on the scene, saw the knife, and quickly shot and killed him.

In 2021, the Washington Coalition for Police Accountability advocated to pass HB 1310, a law that governs if, when, and how officers across the state can use force and changed the standard for using deadly force. The law was intended to change outcomes, to reduce the likelihood of another Charleena or Clayton. Four of the requirements in particular stand out.

First, physical force  must be “necessary,” a limit that didn’t exist prior to the law. Necessary means there was not “a reasonably effective alternative to the use of physical force or deadly force” and the “type and amount of physical force or deadly force used is a reasonable and proportional response.”  

Second,  an officer may use deadly force “only when necessary to protect against an immediate threat of serious physical injury or death.” To be “immediate” the person must have “the present and apparent opportunity, ability, and intent to immediately cause death or serious physical injury.” This shifts away from the possibility that someone can cause harm and requires an intent to cause harm.

Third, the officer must use reasonable care. This includes when possible “use all de-escalation tactics that are available and appropriate” before using force, use the least amount of force necessary to overcome resistance, and stop using force as soon as the necessity ends.

Fourth, in deciding whether to use force, the officer must consider the characteristics and conditions of the person. This includes whether they display signs of mental, behavioral, or physical impairments or disabilities, whether they are a minor, or whether they are visibly pregnant or state that they are pregnant.

Under HB 1310 the AGO was directed to adopt model policies, which they issued on July 1, 2022. The AGO model policies on use of force puts a focus on the importance of decision making and de-escalation.

For more information on this framework, see Model Use of Force Policy.