What Needs to Happen' - A Review of Current Police Response to Mental Health Calls Andrea Aghasi, Justin Beaudoin
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Chapter 9
‘What Needs to Happen’ – A Review of Current Police
Response to Mental Health Calls
Andrea Aghasi, Justin Beaudoin
“It’s shocking that it takes longer to receive a hairstylist’s license in Ontario than
it takes to become an officer.” (Judith Andersen, Stress Intervention Psychologist,
2021)
On July 27, 2013, an emergency call was made concerning to a disturbance on a
streetcar in Toronto, Ontario (ONSC, 2016). Officer Forcillo responded, and he
was met with Sammy Yatim, a man who was experiencing a mental episode and
yielding a knife (ONSC, 2016). Within a 50 second encounter with Yatim, the
officer discharged his firearm, resulting in the untimely death of Yatim (ONSC,
2016). Within this short time, there was absolutely no evidence of de-escalation
(i.e., subsiding behaviours) attempts on the part of Forcillo. Four years later, and
after many similar occurrences, D’Andre Campbell of Brampton, Ontario
experienced a mental health episode, resulting in his mother calling emergency
services to assist her son (Special Investigations Unit, 2020). Officers responded to
the calls and found Campbell in significant distress and wielding a knife. Officers
initially used a taser to subdue Campbell, a use of force from which Campbell
recovered. Following the struggle, officers drew their firearms and promptly shot
Campbell, resulting in his untimely death (Special Investigations Unit, 2020).
According to reports, there were no efforts made to attempt to deescalate Campbell
from his mental health episode (Special Investigations Unit, 2020). Far too often,
this is the fate that those who experience mental health crises are met with when
police are called to assist in the situation. Some have begun to question the gold
standards with which police officers are trained to deal with mental health crisis
153Are We There Yet? The Golden Standards of Forensic Science
calls, especially when the outcome is as unfortunate as it was in the aforementioned
scenarios. These responses call to question how police officers, who are hired to
serve and protect all individuals in a community, are trained. Adequate training
would call for de-escalation before immediate weapon response, or so one assumes.
Adequate training would suggest that police officers should not use excessive force
during mental health crisis calls, or so one assumes. Adequate training would assist
officers in being able to respond to mental health crises in a way that protects their
own mental, emotional and physical wellbeing, along with the mentally ill
individual, or so one assumes. It should be noted that in some instances, police
officers react in instinctual manners, especially if they believe that their lives or
their partners’ lives are being threatened. An explicit gold standard, outlining
appropriate police responses when attending to mental illness calls, would
significantly benefit individuals with mental illness. In efforts to discuss the gold
standards of police response to mental health calls, theories and current standards
must be criticized. Then, further discussion within the chapter of the future of law
enforcement is introduced, where evidence brings hope to those affected by police
interactions with those experiencing mental health crises.
Theory Applied to Policing and Mental Health
Theorists have attempted to conceptualize why negative interactions between law
enforcement and individuals with mental illness occur. Phil Bielby’s Normative
Legal Theory of Mental Health Vulnerability (2019) discusses the importance for
legal systems to respond to mental health crisis calls using appropriate and
supportive tactics, such as humanization and protection. Bielby (2019) emphasizes
legal and ethical views that are imperative for understanding the relationship
between the legal system and mental illness within the citizens of a community.
In the volume, the notion is put forth that every human being is
exponentially vulnerable (Bielby, 2019). Vulnerability within humans primarily
exists within our mental, emotional, and even physical capabilities, defined by the
identification of their fragility, finitude and fallibility (Bielby, 2019). The problem
falls within the realm of how individuals that are substantially more vulnerable in
light of their mental illness have been notably seen to be treated inappropriately
within the legal system (Bielby, 2019). It must be recognized that although
vulnerability is seen on a lengthy spectrum, there is an evident under-protection
and apparent neglect for the treatment of these individuals (Rogers et al., 2012).
154‘What Needs to Happen’ – Current Police Response to Mental Health Calls
This theory places significance on the increased vulnerability that mentally ill
individuals experience, which may increase their potential for intense behaviour
that may be perceived as threatening (Bielby, 2019). Recognizing vulnerability
impacts the response these individuals receive within society (Bielby, 2019).
