THE INITIAL INCIDENT

Last summer, almost 150 cities experienced some form of civil disorder. Most remained minor disturbances, effectively controlled by the local police and civil authorities. In some cities similar incidents led to serious disorder. Why?

Testimony and evidence studied by the Commission point to the preeminent role of police reaction to the initial incident. How the police and the community respond to and deal with such incidents may well determine whether they remain relatively minor police problems or balloon into major disorders.

INITIAL POLICE RESPONSE

When police receive word of an accident, fight or similar incident, a patrolman is routinely sent to the scene. He is called on to exercise technical and professional skills at which he is practiced-investigation, individual control and perhaps arrest. Infrequently, he may have to call for assistance. In any event, his judgments, while important, normally have an impact only on the immediate participants.

In the densely populated ghetto, however, particularly when summer heat drives many residents into the streets, even the most routine incident may call for far more than a technical assessment. The responding officer's initial judgment here is critical in two respects. First, it will guide his own conduct. Second, it will guide the response of his superiors. What orders, if any, should they give him? What help should they send if he asks for help? An assessment of this sort may be difficult for the best-informed officer. What makes it even more difficult is that police often do not know what to expect when they respond to incidents in ghetto areas where virtually all the 1967 disorders occurred.

tant General of Maryland and former Police Commissioner of Baltimore.

In addition to the testimony and reports received on the cities studied by the Commission which had experienced disorders, the Commission drew upon the valuable information and material furnished by the Boston, Chicago, Cincinnati, Kansas City, Los Angeles, New York City and Oakland Police Departments. Valuable guidance also was provided by Colonel Orlando W. Wilson, until recently Superintendent of Police of Chicago and formerly Dean of the School of Criminology, University of California.

The Commission also was assisted by material made available by the Federal Bureau of Investigation and its pamphlet, "Prevention and Control of Mobs and Riots," related reports by the Crime Commission and information supplied by the Office of Public Safety, Agency for International Development. The Commission also received the active cooperation and assistance of the Department of Defense and in particular from the special Army task force established in the Office of the Deputy Chief of Staff for Military Operations to study and make recommendations relative to the role of the Army and National Guard in controlling civil disorders.

Five factors, often inseparable, recurred in the major disorders of last summer: (1) crowded ghetto living conditions, worsened by summer heat; (2) youth on the streets; (3) hostility to police; (4) delay in appropriate police response, and (5) persistent rumors and inadequate information.

On hot summer nights, the front steps and the street become a refuge from the stifling tenements of the ghetto. Detroit's 12th Street, New Haven's Congress Street and the grim public housing blocks of Newark illustrate how ghetto streets come alive with people, especially on summer nights and weekends, when many of the disorders of 1967 began. The people on the streets invariably include a very high proportion of youth.

It takes little to attract a crowd in this setting. Making an arrest is a routine matter to many police officers. In the ghetto, it can draw a crowd instantlyquick to misunderstand, quick to characterize the po

lice action as unfair, quick to abandon curiosity for anger.

Crowded ghetto living conditions and youth on the streets-the first two factors cannot be remedied by the police. But the police must take these conditions. into account in assessing even the most routine ghetto incident. Every police officer responding to a call in tense, heavily-populated areas must be sensitive to tension situations. Here more than in any other type of police duty, the individual officer must exercise good judgment and common sense. The Chicago Police Department issued the following training bulletin to all its personnel:

Preventing civil disorders is always easier than suppressing them. The police officer, by disciplining his emotions, recognizing the rights of all citizens and conducting himself in the manner his office demands can do much to prevent a tension situation from erupting into a serious disturbance."

There are, however, steps police can take to eliminate or minimize the effects of the remaining three factors.

In the preceding chapter, we have already discussed the factor of hostility to police. As for delay, sufficient manpower is a prerequisite for controlling potentially dangerous crowds; the speed with which it arrives may well determine whether the situation can be controlled. In the summer of 1967, we believe that delay in mobilizing help permitted several incidents to develop into

CONTROL CAPABILITIES

dangerous disorders, in the end requiring far more control personnel and creating increased hazards to life and property.

Rumors significantly aggravated tension and disorder in more than 65 percent of the disorders studied by the Commission. Sometimes, as in Tampa and New Haven, rumor served as the spark which turned an incident into a civil disorder. Elsewhere, notably Detroit and Newark, even where they were not precipitating or motivating factors, inflaming rumors made the job of police and community leaders far more difficult. Experience also has shown that the harmful effect of rumors can be offset if police, public officials and community leaders quickly and effectively circulate the facts.

An innovative method is that of a "Rumor Central" an office responsible for the collection, evaluation and countering of rumors which could lead to civil disorder. To be most effective, such units might be located outside police departments. In any event, they should work closely with police and other public officials.

In addition to the problem of rumors incident to disorders, the police are often handicapped by the lack of adequate, reliable information. An effective police intelligence unit trained and equipped to gather, evaluate, analyze, and disseminate information is needed to rectify this deficiency.

on duty during the peak 4 p.m. to midnight watch, when nearly all the riots studied by the Commission began. For example, a city like Cincinnati, with a population of about 500,000 and an area of 77 square miles, would normally have fewer than 100 uniformed policemen available if trouble broke out. A city like Peoria, Illinois, with a population of about 100,000, would have fewer than 25 uniformed patrolmen on hand.4

Dispersal is also a factor. Normal police operations require personnel to be distributed over the entire geographical area of a city. When disorder breaks out, the task of mobilizing all available manpower is enormous. The police administrator must weigh the

The "Rumor Central" unit is discussed in the Supplement on Control of Disorder, at p. 269.

