Gun-violence Restraining Orders

firearm-revolver-bullet-gun-53219.jpegWESTBOROUGH, MA APRIL 8, 2018 Restraining orders in cases of domestic violence have been around for decades or longer. At times people require formal court orders of protection from those who might bring forth violence to loved ones.  I have personally written over 50 requests for protection of a victim of domestic violence.  Most of these are temporary order issued by an on-call judge who listens to police officer statements over the telephone.  They are usually granted and valid through the next court day – generally within 48 hours.  The problem is that after the 48 hours is up the conflict between intimate partners has been long forgotten resulting in a waste of police resources and an irritated district court judge. Obviously this is not always the outcome.
In Massachusetts, the MGL 209-A covers orders of protection and its legal underpinning. Section 3B in MGL 209-A requires the removal of firearms from those with active RO’s taken out against them.  As many as 50 percent of restraining orders (RO’s) also called protection from abuse orders (PFO’s) are continued because the victim showed up at court and testified as to the protection she believes is needed and fear she feels living with her intimate partner.  These are not new and the complaints and dysfunction among intimate partners is a continuous drain on LEO resources.
Calls for service because of domestic violence are frequent.  Police officers are often asked to keep the peace at times when violence has occurred.  Arrests are mandatory when physical injury has occurred.  At this point police are required to remove the violent spouse and offer protection from further abuse to the victim and her family.  When RO’s are granted there is a growing belief that guns should be taken from subjects against whom RO’s are granted.  Experts say these GVRO laws are modeled after domestic-violence restraining orders that also authorize police to take away guns from people who pose threats to their partners, but with safeguards.
“Ensuring the mental wellness and health of first responders has long been an under appreciated task for the heads of police agencies. U.S. law enforcement has learned from tragic events over the years and now trains to respond to threats with the best equipment and practices known today. However, many chiefs are not prepared to deal effectively with the intense scope and unanticipated duration of the aftermath of these events, and many chiefs are unaware of the impact such events will have on their communities and the officers in their agencies.”
“These red-flag laws are a possible solution because they’re an intermediate step between doing nothing and trying to involuntarily hospitalize an individual,” said Christopher Slobogin, a law professor at Vanderbilt University.
“While LEO’s may be more resilient, law enforcement officers also quietly deal with an outsized share of our society’s violence and death. As a result, too many officers struggle with alcoholism, post-traumatic stress disorder, and depression.”
“You can’t just call up law enforcement and say this person that I’m mad at is a danger to me, it is not possible without judicial oversight,” said April Zeoli, a professor who studies domestic violence at Michigan State University. Her research shows these restraining orders reduced intimate partner violence by 13%.
“Research data provide strong evidence supporting the effectiveness of emotional fitness training to enhance resilience, positive emotions, cognitive flexibility, and emotional well-being, and more importantly, they strengthen professional pride and organizational commitment” according to Tung Au, et.al. in the Journal of Police and Criminal Psychology in 2018.
Felons, the dangerously mentally ill, perpetrators of domestic violence – these people have demonstrated their unfitness to own a firearm” David French, 2018
Supporters say the “red flag” measure—also known as a gun-violence or extreme-risk protection order—offers a way to address a legal conundrum: how to take action against people perceived as an imminent threat to themselves or others, but who haven’t done anything illegal.

Au, W.T., Wong, Y.Y., Leung, K.M. et al. J Police Crim Psych (2018). https://doi.org/10.1007/s11896-018-9252-6
French, D. A (2018) Gun Control Measure Conservatives Should Consider. National Review, February 2018
Kamp, J. and Mahtani, S. (2018) States Consider Laws Allowing Courts to Take Guns From Dangerous People  ‘Red flag’ measures are gaining ground after Florida high school shooting. Wall Street Journal
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On Police Identification of the mentally abnormal