Individuals with mental illness diagnoses are not to be treated differently and/or
more harshly based on their diseases. Rather, they should be given more support so
as to extract them from triggering and stressful environments and to provide them
with suitable care. Acceptance and recognition are needed for the vulnerable.
Anything short of this, unfortunately, commonly results in a loss of life.
Importantly, Bielby focuses on both the rights of the individuals from a
legal standpoint as well as the caring of these individuals from an ethical point of
view (Bielby, 2019). One should consider what it means to hold legal rights in
relation to mental health. Within Canada, individuals with mental illnesses are
rightfully protected under section 16 of the Criminal Code of Canada as well as the
Mental Health Act (RSC, 1985; RSO, 1990). Bielby (2019) emphasizes how having
rights within the legal system aids in the ability for this vulnerable population to
prosper within the legal system. Recognizing mental illness within the law
addresses any power imbalances and inequality that mentally ill individuals are
exposed to, thereby promoting strategies to protect their lives (Bielby, 2019).
Though these regulations exist, the lack of training that police officers receive
causes unjust problems. Police officers must have a right to care, ethically and
legally, for individuals that are incapable of controlling situations (Bielby, 2019).
By addressing the connection between an individual’s rights and their right to care,
police officers will be less inclined to overlook the relevance of mental illness and
how it affects behaviour in legally concerning settings (Bielby, 2019). Admitting
the right to care for individuals leads to protection for a population’s most
vulnerable because, after all, everyone has a right to be protected by the police.
The stigma surrounding mental illness sheds light on the potential for abuse
and exploitation of individuals with mental illness. Bartlett & Schulze (2017)
describe the importance of protection for individuals with mental illness, as there
is significant evidence that these people are often abused on the basis of being
disabled, whether in treatment facilities or within the legal system. It is difficult to
understand the severity of the displacement individuals with mental illness endure,
whether it is within their communities or in their own internal environments. When
this reality is paired with a lack of support from community services, injustice
ensues. With the increased vulnerability that mentally ill individuals are susceptible
155Are We There Yet? The Golden Standards of Forensic Science
to, all legally pressing situations are seen to be more egregious (Barlett & Schulze,
2017). Mentally ill people are seen to be untrustworthy and unpredictable, thereby
making their relationship with police officers ununified (Barlett & Schulze, 2017).
These outcomes lead to harassment and the unjust use of force on behalf of law
enforcement. Support and protection within these situations can positively increase
the legal outcome of these scenarios, ultimately opening up an opportunity for
treatment options.
Current Standards Within the Relationship Between Police and Mental Illness
Protection of individuals with mental illness has been seen as a priority in Canada.
Through numerous legislations, those with mental illness are well accounted for
within the legal system. The Mental Health Act (1990) emphasizes the importance
of protecting the rights of those who may
otherwise be incapacitated by their
diseases or are not medically responsible
for any illegal behaviours that they may
undertake. It also invokes a mandate that
allows law enforcement officials to
apprehend these individuals and to
transport them to receive treatment,
should it be necessary (RSO, 1990).
Section 16 of the Criminal Code is also
Figure 9.1: Lights On Top Of Car.
used to protect those with mental illness
involved with crime, where they can be found Not Criminally Responsible on
account of their Mental Disorder (RSC, 1985). If the individual does not appreciate
the nature of their actions or know it was wrong, they will be rendered not guilty
(RSC, 1985). Both of these legislations provide the basis for how officers are
trained in relation to mental health calls.
There is limited data explaining how police officers are trained in relation
to crisis calls, especially within Canada. That is, there is no explicit gold standard.
Some organizations specially train a limited number of officers to create a team
through which assessments are conducted, and treatments are administered under
the Mental Health Act (Peel Regional Police, 2020). Most uniformed officers are
trained to complete simple assessments when called to a mental health check.
Police officers are required to be able to notice signs and symptoms of mental
156‘What Needs to Happen’ – Current Police Response to Mental Health Calls
illnesses and/or substance abuse, and also must be able to assess the risk of
suicidality, be familiar with behavioural management strategies, destress and
defusing techniques and concluding whether someone needs to be apprehended or
transported for treatment (Cotton & Coleman, 2008). With sessions averaging
seven to fifteen7-15 hours, most police sanctions within the country, including the
Royal Canadian Mounted Police (RCMP), use these minimum standardized
curriculums to train their officers (Cotton & Coleman, 2008). Evidently, it is
essential that more training is given to these officers such that they are able to
handle the intense situations that they will be exposed to.
