警察使用电击制暴器的法律定位与比例原则适用

This article seeks to clarify the limits imposed on police use of force. It argues that police use of force must be necessary, proportional and lawful. Police officers’ safety practice often leads them to act on mere suspicion and contradicts with the probability-based thinking required by law — there must be reasonable grounds to warrant the use of force. Therefore, this article proposes an alternative use of force model adopted by the Edmonton Police. The Edmonton model has been successful in guiding police officers to focus on objectively discernible facts to support their subjective beliefs to meet the threshold on the use of force.

This article analyzes the current Canadian legal framework that governs the deployment of conducted energy weapons (CEWs), such as tasers, and explores the ongoing public debate concerning its use in Canada. The tragic case of Robert Dziekanski’s death at the Vancouver International Airport raised concerns about the use of CEWs and triggered important changes in the CEW policies across Canada. Both the Kennedy and Braidwood Commission Reports have led to restrictions on the use of CEWs. In light of these reports, this article provides some insight into the nature and scope of criminal and civil litigation involving police use of the CEW. It highlights the perception of the CEW as a weapon reserved for use only in the absence of other less forceful options. This article also identifies the various grounds for bringing criminal charges and/or civil suits against individual officers, local governments, and manufacturers.

The use of force in law enforcement during armed conflict remains constrained by general law enforcement principles, in particular necessity and proportionality, as complemented by the human rights principles of legality, precaution, and accountability. In 2020, the Office of the United Nations High Commissioner for Human Rights (OHCHR) published detailed guidance on the design, procurement, transfer, and use of all less-lethal weapons that reflects international norms and standards. Specific guidance is provided with respect to certain less-lethal weapons, including chemical irritants, conducted energy weapons, police batons, and kinetic impact projectiles. This chapter summarises the key elements of the OHCHR guidance.

… This principle of proportionality is well established in Finland, in accord with United Nations … kinetic energy weapons we use today. Remote transfer of electricity by an ionizing laser has …

… Despite the virtually universal acceptance of the idea of proportionality in use of force issues, no … these violent resistors before the use of a firearm becomes necessary. Municipal …

… ) use of kinetic weapons will be at odds with basic use-of-force principles of proportionality and subsidiarity contained in Police Law. For the Dutch police, acquiring kinetic weapons to …

… figures suggest that TASERs are becoming commonplace in law enforcement, there are … use of the TASER by police by characterizing its use and effectiveness in one police department …

ABSTRACT Using a case study of the ‘less lethal’ electric-shock weapon the Taser in English and Welsh policing, this article argues that the notion of discretion as an arena in which police officers are able to exercise free will can be overstated. Drawing on insights from Science and Technology Studies, it is argued that discretionary decisions may well be structured not only by the human agency but also by the presence and agency of nonhumans and the socio-technical networks within which they are embedded. Whilst existing work has recognised the human and societal influences impacting officer decision making, this article draws on Science and Technology Studies to argue there are merits to a distinctly socio-technical approach to discretion. Broader implications for discretion by police officers and other ‘street level bureaucrats’, for STS and criminology and for policies around Taser are also discussed.

… in the existing case law on the use of Tasers by police and to … Tasers as a less-lethal option for America’s law enforcement … cases in which the word “Taser” appeared. We conducted …

ABSTRACT Police use of Taser in England and Wales has received little academic attention, despite being the topic of much public controversy. Much of our knowledge comes from the United States of America, but these findings are based on a small number of data sets and little testing has been done to see whether such findings apply internationally. This article uses a novel dataset from a police agency in England and Wales, and pilots new covariates, to conduct a multivariate analysis of factors associated with Taser use: the first time such analysis has been conducted outside of North America. This analysis also provides an ideal opportunity to test long-standing theoretical debates about whether police use of force is affected by ‘who the citizen is’, as the conflict approach would predict, or ‘what the citizen does’, in keeping with the consensus tradition. Variables from both the former (namely gender and mental health issues) and the latter category (including presence or use of a weapon) were found to be statistically significant after the inclusion of controls. The results highlight limitations to the application of the American based literature internationally and demonstrate stronger support for consensus than conflict theories. They also highlight that, under certain conditions, it may be appropriate for officers to take civilian characteristics into account when making use of force decisions.

