Chapter 1
THE PROBLEM AND ITS BACKGROUND

The terms less-than-lethal, less lethal, and non-lethal are frequently and inappropriately used interchangeably. Almost anything can become lethal if used improperly or if circumstances are extremely unlucky; weapons that are considered to be of Non-Lethal force only decrease the odds of deadly injury. The court addresses the use of less lethal force in the “objective reasonableness standard,” where questions regarding excessive use of force are to be judged from the perspective of a reasonable officer coping with a tense, fast-evolving situation. (Graham, Conner, 2009)
This revised standard alleviates some of the “Monday morning quarterbacking” that would otherwise result and respects that officers possess sound judgment skills. (Graham, Conner, 2009)
In some arrest situations and other law enforcement activities, the use of force may be required to protect the safety of the officer or the public. Occasionally, the threat to an officer or the public justifies the use of deadly force an amount of force that is likely to cause either serious bodily injury or death to another person. (Graham, Conner, 2009)
When use of force is required, but deadly force may not be appropriate, law enforcement officers may employ less-lethal weapons to gain control of a subject. Less-lethal weapons are designed to induce a subject to submit or to comply with directions. These weapons give law enforcement officers the ability to protect the safety of officers, subjects, and the public by temporarily incapacitating subjects. While less-lethal weapons are intended to avoid causing any serious harm or injury to a subject, significant injuries and death can occur from their use. However, the death of a subject is significantly less likely to occur from the discharge of a less-lethal or Non-Lethal weapon than from the discharge of a firearm. (Review of the Department of Justice’s Use of Less-Lethal Weapons 2009)
In the year 2009, 58,066 law enforcement officers were assaulted in the line of duty. Over 28% of the officers assaulted suffered personal injury. The majority of these officers were assaulted while responding to disturbance calls, which include domestic disputes and bar fights. The majority of the officers assaulted were assigned to one officer uniformed patrols. Nearly 81% of the assaults were committed with personal weapons, hands feet, fists etc. When officers were assaulted with personal weapons 29.8 % suffered injuries. Firearms only accounted for 3.3 % of assaults on officers. (The Role of Less- Lethal Weapons in Law Enforcement 2010)
Most of the complaints in which officers were assaulted started as misdemeanor calls, which generally do not call for the use of deadly force.
Based on the above statistics an officer is most likely to suffer an injury when confronting an unarmed individual while working alone on uniformed patrol and answering a disturbance call. It would therefore be reasonable to provide the officer with the means to protect himself, which is less than the lethal force of a firearm and a greater force than personal weapons. (The Role of Less- Lethal Weapons in Law Enforcement 2010)
Editor's note: Iris Baez is a member of the Justice Committee in New York, a longtime activist for accountability and justice in police brutality cases, and the mother of Anthony Baez, who was killed by a New York Police Department officer's use of a chokehold in 1994.
Although details are still emerging in this most recent tragedy, we know an officer repeatedly shot and killed an unarmed 18-year-old black man, Michael Brown, in a St. Louis suburb last weekend -- less than two days before he was scheduled to attend college. (CNN 2014)
Last month, Eric Garner, another unarmed black man, died from an illegal police chokehold during an encounter on Staten Island, New York. (CNN 2014)
Nearly 20 years ago, my son Anthony Baez also died in an illegal police chokehold. Anthony was playing football in the street with his brother when their ball accidentally hit a police car. Instead of addressing real public safety issues, a New York police officer chose to harass my sons brutally. (CNN 2014)
Twelve years after Anthony was killed, New York police officers fired at an unarmed Sean Bell 50 times and killed him the night before his wedding. The detectives who were responsible were acquitted of criminal charges. (CNN 2014)
Just three years later, a BART police officer in Oakland, California, shot and killed 22-year-old Oscar Grant while he was face down on a subway platform, posing no threat. It inspired a movie, "Fruitville Station." The transit police officer who shot him was convicted of a lesser charge of involuntary manslaughter and spent 11 months in prison. (CNN 2014)
These are just some of the dozens of police killings of unarmed Americans by law enforcement over the last decades. These tragedies and injustices happen year after year, and people of color primarily black and Latino are usually the victims. (CNN 2014)
The Philippine National Police (PNP) leadership on Wednesday ordered changes in its recruitment policy and a nationwide retraining of police officers after a string of crimes were linked to policemen. (Crimes by cops batter PNP image abs-cbnNEWS.com 2011)
Most of the cases filed against police officers include grave misconduct, rape, illegal discharge of firearms, and abuse of authority. Since Robredo assumed office, the Department of Interior and Local Government (DILG) identified hard-line cases – illegal drugs, rape, illegal discharge of firearms, abuse of power, homicide - which automatically result in the police officer placed in preventive suspension until the case is resolved. Robredo now aims for a zero backlog, wherein cases that have remained unresolved for more than 5 years are now being reviewed. (Crimes by cops batter PNP image abs-cbnNEWS.com 2011)