The Downfall of the Execution of Mental Health Gold Standards in Policing
The downfalls of police management of mental health crises are evident when an
untimely fatal police encounter occurs. Like Yatim and Campbell, there have been
many individuals that experienced mental health crises and were the subsequent
victims of unjust force that led to death. These individuals required adequate
support and treatment from the first responding officers responding at the scene.
Researchers in an Australian context have identified that through the actions of
police officers, there has been a significant buildup of distrust between the
community and officers (Brennan et al., 2016). There has been data to suggest that
mentally ill people remain hesitant to call police when needed due to the possibility
that negative outcomes will occur for the individual experiencing the mental crisis,
on account of witnessing or previously experiencing negative outcomes (Brennan
et al., 2016). Furness et al. (2017) further discuss how the public has a generally
negative perception of how law enforcement officers respond to mental illness
crisis calls, and distrust when it comes to individuals seeking the help of officers
when a loved one is experiencing a traumatic episode. Public perception of officers
becomes skewed, as the less frequently police officers handle these cases, the less
appropriately they behave when they actually must respond to them. There is also
the potential of police officers becoming deterred from the idea of assisting
mentally ill individuals as they believe that dealing with these individuals is beyond
their jurisdiction. Lane (2019) references how within the United Kingdom, there
has been some hesitancy from police officers having to deal with individuals
experiencing a crisis because it is not in their job description. This creates
significant issues, as research identifies the distaste that police officers experience
contributes to their avoidance and/or inappropriate responses to these situations.
157Are We There Yet? The Golden Standards of Forensic Science These compounding factors contribute to the notion of a divide between law enforcement and mentally ill individuals. This divide, however, has the potential to subside with advancements within law enforcement training, where an appropriate gold standard can finally be found. A look at Camden’s Turn: A Story of Police Reform in Progress - Case Study Camden’s Turn, a documentary by Not in Our Town, follows Chief Thomson, a police chief in Camden, New Jersey, as he completely reforms his police department, laying off all current police officers and rehiring as if it was a brand- new department (Biandudi & O’Neill, 2020). Prior to Thomson’s take over as chief, Camden saw a large increase in drug dealing, crime, and even corruption from the police. The situation had progressed to the point where people did not feel comfortable talking to the police, nor did they call them if a crime had occurred. Through the process of reform and rehiring all police officers from the ground up, one is able to tackle existing problems from the baseline (Biandudi & O’Neill, 2020). Chief Thomson was able to train all police to have a different mentality towards the city they work in. He was also able to train them to know how and when to use de-escalation techniques versus physical force (Biandudi & O’Neill, 2020). Thomson was able to reinforce community ties with the police through activities such as having police walk the street rather than drive in a car, encouraging officers to interact with people on their doorsteps, and having members of the police participate with people in the community through activities, sports and events (Biandudi & O’Neill, 2020). By rebuilding trust with the community and having a more prominent police presence through walking the street, the crime rate can be lowered, and trust is built within the community. The focus of this story is to show how at times, a complete overhaul can make a huge difference. While it may seem like a lot of effort is needed to reform a police organization, Camden has changed from a dangerous town to a place where kids can run around, and people can go out in public without the fear of drugs and violence at their doorsteps. This was possible because of the extra effort that went in to ensuring that police reform was done properly. 158
‘What Needs to Happen’ – Current Police Response to Mental Health Calls
Mobile Crisis Response: Pairing Police Officers with Mental Health
Professionals
There is an inherent need for an alliance between police officers and mental health
professionals. Mobile Crisis Intervention Teams (MCIT) have started to be
implemented into police departments as a response to the need to better police
responses to calls of crisis and distress. The goal of these mobile response teams is
to ultimately relieve the workload for some frontline workers while also improving
the outcome for the individual in crisis (Semple et al., 2020). These units often pair
police officers with mental health professionals to respond to calls where an
individual is in distress or experiencing a crisis (Lamb et al., 2002). These teams
appear to be effective in moving individuals through the mental health system
rather than into the criminal justice system (Lamb et al., 2002). Studies have shown
that using these mobile crisis teams have actually lowered the arrest rates from 21%
to 2-13% for mentally ill individuals who come into contact with police officers.