How to recognizeWestborough, MA March 28, 2018 The police-mental health interaction continues to be one that neither party exhibit great confidence nor take great pride in.  Myths abound about how to treat those so afflicted – especially among law enforcement personnel. I have provided classes for LEO’s and generally they are not well attended and tend to bore the average officer. In Maine, LEO’s are required to have regular training in working with the mentally ill in order to maintain their LEO credentials. Other states in New England have similar requirements and now focus on psychological first aid and deescalation protocols.  I have presented on topics of assessment of risk and dangerousness with some success.  In- service training must be short and to the point or students will quickly lose interest.
The photograph above shows the cover of a guide book first written in 1954 that was instructional for police officers.  It was written to teach the law enforcement officers of the day to recognize signs of mental illness then defined as “abnormal people”.  It was written by 2 Louisiana State University psychologists and first used by a police agencies in the late 1950’s.  I have been trying to find a copy of this early version that was re-published in 1979 and now costs over $100.  It was written because police officers needed training and experience identifying features of psychiatric emergency. This was thought to reduce the uncertainty, fear and confusion around handling these cases by providing education including signs and symptoms.
After nearly 60 years, law enforcement is not significantly closer to understanding the mentally ill than they were in 1954. A colleague police psychologist Leo Polizotti, Ph.D. has an original copy of this booklet although I have not seen it as yet.  Dr. Polizotti provides consultation to law enforcement, officer selection interviews, and teaches a proactive approach psychological resilience to police officers that can afford them greater career satisfaction, professionalism, and longevity. Dr. Polizotti is tasked with supporting officers who are exposed to the daily grind of violence, suicide, homelessness, and its cumulative impact on a cop’s personal narrative.  His model suggests a fundamental change in how police officers interpret their experiences over time and acceptance of what cannot change and healthy adaptation.  He is a great asset to the Central Massachusetts community and across New England and espouses a model of stress resistance through adaptation.
“In 1954, the National Association for Mental Health first issued the book “How To Recognize and Handle Abnormal People: A Manual for the Police Officer.” Included were techniques on dealing with all kinds of “abnormal persons,” from psychopaths, drug addicts, and the “mentally retarded” to civil protestors and those involved in family disturbances.”  Posted by David Pescovitz, 2015
Text from 1954 How To Recognize and Handle Abnormal People: A Manual for the Police Officer is provided below.  It points out many of the outward signs of disturbed thinking often an underlying feature of those with mental illness – in this case something called ideas of reference. These signs are common among persons with early paranoia and are sometimes missed – even by members of the immediate family. This is still a common symptom of mental illness today and is considered to be the prodrome to a more serious loss of contact with reality. Ultimately, it comes down to who is at more risk for violence?  And how can we be sure?
It takes a healthy and educated police officer to observe, understand, and control unpredictable situations. Officers are required to adapt to the demands of individual calls for service.  A colleague Dr. Leo Polizotti has identified a model for coping with the strain of police service.  He cites the importance of avoiding apathy, withdrawal and bitterness on the job.  “Understanding the 3 C’s of hardiness, Challenge / Commitment and Control will assist officers to manage stress more effectively, resulting in fewer emotional and medical problems. By viewing each new situation as a challenge, instead of a threat, you become committed to that challenge. You can readily see yourself in control and better able to deal with the situation. You will enhance your “hardiness” or resistance to stress” Polizotti, 2018.   
“He may think, for example, that announcements made over the radio have something to do with him personally. He may even hear his name mentioned. These are called ideas of reference which, of course, means that the patient thinks people are referring to him in one way or another. In the beginning, ideas of reference may occur only occasionally, but they gradually become the rule rather than the exception, and finally they may develop into definite delusions of persecution or grandeur.”
The list below are the signs of “abnormal persons” that are printed in the booklet published in 1954:
  • He shows big changes in his behavior.
  • He has strange /losses of memory, such as where he is or what day it is.
  • He thinks people are plotting against him, or has grand ideas about himself.
  • He talks to himself or hears voices.
  • He thinks people are watching him or talking about him.
  • He sees visions or smells strange odors or has peculiar tastes.
  • He has complaints of bodily ailments that are not possible.
  • He behaves in a way which is dangerous to himself or others.
Interestingly, the bullet points above remain accurate today with the understanding that too many individuals suffering with a major mental illness also have substance abuse/dependence.  It is this fact that confounds most LEO – mentally ill encounters.  “Beyond the rigors of police work, lie the demands of a personal life, specifically a wife or husband and children. Maintaining a healthy and happy family life is on its own a demanding responsibility. Add these powerful life stressors and demands to the burdens of police work and  an officer may begin to feel the weight upon his or her shoulders.” Polizotti, 2018.  Emotional and physical strength and endurance requires hardiness that comes from personal responsibility and comittment to excellence and peak performance.  Greater focus on sobriety – including opioid and alcohol dependence is essential. If this can be maintained mental illness may remit to the extent that subjects can remain in the community. Programs like A.A., N.A., and other 12-step groups are free and often afford subjects great support.  In most cities there are 12-step meetings every day morning, noon and night.  The problem is getting people to realize they have a problem.  Even airports hold A.A. meetings for travelers in need of the 12-steps. We are working on a replacement manual like the one cited in this post.