… increased Taser sales is substantial, given that only 10 percent of law enforcement officers … The first question we might ask is where do Tasers fit on the use-of-force continuum? A report …

… law affords police unique rights and responsibilities, including the legal authority to use coercive force… and crime, including the use of excessive force against suspects and other citizens…

Today, the TASER is a ubiquitous less-than-lethal force technology lauded for its ability to curb police officers' use of excessive and lethal force. Although less injurious than other weapons, concerns exist that the TASER can still be misused by police officers. This article uses ethnographic observations and unstructured interviews across three urban police departments to describe how the TASER affects officers' understanding and use of force in beneficial and unintended ways. I find that officers understand and use the TASER as a device that can enhance safety for themselves and suspects, including in cases where the TASER is used in lieu of lethal force that officers believe would have been justified. Despite these benefits, understanding of the TASER as a safety-enhancing technology also influences the use of excessive force via TASER by young, inexperienced officers, ultimately contributing to the very problem TASERs were intended to ameliorate.

PurposeThe range of tactical force options available to police is increasing, while public debate about police use of force is never far from the headlines. This paper aims to examine what factors shape how people accept police use of force.Design/methodology/approachThe authors use two online experiments to test whether different force options affected judgments about the acceptability of police action and to explore the role of trust and legitimacy in people's judgments.FindingsThe authors found across both studies that respondents judged scenarios involving a weapon (baton, CS spray, Taser) as less acceptable compared to scenarios that did not (talking down, handcuffs), but they did not draw much distinction between the specific weapon used. In study 1, exposure to different police tactics had no effect on trust and legitimacy. In study 2, prior perceptions of trust were strong predictors of acceptability judgments.Originality/valueThere is a comparative paucity of British-based empirical research examining public attitudes toward different use of force resolutions by police. In this paper, the authors explore how use of force affects people's views of police at a time in which the nature and scope of force applications, how these are understood and indeed the basic enterprise of policing itself is being reconsidered and renegotiated.

… , usage patterns of the less-lethal forms of Use of Force (UoF) modalities—incapacitant spray, impact rounds, and Taser … be applicable to use of force by law enforcement agencies in all …

… the impact TASERs on police officers’ use-of-force decisions. … (with TASERs) or a control group (without TASERs) and then … to TASER International include Law Enforcement Associates …

… the use of electronic control devices by law enforcement officers … TASER technology protects life, and the use of TASER devices dramatically reduces injury rates for law enforcement …

Police use of TASER can have serious consequences; therefore, it is important to examine any modifiable operational factors that impact an officer’s decision to use TASER. As previous research has identified a potential relationship between crewing and TASER use, a systematic review was undertaken to explore which factors might impact use of TASER by the Police Service of England and Wales, including officer crewing levels. Over 14,000 records were screened, resulting in a final sample of 20 studies; with findings indicating that further research is needed to better understand TASER use and ensure policy is well informed and appropriate.

… on the use of force and firearms by law enforcement officials’. … states that law enforcement officials ‘may use force and … and five police forces are conducting operational trials of tasers. …

Using multi-level modelling, this article analyses data from 16 police agencies in England and Wales where one officer, carrying TASER, used force on one member of the public (N = 11,176). When compared to incidents involving handcuffing only, resistance, gender and mental health status of the member of the public and the need to protect officers or others were associated with increased odds of TASER drawing and firing. Incidents involving lone officers increased odds of firing compared to incidents where they were accompanied by an officer not using force. Compared to the White reference category, incidents involving Black/Black British members of the public, or a male officer, were associated with increased odds of drawing compared to handcuffing. Incidents involving Asian/Asian British members of the public, or children, were associated with decreased odds. As the proportion of incidents where TASER was carried increased, odds of use decreased.