(Lamb et al., 2002). This demonstrates positive results from the pairing of an officer
and a mental health professional. It suggests that having a trained expert able to
provide an opinion on the mental state of an individual can help contribute to a
reduction in arrests. This reduces the chances that mentally ill individuals are
funneled into the criminal justice system and allows the individuals that truly need
help to be redirected to the treatment or support that is best for them.
Hamilton Police Services has done a great job at incorporating new teams
to handle mental health crisis calls. One that has spread Canada-wide is the Crisis
Outreach and Support Team, or ‘COAST’. COAST is a mobile unit that provides
short-term mental health support to an individual experiencing a crisis (Semple et
al., 2020). This unit pairs a mental health professional with a plain-clothed police
officer. Together, these responders attend crisis calls and perform assessments on
scene. These assessments are performed to ensure that if an individual does require
assistance or is in need of treatment, they can be taken to a hospital or another
location where they can receive the required support (Semple et al., 2020).
Another Canadian program based out of Hamilton, Ontario, the Social
Navigator Program (SNP), while slightly different than COAST, is another
excellent addition that has been implemented to ensure that individuals struggling
with mental illness or mental health problems can receive support (Wiesner, 2021).
This program is more focused on the steps before a crime is committed rather than
at the time during or after. It involves police and paramedics as social navigators:
159Are We There Yet? The Golden Standards of Forensic Science
A Conversation with Sgt. Peter Wiesner
(Personal Communication, February 16, 2021)
The following information is sourced from a recent conversation with Hamilton
Police Officer Sgt. Peter Wiesner. Sgt. Wiesner is in charge of the Crisis
Response Branch with the Hamilton Police Services, which comprises teams
such as COAST, SNP, and a Mobile Crisis Response Team (MCRRT).
Moreover, the Hamilton Police Services have made outstanding contributions to
police response to crisis calls, along with positive change in all aspects of mental
health. Our conversation showed that lots of positive change is currently being
done to improve the field of policing in relation to mental health. These
following suggestions are recommended for future steps by Sgt. Wiesner.
The Need for More Specially Trained Police Officers
There are a good amount of police officers working to respond to mental health
calls, but teams are not working around the clock. Through the addition of a
dozen more specially trained police officers to this unit, one can actually increase
the response to crisis calls from 10-50% up to 85%. This means that the crisis
response unit would be able to respond to a much larger percentage of calls and,
thereby providing better support to mental health related incidents.
Legislation Needs Change
A quick search of the listed core police services discussing the adequate and
effective care a police officer must demonstrate while on the job shows that there
is nothing related to mental health (Police Services Act, 1997). A lack of
legislation in this area can create issues and confusion, namely problems in both
how police are trained and how they are expected to handle any calls related to
mental health issues.
While change is happening right now, it is still a long process that takes
time. One solution to some of the problems listed above is reform. Reform allows
police departments to rehire and train all police officers in a way that provides
the most support to everyone in a specific community. It also allows legislation
to be rewritten. With reform, police departments are able to look for missing
facets that would otherwise be opportune to change, such as the implementation
of law that specifically deals with mental health.
160‘What Needs to Happen’ – Current Police Response to Mental Health Calls
their role focuses on helping the homeless find shelter, providing individuals with
references to supports for mental illness and drug addiction services, as well as the
provision of food and water (Wiesner, 2021). Although police are not mental health
experts, they are the first responders to crisis calls with these mentally ill
individuals, so it is important that they are also part of the solution. The goal of this
program is to be proactive. This means that first responders are actually able to
support this vulnerable population so that they do not get caught in the criminal
justice system (Wiesner, 2021).