Polizotti, L. (2018) Personal Life Demands. Presentation – Direct Decision Institute.
How To Recognize and Handle Abnormal People: A Manual for the Police Officer (1954) Matthews, R. M.D. and Rowland, L. Ph.D. NATIONAL ASSOCIATION FOR MENTAL HEALTH, INC. 10 COLUMBUS CIRCLE, NEW YORK 19, N. Y.
65c

Profiling a package bomber

OKC bombing
 

Alfred P. Murrah Federal Building in downtown Oklahoma City

 

WESTBOROUGH, MA March 22, 2018 The recent spate of explosive attacks on apparently random victims continues as of this blog post.  People around the world are speculating about the psychological underpinning of a person or persons who can create a bomb and deliver it to some intended victim without being caught.  The explosion at the FedEx depot is something new as compared to the first 4 blasts.  So far 2 victims have been killed by the bombs.  The initial victims were African-American and Latino raising the specter of the bombs being a hate crime.

What does the bomb say about the bomb maker? Bomb construction thought to be a characteristic of underlying ideology and may be linked to motivation.  Certainly explosive devices range in their level of technology and sophistication.  In 1995 Timothy McVeigh created a powerful bomb made out of a deadly cocktail of agricultural fertilizer, diesel fuel, and other chemicals that killed 168 people at the Murrah Federal Building in OKC including many children at a nearby pre-school.

The type of bomb in Austin, TX has not been described by police or federal agents but the frequency of the attacks is unprecedented.  It may suggest that more than one individual is working to produce the explosives and make deliveries or the devices were constructed to stockpile before deliveries were made. The bomber likely lives alone or has a shop where the devices and their components are stored for assembly. His keen interest is in making people afraid and keeping a city in lock down. McVeigh was a former munitions soldier in the Army and may have learned his technique in the process of training with the U.S. Army.

If the Austin devices are the work of a single serial bomber than the frequency and recent change in method of detonation raise the bar in terms of sophistication of delivery but the risk of being caught or making a mistake may also be accentuated.  The police chief in Austin reportedly said that by using FedEx for shipping the explosive the likelihood of capture in short order was increased. An image was obtained of a man at FedEx that eventually became a person of interest.

The person who is behind this seige is likely an angry and detached with few friends.  Being marginalized lends both to his stealth and fuels his anger and resentment.  He may be suicidal and ultimately he final blast is to be part of his exit plan. He quite likely enjoys the sadistic control and media attention he is getting.

The fact that there are so few deaths – versus a massive splash event is not quite clear.  It speaks to ambiguous planning and perhaps unclear motive and may signal the growing disorganization associated with his terminal event. Additional personality features are uncovered with each action.  These are kept from the public domain.  My analyses are conjectural.

Michael Sefton, Ph.D.