Article III of the Philippine Constitution, Section 1 clearly states that “No person shall be deprived of life, liberty, or property without due process, nor shall any person be denied the equal protection of the laws”. This signifies that even felons or criminals who have violated any Law, they still need to be treated with equal protection of the Law itself and they are still entitled of their rights as a decent human being. (Philippines Constitution)
CHR condemns police abuses. The chairwoman of the Commission on Human Rights, meanwhile, condemned the string of abuses committed by police. (Crimes by cops batter PNP image abs-cbnNEWS.com 2011)
In a strongly worded statement, CHR Chairwoman Loretta Ann Rosales said those responsible for gross human rights violations must be held to account for their actions. (Crimes by cops batter PNP image abs-cbnNEWS.com 2011)
"In a democratic society such as ours, the rule of law must serve to buttress, not diminish, the fundamental rights and freedoms of individuals. When the police violate these human rights, instead of guaranteeing them, they become no better than the worst criminal elements. They become part of the problem, a veritable cancer gnawing at the sinews of our democracy," she said. (Crimes by cops batter PNP image abs-cbnNEWS.com 2011)
Importance of the study This study determines the effects of non lethal weapon as an alternative way on arresting felons. This study is made to increase the awareness of people, about the importance of the preservation of one’s rights.
Related Literature The United States Department of Justice Uniform Crime Report for 20010, Section II breaks down information on assaults committed on sworn city, county and state law enforcement officers. The information is collected monthly from URC program participants who submit data through their state UCR programs or directly to the FBI. Information was collected from 9,987 law enforcement agencies in the year 2010. (Schiller. D, 2010)
The United States Department of Justice and the National Institute of Justice published the results of several funded studies to develop less and non- lethal weapons for law enforcement use. These studies were funded by the National Institute of Justice and conducted by industry and private and military research facilities. The proposed research ranged from extreme sci-fi to practical tool development. (Schiller. D, 2010)
The police marksman magazine published an article about Oleoresin Capsicum and a field study conducted by the New Britain, Connecticut Police Department. This study found that the spray was highly effective, easy to use, inexpensive and training time for officers was minimal. (Schiller. D, 2010)
Police Magazine outlines various non-lethal weapons in use by the German SEK and the successes they have had with these weapons in situations ranging from barricaded gunmen to hijackings and high-risk arrests.
CNN, Cable News Network recently carried an Associated Press story about laser beams and directed energy systems as less lethal weapons currently in development. (Schiller. D, 2010) Many less lethal and non-lethal weapon systems are available or in development today. As technology increases so will the options for law enforcement. Many of these systems are not practical for all agencies some are not practical for any agency. The goal is to locate a less lethal system that works, is easy to use and is inexpensive. One that will stand up to the test of the court systems and be accepted by the community it is being used in. There is no question that less lethal systems have a place in law enforcement and failure of a municipality to provide officers with a less lethal option is irresponsible. A lack of a less lethal system can easily lead to rapid escalation on the force continuum ladder as well as unnecessary officer injuries. When officers are provided more options and the training that goes with these new options, citizen complaints against officers should decline. (Kaminski, R., & Martin, J. 2010)
CONDUCTED ENERGY WEAPONS:
STUN GRENADE
Keeping Officers a safe distance from potentially dangerous persons while still controlling their behavior led the experiments with distraction and disorientation devices. These devices use sound, lights or a combination of both to disorient a suspect. White lights flashing lasers and strobe lights were developed for uses in jails and prisons to disorient an inmate long enough so officers can gain physical control of him. Strobe lights used in low light areas or areas where light sources can be control can actually interrupt or disable coordinated motor movements of a suspect. (Sergeant, J. 2003)
The most commonly used disorientation device currently in use is the flash bang grenade. This device is used by SWAT teams to distract suspects prior to making an entry on barricaded suspects or during hostage situations. The flash delivers a bright light and the bang a loud noise that distracts the suspect long enough for officers to make an entry. One of the ideas surrounding flash bangs being developed is increasing the flash by using pulses or bursts of light bright enough to temporarily blind anyone in the room. The device would be small enough to toss into a room and flash continuously until disabled by an officer. Goggles are being developed with a gating device that would be synchronized to open and close as the light flashes. The goggles would close when the light flashes and open when the light is off. (Sergeant, J. 2003)