Mental Health Training for all Police Officers
An investigation by the Canadian Broadcasting Company recently found that
between 2000 and 2017, 461 people in Canada were killed during police
intervention (Marcoux & Nicholson, 2017). These deaths were not necessarily in
the context of mental health calls, but this statistic does show that police
intervention can sometimes escalate to the point where a police officer feels the
need to use a weapon. This is not to say that the violence might not have been
warranted but that sometimes it seems that police officers react to a situation in a
time of high stress. The use of force continuum in policing plays a large role in how
all police officers assess and respond to the scene of a call (The Canadian
Association of Chiefs of Police, 2000). There are many factors at play in mental
health crisis calls, and to fully consider all the dynamics of a call, a police officer
must constantly assess the situation. The way that an officer assesses the scene may
come down to their own physical ability and size but also the factors and dynamics
of the call and the person who’s situation they are responding to (The Canadian
Association of Chiefs of Police, 2000). When an individual in crisis is added to the
situation, the situation instantly becomes more complex, especially when the
responding police officer does not have sufficient knowledge about mental health
and illness.
Currently, the training provided to police officers to handle crisis calls is
generally inadequate, especially in light of the need to handle situations where
individuals are dealing with mental illnesses. Most of the time, police officers do
not feel comfortable or even know how to recognize what type of mental illness an
individual may have, nor the severity. Likewise, many police officers do not know
how to recognize and handle violence or potential violence (Husted et al., 1995).
In response, some police departments, such as the Hamilton Police Services have
161Are We There Yet? The Golden Standards of Forensic Science begun to provide de-escalation training for every police officer. When crisis intervention training is given to police, the rate of apprehension, or the amount people brought to a hospital for extra treatment drops from 75% down to 50% (Wiesner, Personal Communication, February 16, 2021). This is because they are able to do a much more educational assessment of the individual. When you pair a mental health professional with the crisis intervention trained police officer that apprehension drops even more down to 25% (Wiesner, 2021). This training with the added knowledge of knowing when to bring in an individual for extra treatment lessens the workload of police officers by a lot. Having a lowered number of people entering hospitals lightens the load for hospitals when sometimes they do not need to be brought in because they do not have symptoms that need to be treated. Reform or Defund? Through the discussion of the theoretical framework surrounding the relationship between the legal system and mental health, the current standards of police training when dealing with crisis calls and the downfalls exhibited due to these methods have slowly began to see improvement. With this in mind, one must consider what the best option for further progress is: police reform, or defunding the police? As demonstrated with the city of Camden, NJ, reform can have some really positive results in improving the police presence and mentality in your community. While many activists have called for defunding of the police, this would ultimately result in fewer police able to respond to calls, a lowered police mentality towards responding to calls and a lack of funding to improve the training for police where it really matters such as with de-escalation training (Rushin & Michalski, 2020). Reform allows police to put their current resources into aspects of the service that are left wanting. Many of the locations that activists want to redirect funds to are in the area of mental health services. Why not dedicate that money into proper police training in order to ensure that the first responders to a mental health call are the ones that have proper training? One example of this is with the Hamilton Police’s mobile crisis response teams. Adding twelve officers to this team, for example can increase response to crisis calls up to 85% (Wiesner, 2021). Another excellent example is with legislation changes. Making changes to the core role expectations that a police officer must fulfill and ensuring that the role encompasses training on how to interact with persons with mental illness and their crises would be beneficial, as a large majority of the calls that the police receive relate to issues 162
‘What Needs to Happen’ – Current Police Response to Mental Health Calls
of mental health and illness (Wiesner, 2021). Reform faces a lot of challenges,
though, mainly in that it requires more funding than what is currently available.
Despite the costs, however, it is evident that the benefits of a reform allow for police
to improve their response to situations moving closer to that gold standard of
policing rather than removing the numbers to do so.
References
Bartlett, P., & Schulze, M. (2017). Urgently https://www.mentalhealthcommission.ca/sites
awaiting implementation: The right to be free /default/files/Law_Police_Academy_Training
from exploitation, violence and abuse in _Education_Mental_Illness_Study_ENG_0_1
Article 16 of the Convention on the Rights of .pdf
Persons with Disabilities (CRPD).