The signs were there: What triggers were missed on another mass shooting

WESTBOROUGH, MA March 1, 2018 There is a fine line between civil liberties and the need to keep Americans safe. As of now that line has not been crossed in terms of built-in protections from those who are most dangerous to society. But when someone who thinks he is being commanded by the neighborhood beagle to murder young lovers as Son of Sam serial killer David Berkowitz did in the 1970’s – can remain free to ply on his dangerous delusions? Berkowitz was a more obvious case of psychotic behavior and violence although ultimately he was found guilty of murder.
“The specter of mental illness insures a convenient scapegoat” Michael Sefton, 2013
Have we have lost site of what it means to deal with mental illness and keep people from being victimized because of a threat to the civil liberties of the mentally ill?  No. Everyone deserves due process but those with a proclivity toward gun violence who have expressed an intent to murder should be afforded closer scrutiny and be kept from having access to firearms. In some cases they must be contained as a means of keeping potential victims and the greater society safe.
It will be interesting to see the psychological profile that emerges moving forward although as of this posting authorities in Broward county are negotiating a guilty plea and when that is signed off we will not hear about him again – until he is lost in prison, or the next murderous episode is recorded. The local district attorney has hinted he may seem the death penalty for the perpetrator of the despicable actions taken one month ago in February, 2018.
“Civil liberties that have historically ended in mass homicide must no longer be “civil liberties” to any degree. That includes owning guns, knives, poison and baseball bats. People without criminal intentions and such homicidal hang-up’s tend to worry not about “civil liberties””.  Brian Gagan 2018
How can we not collect data on someone seeking information on proclivities toward violence?  Every time I shop on-line I receive hundreds of pop up ads for similar products I may like. On Saturday February 17th, CNN’s Michael Smerconish asked the question “would it not be possible to have a similar technology for data mining that looks for proclivities toward violence and capture their social media footprint” of those who might do us harm? There are algorithms used to track people’s on-line shopping behaviors why can’t there be the same data mining to bring forth those looking for weapons, those buying ammunition – as in the case of the Las Vegas shooter, and those who express their desire for committing mass murder via You Tube video’s, Facebook posts, Twitter, or any of the other regular social media platforms. In review of Cruz social media presence there were several red flag warnings of his intentions that were missed.

WHAT ARE TRIGGERS FOR VIOLENCE?


There are always triggers for violence, we believe, that sets a plan into action.  So far these have not been disclosed In the ongoing investigation. Triggers differ from case to case.  Triggers can be sudden emotional loss or overwhelming humiliation that is unbearable to a potential assailant. Triggers may also be the result of months or years of festering emotional baggage that explodes after some relatively benign insult such as being denied a date to the prom or loss of employment.
The red flags were well noted in his pre-incident behavior. The FBI had specific and detailed warnings about Cruz. He had been expelled from the Parkland, Florida high school because of violent behavior and threatening other students. He was sent to an alternative school about which we have learned very little. Outwardly, Cruz was living in the fringe of humanity and was known to be an angry violent person. Media reports indicate 29 visits to the Cruz household by county law enforcement officials because of conflict and fighting with adoptive parents – both of whom are now dead. Upon initial review, after his mother died in November, Cruz had been living with a family who offered to take him in after she died suddenly of pneumonia. His father had passed away several years earlier of a cardiac issue.
Certainly the death of his adoptive mother may have been an emotional catalyst – if she were important in his psychological life. Perhaps she shaped his fragile inner narrative sufficiently to delay this emotional maelstrom by  providing a positive sense of self -worth. It is not yet known. But it was Cruz who fired the weapon. The evil was in him not the firearm. More will become known about the Cruz family and his adoption in the coming months. So few of these perpetrators of mass homicide survive. Moving forwsrd,  I would suggest accessing police reports under the freedom of information act and see yourself what police were dealing with.
I will say that there are Nikolas Cruz copycats everywhere and we should be on guard for them – as I try to be here in Boston. In Florida, persons suspected of having mental illness may be held under the Baker Mental Health Act allowing for involuntary psychiatric exam. All states have this mental health protocol but too often law enforcement officers are not trained to make these determinations or are concerned about litigation. This is training I want to see begin to become part of the academy training for career law enforcement officers. The “see something – say something” adage may be a jump-start toward better control over individuals who brandish ideas of violence and broadcast their underlying emotional slippage on social media. These persons should have no access to firearms.

