This Court Finds You Guilty!

Surely things can get no worse than this, but they can and they do. The implications of the appellate court’s decision have not been lost on one very important person. A person without whose love you have convinced yourself you could never survive. Your wife, who has steadfastly stood by your side hoping against all odds at each chapter in this drama for the same relief that you did, now realizes that the last card in the game has been played and has re-evaluated the promise of “for better or worse” that she made long ago. You are only half looking forward to her next visit because you have detected something amiss in her voice in recent phone calls. She greets you in visitation, gives you a hug and a kiss that could have come from your sister and sits down. Within five minutes she tells you she has something very important to say and then tells you she wants a divorce. You could see it coming, but just like the left hooks that you saw coming when you boxed and couldn’t get away from in time, it still doubles you over.

The years pass and you develop a routine. Up in the morning, run the track, read the paper, have lunch, hit the gym in the afternoon, catch the evening news, work your prison job, read a bit, then go to sleep and do it all over again the next day. Until one day the “next day” is the day your name is called to report to R&D (receiving and discharge). It’s your day to go home. You’re apprehensive. You’ve prayed for this day for an eternity, but now that it’s here you’re not sure you want to leave. You’ve lived the last decade of your life in less than half a square mile. What will it be like outside? How much has the world changed? Will I walk out and forget to pay for a meal at a restaurant the first time I eat at one having never had to pay a check in ten years? A correction officer walks you to the front gate and wishes you “good luck” as the Lt. asks you your name and number one last time. You leave certain that everyone you meet “knows” who you are. You meet your Probation Officer and he explains the rules. You are hopeful you’ll succeed and get on your feet quickly. You soon find however, that no one wants to hire an ex-cop who’s also an ex-con as a result of the high profile Police Brutality case he was involved in ten years ago. You ask yourself “will it ever end?” And then you ask yourself “why did I ever want to become a Police Officer?” You can’t remember.

Francis X. Livoti Jr., a former New York City Police Officer, explains the possible unintended consequences of the use of non-lethal force by a police officer in effecting an arrest. The purpose of his column to is to reinforce the importance of strict adherence to departmental guidelines in the application of all levels of force when acting in the performance of assigned duties and the possible impact on a Police Officer when things go awry.

Mr. Livoti is an authority on use of force issues by public and private law enforcement personnel; he also serves as a speaker and trainer for The Foreseeable Risk Analysis Center and a contributing columnist on law enforcement and related issues.