International Journal of Law and Psychiatry, Criminal Code -R.S.C., 1985, c.C-46. (Updated
52, 2-14. 2020, July 1). https://laws-
http://dx.doi.org/10.1016/j.ijlp.2017.05.007. lois.justice.gc.ca/PDF/C-46.pdf
Biandudi, H., & O’Neill, P. [Not In Our Town]. Furness, T., Maguire, T., Brown, S., & McKenna,
Camden’s turn: A story of police reform in B. (2016). Perceptions of procedural justice
progress [Video]. and coercion during community-based mental
https://www.youtube.com/watch?v=arzTB4ji health crisis: A comparison study among
_Ig&feature=emb_logo stand-alone police response and co-
responding police and mental health clinician
Bielby, P. (2019). Not ‘us’ and ‘them’: towards a response. Policing: A Journal of Policy and
normative legal theory of mental health Practice, 11(4), 400-409.
vulnerability. International Journal of Law in https://doi.org/doi:10.1093/police/paw047
Context, 15(1), 51–67.
https://doi.org/doi:10.1017/S1744552318000 Husted, J. R., Charter, R. A., & Perrou, B. (1995).
149 California law enforcement agencies and the
mentally ill offender. Bulletin of the
Brennan, A., Warren, N., Peterson, V., Hollander, American Academy of Psychiatry and the
Y., Boscarato, K., & Lee, S. (2016). Law, 23(3), 315-329.
Collaboration in crisis: Carer perspectives on
police and mental health professional’s Lane, R. (2019). “I'm a police officer not a social
responses to mental health crises. worker or mental health nurse”: Online
International Journal of Mental Health discourses of exclusion and resistance
Nursing, 25(5), 452–461. regarding mental health‐related police work.
https://doi.org/10.1111/inm.12233 Journal of Community & Applied Social
Psychology, 29(5), 429-442.
Cotton, D., & Coleman, T. (2008). A Study of https://doi.org/10.1002/casp.2410
Police Academy Training and Education for
New Police Officers Related to Working with Lamb, H. R., Weinberger, L. E., & DeCuir, W. J.
People with Mental Illness. Mental Health (2002). The police and mental health.
Commission of Canada. Psychiatric Services, 53(10), 1266-1271.
163Are We There Yet? The Golden Standards of Forensic Science
https://doi.org/10.1176/appi.ps.53.10.1266 SIU Directors’ Report- Case #20-OFD-075.
(2020). Special Investigations Unit.
Marcoux, J., & Nicholson, K. (2017). Deadly https://www.siu.on.ca/en/directors_report_det
force Fatal encounters with police in ails.php?drid=1010
Canada: 2000-2017. CBCNews. Retrieved
March 5, 2021 from The Canadian Association of Chiefs of Police.
https://newsinteractives.cbc.ca/longform- (2000). A National Use of Force Framework.
custom/deadly-force https://www.cacp.ca/cacp-use-of-force-
advisory-committee.html?asst_id=199
Mental Health Act, RSO 1990, c M.7. (2015).
CanLII. Retrieved January 31, 2021 from
https://canlii.ca/t/52kkd
Ontario Superior Court of Justice. (2016, July
28). R. v. Forcillo.
https://www.falconers.ca/wp-
content/uploads/2016/07/R-v.-Forcillo-
2016onsc4850.pdf
Peel Regional Police. (2020, October 26). 24.7
crisis support Peel Dufferin program.
https://www.peelpolice.ca/Modules/News/ind
ex.aspx?newsId=80e6caa1-df88-4091-bb17-
ec03a0608d64#
Police Services Act, RSO 1990. (2020). Ontario.
Retrieved March 18, 2021 from
https://www.ontario.ca/laws/statute/90p15/v2
Rogers, W., Mackenzie, C., & Dodds, S. (2012).
Why bioethics needs a concept of
vulnerability. IJFAB: International Journal
of Feminist Approaches to Bioethics, 5(2),
11-38.
https://www.muse.jhu.edu/article/488232.
Rushin, S., & Michalski, R. (2020). Police
funding. Florida Law Review, 72(2), 277-
330.
Semple, T., Tomlin, M., Bennell, C., & Jenkins,
B. (2020). An evaluation of a community-
based mobile crisis intervention team in a
small Canadian police service. Community
Mental Health Journal, 57, 567-578.
https://doi.org/10.1007/s10597-020-00683-8
164You can also read