WHAT NOW?


“There is broad conceptual agreement that regardless of whether you view gun ownership as a right or a privilege, a person can demonstrate through their conduct that they have no business possessing a weapon. Felons, the dangerously mentally ill, perpetrators of domestic violence — these people have not only demonstrated their unfitness to own a weapon, they’ve been granted due process to contest the charges or claims against them.  David French in National Review 2018
There must be a mechanism put into place for the fluid containment of individuals who pose high risk such as the individual who pulled off this despicable event. As you see from the quote above, David French published an article in the National Review and proposed a gun violence restraining order (GVRO) that would preclude those most dangerous from owning, buying or having access to guns. Nikolas Cruz was on the fringe for a long time – perhaps his entire adoptive life. It may ultimately come down to an attachment disorder as an underpinning for his terminal rage triggered by loss and powerful resentment toward his adoptive parents and school authorities who expelled him into social and emotional oblivion. His prior behavior, mental health hospitalization, and active threats on social media posts would have likely
Cruz

Nikolas Cruz at arraignment in February 2018

 

made him an unsuitable gun owner.  According to David French, senior writer for the National Review, “the concept of the GVRO is simple, not substantially different from the restraining orders that are common in family law, and far easier to explain to the public than our nation’s mental-health adjudications. Moreover, the requirement that the order come from people close to the respondent and that they come forward with real evidence (e.g. sworn statements, screenshots of social-media posts, copies of journal entries) minimizes the chance of bad-faith claims.” in National Review on February 16, 2018. When such a data set is discovered by family, friends, other students, teachers, etcetera a court mandated mental health assessment and the gun violence restraining order may be issued.  California has used a system of GVRO enactment since 2014 with success. In 2016 over 80 such restraining orders were issued. In the case of Nikolas Cruz, he was thought to be the “most likely” student to initiate a school shooting according to multiple students interviewed after the shooting last week.  
The correlation between mental illness and violence is quite weak. Myths seem to exist that the mentally ill are prone to violent behavior and this is not supported in reality. Dr. Jonathan Metzl, director of the Center for Medicine, Health and Society at Vanderbilt University, said that these mass shootings highlight Americans’ desire to reaffirm a stigmatization of the mentally ill as “ticking time bombs” to avoid more difficult conversations about gun violence according to Phil McCausland reporting for NBC News.  I find it extremely important and compelling that Nikolas Cruz is alive today rather than among those sleeping in the morgue in Broward county. Most serial killers have taken their own life at the culmination of the terminal event and just prior to succumbing to the police active shooter response. Perhaps, one day in the distant future, Cruz will give up his secrets to an unsuspecting correction officer with just the right stuff to earn his trust.  If such a person exists.

French, D. (2018) A Gun-Control Measure Conservatives Should Consider. National Review, February 16, 2018; https://www.nationalreview.com/2018/02/gun-control-republicans-consider-grvo/
Sefton, M. (2013) The Myth of mental Illness and school shooting.  http://enddvh.blogspot.com/2013/03/the-myth-of-mental-illness-and-school.html Taken February 19, 2018
Gagan, B. (2018) Personal correspondence