ELECTRIC TASERS
The TASER (so named after the inventors’ science fiction interests as the “Thomas A. Swift’s Electric Rifle”) is currently being tested or is used in over 7,200 law enforcement, military, and correctional agencies throughout the United States and abroad (U.S. Government Accountability Office, 2009). TASER International continues to advertise their device as among the safest and most effective less-than lethal force choices available, claiming that TASER use reduces officer shootings and suspect injurie. Early studies indicated this weapon’s effectiveness ranged from 50 to 85% (Donnelly, 2008) when deployed. In a pilot study examining a random selection of 400 deployments, the TASER was found to be immediately successful in 68% of the cases (Mesloh, Henych, Hougland, & Thompson, 2010); this rate is refuted in a second study by White and Ready (2012) who found that 68.6% of suspects continued to resist after a TASER deployment. Some literature shows that since the TASER’s deployment in 2000, the use of deadly force by officers and the number of officers injured during arrest confrontations has been dramatically reduced (Hopkins & Beary, 2009; Mesloh & Hougland, 2008). Powered by high-pressure air, the darts fired from the TASER are tethered on wire that can reach from 15 feet (civilian model) to 31 feet (law enforcement model). However, in order for the TASER to be effective in gaining compliance, both probes must strike the target, preferably with a spread of about one foot between the probes. Despite the length of the wire, recent best practices guides by the Police Executive Research Forum (PERF) suggest restricting targeting to less than 15 feet. This is consistent with other studies, which indicate that beyond 15 feet, accurate placement of probes is difficult (Mesloh et al., 2008). Reviewing a random sample of 50 cases where the TASER was found to be ineffective, 38% could be explained by the fact that both probes missed the target (Mesloh et al., 2008). A recent study conducted by Mesloh and Thompson (2008) on the spread rates of the TASER probes found that probes separated at a rate of approximately two inches for every foot of distance between the TASER and the suspect. Again in support of the PERF guidelines, this study found that the maximum feasible distance was 15 feet as any distance beyond that, even though the probes are capable of traveling further, results in too great of a spread between probes. At 15 feet, the probe spread is approximately 30 inches, which is pushing the envelope on the dimensions of a person’s torso. Consequently, ineffective TASER deployments are more related to distance factors than the suspect’s ability to fight through the electricity (Mesloh & Thompson, 2008). Other failures were explained by a suspect wearing baggy clothing or by a number of weapon malfunctions. (Mesloh, C., & Thompson, L. F. 2008)

LESS LETHAL AMMUNITION:
12 GAUGE BEAN BAG
Less lethal impact munitions fire a projectile that will provide a transfer of kinetic energy that will impact and potentially incapacitate a suspect. Different launchers and projectiles are on the market, with many projectiles existing to fit the specific need of individual scenarios. Currently, all 12-gauge munitions must be fired from a pump action shotgun in order for the ammunition to cycle correctly, and the 37/40-mm launchers are available in single shot and six chamber designs. (Kenny, Heal, & Grossman, 2010).

COMPRESSED AIR WEAPONS
FN303 Less Lethal Launcher
The FN303 is built by FNH USA and utilizes fin-stabilized plastic projectiles to deliver paint-marking rounds and OC rounds on target. Since FNH USA also manufactures the M16 family of weapons for the U.S. military, many of the components on the weapon should be familiar to anyone who has handled an M16 or AR15. The pistol grip is identical to the M16, and the iron sights are from the M16A2. In addition, the launcher has a picatinny rail for mounting optics, and the upper receiver of the launcher can be mounted beneath the M16 in place of the M203 grenade launcher. Independent tests by Bertomen (2012) found the FN303 to be accurate to over 50 yards, shooting four-inch steel plates; however, the weapon’s sights are set at 30 yards. The primary drawback is the launcher’s 15-round magazine capacity. The ammunition for the FN303 is a proprietary fin-stabilized .68 caliber round that has a muzzle velocity of 280 to 300 feet per second. The weapon should not be used at distances closer than three feet; at distances up to 12 feet an operator should only target the thighs as strikes to the center mass may cause serious injury or death (FN Herstal, 2013). Beyond 12 feet, the torso is the POA. The manufacturer’s literature states that the air reservoir will allow 110 firings before the air tank must be refilled; however, FN303 representatives place the number of shots at approximately 79 before a refill is necessary. (Bertomen, L, 2012)