… She identified customs and policies that supported police misconduct such as nepotism, negligent hiring, and overly broad Taser guidelines. The US District Court for the Southern …

… A standard under which excessive force against the police is … officer and that was when he deployed the taser for the first time… The taser deployment log shows that yet another 5-second …

… of non-lethal weapons for the deployment of police of legitimate … compliance with international standards. Amnesty does, … to ‘stun gun mode’, technically referred to as ‘drive stun’ …

… We argue that without national guidelines or legislated requirements for such public … should be differentiated from deployments which provide an alternative to firearms in the resolution …

… or the police, less-lethal weapons (a designation supposed to … will be able to address these and the proportionality of the … Dutch police and OC sprays, have published their reviews in …

After World War II, “human rights” became a very vital issue all over the world, and with the publication of the Universal Declaration of Human Rights by the United Nations at the end of 1948, the subject gained an international status. In this context, the level of power to be applied by law enforcement officers in preventing the incidents and the equipment they use have started to be discussed. Equipment called “non-lethal weapons - NLW” began to be used in mass actions to end the incidents by causing less harm to both activists and third parties who were not involved in the action. The primary purpose of using NLWs is to minimize the severe human consequences during the intervention process to deter individuals from participating in the actions and to minimize the damage. Although it is called a non-lethal weapon, some negative consequences can be encountered due to the wrong or disproportionate use of this equipment, which can undermine the trust of citizens, who are not directly related to the events, in the state and naturally, the law enforcement forces, and the countries’ prestige can lose. For this reason, it is necessary to know and teach the issues needed to effectively use non-lethal weapons that give new capabilities to law enforcement officers. This study aims to examine the non-lethal weapons used by law enforcement officers to investigate the legal regulations on these weapons and their ammunition at the international and national level and to provide basic information on the types of NLW and their use. The scarcity of academic studies on non-lethal weapons in the national literature increases the importance of this study. As a result of the research, it has been determined that the main way of harming people and the environment as little as possible in the process of intervention in social events is the conscious use of NLWs by law enforcement officials.

ABSTRACT In April 2025, the European Court of Human Rights issued an interim measure against Serbia, indicating to the Government that, until further notice, it must prevent any use of sound devices for crowd control by state or non-state actors. The case related to the alleged use of a less-lethal weapon by the Serbian authorities at massive anti-government demonstrations in Belgrade on 15 March 2025, and concerns that it could be used in future. Inspired by this case, the article explores the legal implications of the deployment of a less-lethal weapon against thousands of individuals during a peaceful public assembly. It discusses the international standards of use of less-lethal weapons during public assemblies and advocates for global regulation of their trade. The article delves into the wider issues of the use of force by law enforcement, government accountability, and human rights standards.

… , proportionality and precaution govern the use of force by … Not only military and police forces are entrusted with the task … to regulate and review less-lethal weapons has been affirmed by …

… Alternatively, force might meet the proportionality … seeks to have police retain a weapons superiority over citizens. … and availability of less lethal weapons, the use of firearms in defense is …

… of dependence of police organizations on CEW manufacturers. … There is an urgent need to analyze developments in police … address the issue of appropriateness of CEW use. For more …

… review of police behaviour in relation to CEW deployment. Here, … the necessary replacement of older model CEW units being … The appropriateness of placing the responsibility for CEW …

… The proportionality and appropriateness of applied violence … Furthermore, the introduction of CEW for police and special … This is a necessary restriction of the model we will discuss in …

… Appropriateness of specific types of CEW usage may be determined by individual police … Thus, in some CEW studies, the subjects may have been aware of the need to actively focus …

… One of these three cases occurred after PD of a CEW, when … task force surrounding the appropriateness of CEW use on persons … of the time without the need for full activation and was …

ABSTRACT Coronial inquests are crucial for holding police accountable. These public processes ensure impartial investigations into deaths and may offer findings or recommendations concerning public health and safety and the administration of justice. In Australia, civilian deaths that occur during police operations or while in police custody are reported to the coroner, who examines police actions to determine their appropriateness. Using the ‘focal concerns’ perspective to analyse cases of police fatal use of force against individuals with mental illness, this study aims to understand how coroners' reports frame such incidents concerning considerations of blameworthiness, community protection, and practical constraints. The findings show how these reports often emphasise the lack of police blameworthiness, asserting that officers' actions were lawful and reasonable given the rapidly evolving circumstances. Reflecting considerations of community protection, police officers' actions were also frequently justified as necessary to protect themselves, the public, and the individuals in crisis, despite the lethal outcomes. Finally, the findings identify several practical constraints impacting police responses, including limited assistance from mental health professionals or police negotiators. These findings underscore the need for improved training, resources, and mental health support to better align police practices with community safety and accountability.