Analysis of Facts helps Reduce Harm to victims of DV

DOMESTIC VIOLENCE REVIEW BOARDS
WESTBOROUGH, MA  January 5, 2018 As we begin to make program recommendations for reducing intimate partner violence it is worth noting that change comes very slowly in protecting those who are most at risk. There is still a paucity of protective measures in place to assess and contain those who are most violent in our society. Retired New Braintree Police Sergeant Michael Sefton was in Augusta, Maine in October 2011 providing testimony about the results of the psychological autopsy conducted by Michael Sefton, Ph.D. Brian Gagan of Scottsdale, AZ, and Ron Allanach, Ed.D. of Conquitlam, BC, Canada and former Chief of Police Joseph Laughlin of Portland, ME.  Dr. Sefton, who holds a doctorate in psychology and is a licensed psychologist provider in Massachusetts provides neuropsychological and forensic consultation on domestic violence including domestic violence homicide and assessment of risk.  The report that was filed came up with over 50 recommendations directly related to reduced intimate partner violence. The report was cited over 12 times in a recent Maine Law Review publication on proposed Conditions of Bail. Little has changed in Maine since our first report in 2011 and there is no leadership to bring forth legislative dialogue.
PUBLIC INFORMATION
The testimony provided to the domestic violence review board offered details about a hideous case of family violence that ended with the homicide of 4 members of the same family and was culminated by an attempt to burn the bodies after the murders and the killer shooting at police officers responding to the missing victim. But they were too late. Their research was conducted over a 3 month period following the homicide deaths of Amy Lake and her children.  The team conducted interviews with over 60 persons with direct knowledge of Amy Lake, the victim, her two children, Monica and Cody, and the murderer Steven Lake.

Maine Law Review

“Although Maine’s statute lists these prohibitions, it lacks the enforcement tools to protect victims against violence associated with guns and other weapons, which is a major factor in Maine’s domestic violence deaths.” Nicole Bissonnette, 2012
HIGHEST RISK
Most researchers agree it is nearly impossible to predict when DVH will occur.  However, the psychological autopsy provides many obvious red flags that offer clues to an impending emotional conflagration or explosion of anger and blame.  The problem in the 2011 case was two-fold.  First, the requirement for bail was not seriously considered because Lake had no criminal history – and yet Mr. Lake had demonstrated an unwillingness to adhere to the legal mandates of the order of protection and violated the court order at least 4 times over the year before he killed his family. Given this unfettered lack of personal control, he should have been held for a hearing of potential dangerousness.  And secondly, the cache of firearms that Lake was known to have kept was not surrendered to police nor was an effort made to obtain the 22 weapons Lake owned by members of law enforcement. No one thought the guns would be an issue.
Many believe that when the victim indicates a strong fear belief that her spouse intends to kill her that risk of DVH is elevated exponentially and must be taken as fact. These often unspoken fears illustrate the need for supervision, assessment of potential for dangerousness and containment of PFA violators. Substantive red flag factors suggest a true risk of violence exists. The study also found that individuals with heart disease who are depressed will often have higher inflammation levels in their body. Many studies show that a combination of exercise and fatty acids, such as Omega-3 found in salmon, can reduce inflammation and consequently reduce bouts of depression and mood swings.In the sworn statement in 2010 for an order of protection, Amy Lake specifically reported that she feared that her husband might kill her. These fears of death would come to fruition one year later. And they did come true in despicable, horrific fashion.
It is not uncommon that red flags are often present early in the relationship as people reported during our research interviews during the psychological autopsy.  Many people we spoke to were aware something agregious was going to happen.  These include obsessional jealousy, threats of death, sexual aggression, unwillingness to integrate into extended family, any use of a weapon, and others.  In the course of their research Sefton and Gagan interviewed Dale Preston who was convicted of DVH in 1982 and served 18 years in Maine State Prison for the murder.  When asked what may have stopped him from killing his wife, Mr. Preston indicate “there was nothing that could have stopped me…”  In these cases, a greater awareness of risk or dangerousness is essential and in some cases a person must be contained for the safety of others.  Such containment requires NO direct contact with an abusive spouse, GPS monitoring, house arrest, or no bail imprisonment.
The case in Maine occurred in June 2011 – exactly 1 year to the day after the victim obtained a protection from abuse order from her husband.  The murders occurred 2 weeks before the divorce was to be finalized and were likely triggered by the abuser’s anger over not being permitted to attend his son’s 8th grade graduation ceremony.  The Bangor Daily News presented details of the recent psychological autopsy presented recently in Augusta, Maine.  Over 30 states across America have formal homicide review boards.  “To make this general deterrence aim successful, abusers must not have access to their victims nor to potential weapons, and the risk of punishment associated with breaking the law must outweigh the abuser’s urge to commit the conduct.” said Denaes, 2012. Bail is a judicial condition that allows a person to be released from jail with the promise to appear in court to answer to charges. Bail also provides for public safety by keeping violent offenders in jail when necessary.
I make an effort to review those published from New England states.  Vermont has an excellent annual report of domestic violence homicide and publishes all recommendations and changes in statutory requirements following individual cases of DVH.