The majority of American cities between 50,000 and 100,000 population have less than 100 policemen. Of those with over 100,000 population, 71 percent have less than 500 policemen. Only 19 cities have more than 1000. As suggested by the cited figure of 13 percent manpower available, these figures are deceptively reassuring. Considering three shifts, days off, vacations and sick leave, five men are required to keep one police post manned 24 hours a day. In addition, manpower for regular police services like administration, records and detective work must be taken into account.

need for police to control the riot against the risks of leaving vital areas of the city without police protection.

It is apparent that most American cities would not have enough policemen quickly available to assure control in the event of a sudden large disorder. A high premium must hence be placed on the capability to prevent disorders or to contain them before they develop into serious proportions.

TRAINING

Despite the obvious importance of well-trained police in controlling disorder, the Commission survey of the capabilities of selected police departments disclosed serious deficiencies. For example, riot-control

training is primarily given to recruits. This averaged 18 hours for the departments surveyed, ranging from 62 hours to only 2. Little additional training is provided for command-level officers. In contrast, the National Guard now receives a minimum of 32 hours of riot-control training under new U.S. Army regulations, and National Guard officers receive 16 hours of command training for disorder situations.

The deficiencies in police training for disorders are magnified by the fact that standard police training and operations differ radically from training needed. for the control of riots. Traditional training and emphasis have been on the individual policeman. His routine duties involve isolated incidents and dealings with small numbers of people at one time. The nature of his work-riding or walking mostly alone or in pairs-means that he has considerable individual discretion.

The control of civil disturbances, on the other hand, requires large numbers of disciplined personnel, comparable to soldiers in a military unit, organized and trained to work as a team under a highly unified command and control system. Thus, when a civil disturbance occurs, a police department must suddenly shift. into a new type of organization with different operational procedures. The individual officer must stop acting independently and begin to perform as a member of a closely supervised, disciplined team. Our survey disclosed that training in practically all departments is limited to the individual.

Last year's disorders demonstrated that the control problems encountered were different from those for which riot-control training had been designed. Violence often involved small groups and hit-and-run tactics. Except in the later stages of the largest disorders, the crowds included large numbers of spectators not active in looting or destruction. Since they were mostly residents of the area, dispersal alone was futile. As a result, training in conventional riot-control formations and tactics, designed primarily to control and disperse mobs, was often inapplicable and ineffective.

Few departments have the resources and expertise to provide adequate and relevant training for control of serious disorders. We discuss this problem in greater detail in our Supplement on Control of Disorder, and set forth additional recommendations.

DISCIPLINE AND COMMAND

As the Riot Profiles in the opening chapter of the Report have shown, discipline of the control force is a crucial factor. Officers at the scene of a ghetto disorder are likely to suffer vilification, and to be the targets for rocks or bottles. Nevertheless, police discipline must

Cambridge, Md., July 1967

be sufficiently strong so that an individual officer is not provoked into unilateral action. He must develop sufficient confidence in himself and his fellow officers to avoid panic or the indicriminate and inflammatory-use of force that has sometimes occurred in the heat of disorders. Discipline of this sort depends on the leadership of seasoned commanders and the presence in the field of sufficient supervisory officers to make major decisions.

The ability of police commanders to maintain command and control of units at the scene of disorder is severely handicapped by deficiencies in police communications. Police departments usually can communicate with their personnel only through radios in police vehicles. Once the officer leaves his police car or motor

have enough men and control equipment available to carry out effectively whatever tactics are necessary and appropriate according to the dictates of sound judg

ment.

Tactical operations are dealt with in the Supple

THE USE OF FORCE

JUSTIFICATION OF DEADLY FORCE

There are at least three serious problems involved in the use of deadly weapons in a civil disorder. The first is the risk of killing or wounding innocent persons-bystanders or passersby who may in fact be hundreds of feet away when a shot is fired.

The second is the justification for the use of deadly force against looting or vandalism. Are bullets the correct response to offenses of this sort? Maj. Gen. George Gelston told the Commission: "*** I am not going to order a man killed for stealing a six-pack of beer or a television set." Instead, he said, a nonlethal tear gas can stop any looting.

The third problem is that the use of excessive forceeven the inappropriate display of weapons-may be inflammatory and lead to even worse disorder. As the FBI riot-control manual states:

The basic rule, when applying force, is to use only the minimum force necessary to effectively control the situation. Unwarranted application of force will incite the mob to further violence, as well as kindle seeds of resentment for police that, in turn, could cause a riot to recur. Ill-advised or excessive application of force will not only result in charges of police brutality but also may prolong the disturbance. Such counsel with respect to disorders accords with the clearly established legal and social principle of minimum use of force by police.

The major difficulty in dealing with all these problems, however, is the limited choice still presented to police in mass disorders: to use too much force or too little. The police who faced the New York riot of 1863 were equipped with two weapons a wooden stick and a gun. For the most part, the police faced with urban disorders last summer had to rely on two weapons a wooden stick and a gun.

Our police departments today require a middle range of physical force with which to restrain and control illegal behavior more humanely and more effectively.

ment. Specific riot-control tactics are discussed in the Model Operations Plan, described in the Supplement, which has been prepared for separate distribution to police departments.

are inhibited from using even the new tools which have been developed. The second is that the improvement and perfection of these tools are proceeding far too slowly.

As pointed out in the Supplement, fear of public reaction and other policy considerations have tended to inhibit police use of nonlethal chemical agents in civil disorders. The U.S. Army, on the other hand, relies heavily on the use of CS, a chemical agent, for controlling riots. The Army has found it to be both much more effective and safer than the more traditional tear gas, CN. The use of CS is prescribed in the standard military sequence of force prior to the em