… fatalities associated with police use of lethal force, have adopted numerous less lethal technologies, including conducted energy devices (CEDs). Although the device was intended to …

… In advance of this conference, PERF conducted a comprehensive review of extant research assessing the benefits and liabilities of CEDs and consulted police practitioners and experts …

… Nonetheless, the purchase of CEDs for university law enforcement agencies can be deterred due to the negative public opinion they attract and fear of agency liability. The absence of …

… With language that has since become a guidepost for disciplinary investigations of law enforcement officers, the Court ruled that while a law enforcement agency can conduct an …

This essay focuses on proportionality stricto sensu as a consequential test of balancing. The basic balancing rule establishes a general criterion for deciding between the marginal benefit to the public good and the marginal limit to human rights. Based on the Israeli constitutional jurisprudence, this essay supports the adoption of a principled balancing approach that translates the basic balancing rule into a series of principled balancing tests, taking into account the importance of the rights and the type of restriction. This approach provides better guidance to the balancer (legislator, administrator, judge), restricts wide discretion in balancing, and makes the act of balancing more transparent, more structured, and more foreseeable.The advantages of proportionality stricto sensu with its three levels of abstraction are several. It stresses the need to always look for a justification of a limit on human rights; it structures the mind of the balancer; it is transparent; it creates a proper dialog between the political brunches and the judiciary, and it adds to the objectivity of judicial discretion. Proportionality stricto sensu however has it critics: some claim that it attempts to balance incommensurable items; others that balancing is irrational. The answer to the critics is that it is a common base for comparison, namely the social marginal importance and that the balancing rules—basic, principled, concrete—supply a rational basis for balancing. A democracy must entrust the judiciary—the unelected independent judiciary—to be the final decision-maker—subject to constitutional amendments—about proper ends that cannot be achieved because they are not proportionality stricto sensu.

… term "balancing" to describe proportionality analysis should be avoided because retributive balancing (… courts were striking down police actions that violated proportionality, which was …

… legal principle as an optimization requirement and shed light on the balancing of principles as … 2, this account of balancing plays a central role in the contemporary theory and practice of …

… , had engaged in proportionality analysis to constrain the police powers of the state.Other … We need a substantive theory to draw qualitative distinctions at the balancing stage, even if …

… His major research interests are in the use of surveillance technology by the police, and the … Third, there is no single formulation of the proportionality principle. Courts across …

… In American police work, law enforcement administrators implement use-of-force policies to guide … In spite of the limitations, this study provides important information about correlates of …

… study compares Taser-authorized and non-authorized police … harm and the requirements of necessity and proportionality. … This study moves debates about police Taser use beyond …

INTRODUCTION Conducted electrical weapons, or 'Tasers', are currently used by over 15,000 law enforcement and military agencies worldwide. There are concerns regarding the effectiveness, potential for harm, and overuse with people experiencing mental distress. AIM To explore the literature about police use of Tasers with people experiencing mental distress. METHOD An integrative review was undertaken and qualitative and quantitative analytical approaches were used. RESULTS Thirty-one studies were included. Of all recorded usage, overall prevalence of Taser use on people experiencing mental distress was 28%. This population may require a greater number of shocks to subdue them than other people. DISCUSSION There are substantial gaps in the research literature particularly with respect to the decision-making processes involved in deploying Tasers on this population and the physical and psychological consequences of Taser use in this context. IMPLICATIONS FOR PRACTICE Police use of Tasers in mental health crises is relatively common, and occurs in a variety of environments including mental health settings. Mental health professionals need to work with police towards greater understanding of the needs of people with mental illness, and to promote the use of non-coercive interventions in mental health crisis events.

… of TASER devices to policing and their subsequent widespread adoption. The paper considers the role of police in … We conclude that TASER devices look set to play a significant role in …

… In addition to selecting agencies based on variability in size, we also restricted our inquiry to departments that have use … Journal of Criminal Law and Criminology , 82 ( 1 ) : 241 – 260 . …