Ronald Allanach et al., Psychological Autopsy of June 13, 2011, Dexter, Maine Domestic
Violence Homicides and Suicide: Final Report 39 (Nov. 28, 2011),
http://pinetreewatchdog.org/files/2011/12/Dexter-DVH-Psychological-Autopsy-Final-Report-112811-
111.pdf.
Nicole R. Bissonnette, Domestic Violence and Enforcement of Protection from Abuse Orders: Simple Fixes to Help Prevent Intra-Family Homicide, 65 Me. L. Rev. 287 (2012).
Available at: https://digitalcommons.mainelaw.maine.edu/mlr/vol65/iss1/12
Johannes N. Denaes, PUNISHMENT AND DETERRENCE 7 (1974) (“General prevention may
depend on the mere frightening or deterrent effect of punishment—the risk of discovery and punishment
outweighing the temptation to commit crime.”).
See id. at 34-35

Officer resilience and career success with less burnout

Mike Sefton photo
Michael Sefton, Ph.D. in Guangzhou, China

WESTBOROUGH, MA December 9, 2017 Resilience in police training is an added lesson designed to enhance the careers of officers-in-training. According to Leo Polizotti, Ph.D. resilience refers to professional hardiness that is protective against career burnout and raises both professionalism and job satisfaction.

It is essential to help individual officers through the tough times and enhances job satisfaction.  In the case of traumatic events – officer resilience is essential for a healthy response to a critical incident.  In the long run, physical health and well-being are the underpinnings of an emotionally resilient professional who will be there over and again – when called upon for those once in a lifetime calls that most of us will never have to answer.

Emotional resilience is defined as the the capacity to integrate the breadth of police training and experience with healthy, adaptive coping, optimism, mental flexibility and healthy resolution of the traumatic events. In general, resilient people are self-reliant and have positive role models from whom they have learned to handle the stressful events all police officers encounter. In its absence a police officer experiences irritability, brooding, anger and sometimes resentment toward his own agency and “the system” for all its failures.  The lack of emotional resilience leads to officer burn-out.

“Your biggest risk of burnout is the near constant exposure to the “flight or fight response” inherent to the job (running code, engaging and managing the agitated, angry, and irrational, or any other of your responsibilities that can cause you to become hypervigilant). Add the very real tension of the politics and stresses inside the office and a dangerous mix is formed. The pressures and demands of your job can take a toll on your emotional wellbeing and quality of life and burnout will often follow.” Olsen & Wasilewski, 2014

It is well documented that flooding the body with stress hormones like adrenaline and cortisol play a role in police officer health and well-being. “Stress and grief are problems that are not easily detected or easily resolved. Severe depression, heart attacks, and the high rates of divorce, addiction, and suicide in the fire and EMS services proves this” according to Peggy Rainone who provides seminars in grief and surviving in EMS. (Sefton, 2013). There are various treatments for stress-related burnout including peer support, biofeedback for reduced sympathetic dysfunction, and professional psychotherapy. “Being exposed to repetitive stress leads to changes in the brain chemistry and density that affect emotional and physical health.” (Olsen, 2014)  Improved training and early career support and resilience is essential for long term health of first responders including the brave men and women in blue.


Polizotti, L. (2017) Psychological Resilience: From Surviving to Thriving in a Law
Enforcement Career. Presentation. Direct Decision Institute

Olsen, A and Wasilewski, M. Police One.com (2014) Blog post: https://www.policeone.com/health-fitness/articles/7119431-6-ways-to-beat-burnout-in-a-police-officer/ Taken December 9, 2017

Rainone, P. (2013) Emergency workers at risk. (website) http://www.emsvilliage.com/articles/article.cfm?ID=176. Taken 12-1-2013

Sefton, M. Domestic Violence Homicide: What role does exposure to trauma play in terminal rage? Blog Post: https://wordpress.com/post/msefton.wordpress.com/505 Taken December 9, 2017.

Discretion, Treatment and Alternatives to Jail

WESTBOROUGH, MA July 16, 2017 In last weeks publication I introduced the problem of mental health and co-occurring substance abuse with some ideas about alternative restitution and treatment. These involve greater discretionary awareness among police officers.  More importantly options to jail require viable alternatives that will end the revolving door of minor criminality coupled with treatment for the breadth of addiction seen on a daily basis by law enforcement.

Mental and Physical Health Screening

At time of arrest the individual must have some level of mental health assessment if mental illness is suspected or documented. When I was a police officer prior to 2015 we often asked the D.A. to provide a court clinic assessment of the suspect to rule out suicidal ideation or delusional thinking. This must also include a screening for dangerousness especially when a subject is arrested for intimate partner abuse. Next a health history questionnaire should be undertaken to screen for co-occurring illness – both physical and mental. If a diabetic suspect is held without access to his insulin he is at great risk of death from stroke. Similarly, a person arrested for assault who suffers from paranoid ideation is at greater risk of acting violently without access to psychiatric medication. Finally, an alcoholic brought to the jail with a blood alcohol level greater than 250 is at great risk for seizures and cardiac arrhythmias when delirium tremens begin 6-8 hours after his last drink. The risk to personal health in each of the scenarios above must be taken seriously and the obtained data should be factually corroborated. Police departments across the United States are pairing up with private agencies to provide in-house evaluation and follow-up of individuals who fall on the borderline and may not be easily discerned by the officer in the field.

Diversion Safety Plan

Next, the probation and parole department must obtain an accurate legal history prior to consideration for bail. A nationwide screen for warrants and criminal history based on previous addresses is essential. In many places these are being done routinely. In the case of someone being arrested for domestic violence he may have no convictions thus no finding of criminal history. For these individuals the dangerousness assessment may bring forth red flag data needed for greater public safety resulting in protection from abuse orders, mandated psychotherapy, and in some cases, no bail confinement when indicated. Releasing the person arrested for domestic violence without a viable safety plan increases the risk to the victim and her family, as well as the general public – including members of law enforcement.

Bail, Confinement, Mandated Treatment

There is some thinking that higher amounts of bail may lessen the proclivity of some offenders to breach the orders of protection drafted to protect victims and should result in revocation of bail and immediate incarceration when these occur. I have proposed a mandatory DV Abuse Registry that may be accessed by law enforcement to uncover the secret past of men who would control and abuse their intimate partners. This database would also include information on the number of active restraining orders and the expected offender’s response to the “stay away” order. In cases where the victim decides to drop charges there should be a mandatory waiting period of 90 days. During this waiting period the couple may cohabitate but the perpetrator must be attending a weekly program of restorative justice therapy and substance abuse education. Violations of these court ordered services are tantamount to violation of the original protection order (still in place) and victim safety plan and may result in revocation of bail. If the waiting period passes and the perpetrator has met the conditions of his bail than he may undergo an “exit” interview to determine whether or not the protection order / jail diversion plan may be extended.

Guardianship

In many jurisdictions the mentally ill cannot be forced to take medication nor can they be forced into treatment. Adherents to this belief advocate on the behalf of the chronically mentally ill for the right to make these individual choices – treatment or no treatment. Ostensibly advocates seem unconcerned for the public health risks associated with ongoing drug addiction and major mental illness. There needs to be an active system in place to provide guardianship to individuals with repeated failed treatment that mandates treatment for those who cannot remain in a program of sobriety and psychotherapy in lieu of incarceration. In many cases a family member may be appointed temporary guardian for up to 180 days that allows decisions to be made about patient care up to the guardian not the patient himself who may be unable to stay on track.