PEPPER BALL
The Pepper Ball family of launchers is designed around Tippmann paintball markers and operates in the same fashion. The stated muzzle velocity for the PepperBall launcher is 300 to 380 feet per second, and the projectiles have 8- to 12-foot pounds of kinetic energy. The standard air system for the Pepper Ball utilizes a 13 cubic inch bottle, and when charged to 3,000 psi, it can launch 130 projectiles. A larger 47 cubic-inch bottle exists that can launch 450 projectiles. A 68 cubic-inch bottle exists and is capable of launching 850 projectiles. The hopper on the Pepper Ball launcher can hold 180 projectiles. According to the Pepper Ball system instructor-training manual, “Pepper Ball operators must understand that thirty feet is the farthest distance to target individual suspects. The lightness of the projectiles makes the ballistic accuracy fall off dramatically past thirty feet” (Bedard & Cole, 2011, p.24); however, the manufacturer claims that it is safe to engage a target at point blank range with the Pepper Ball system. The Pepper Ball launchers fire a .68 projectile modeled off of a traditional paintball round; the primary payloads are PAVA, glass shattering rounds, paint marking rounds, inert training rounds, and an anti-freeze round for use in colder climates. PAVA is the abbreviation for pelargonyl vanillylamide, and is a synthetic form of OC. The Pepper Ball manual (Bedard & Cole, 2011) states that subject compliance is brought on by a combination of the three factors of shock (associated with being struck with an object), pain (resulting from impact), and the chemical irritant in the payload. The Pepper Ball launcher’s best attribute is in the incapacitation effect of their PAVA (a synthetic OC) rounds. Mesloh and Thompson (2009) found the effects of PAVA to be “immediate and incapacitating” and that they created a burning sensation to any exposed skin surface. (Bedard, R., & Cole, D. 2011)

RELATED STUDIES
LESS LETHAL MUNITION
12 Gauge Bean Bag
The bean bag round consists of a small fabric “pillow” filled with #9 lead shot weighing about 40 grams (1.4 oz). It is fired from a normal 12-gauge shotgun. When fired, the bag is expelled at around 70 to 90 metres per second (230 to 300 ft/s); it spreads out in flight and distributes its impact over about 6 square centimetres (1 sq in) of the target. It is designed to deliver a blow that will cause minimum long-term trauma and no penetration but will result in a muscle spasm or other reaction to briefly render a violent suspect immobile. The shotgun round is inaccurate over about 6 metres (20 ft) and has a maximum range of around 20 metres (70 ft). Changes to the bean bag round since its inception in the early 1970s have included a velocity reduction from 120 to 90 metres per second (400 to 300 ft/s) as well as a shift from a square shape to a more rounded sock-shaped projectile. Shotguns dedicated to being used for bean bag rounds are often visibly modified with either yellow or green markings, or bright orange stocks and stops, to reduce the possibility that a user might inadvertently load lethal munitions into the weapon. (Donnelly, T. 2010) Bean bag rounds are used when a person is a danger to themselves or others but is not a direct threat in such a manner that deadly force would be appropriate - typically a suicidal individual with a bladed weapon. The round is intended to disable the person without killing him/her. (Donnelly, T. 2010)
COMPRESSED AIR WEAPONS
FN303 Less Lethal Launcher The FN 303 uses compressed air to fire projectiles from a 15-round drum magazine. It is designed to incapacitate the target through blunt trauma without causing critical injuries, and is most widely used for riot control and other kinds of combat where lethal weapons should be avoided. (DuBay, D. K., & Bir, C. A. 2014)
The 303 can be fired from the shoulder using adjustable iron sights, or it can be mounted in an under-barrel configuration on most assault rifles when its stock assembly is removed (in this configuration, it is designated M303). It also comes with a top-mounted Picatinny rail that can fit most commercial weapon accessories, such as telescopic sights, laser sights and tactical lights. FN markets its own set of accessories for the launcher, including tactical vests, slings, carrying bags, and gas compressors. It is accurate at distances up to 35 metres. (DuBay, D. K., & Bir, C. A. 2014)
The FN 303 is a semi-automatic less-lethal riot gun designed and manufactured by Fabrique Nationale de Herstal. The FN 303's projectiles have been specifically designed to break up on impact, reducing risks of penetrating injuries. Typical operating scenarios include domestic violence intervention, marking violent suspects and building surveillance. (DuBay, D. K., & Bir, C. A. 2014)

PEPPER SPRAY A temporarily disabling aerosol that is composed partly of capsicum oleoresin and causes irritation and blinding of the eyes and inflammation of the nose, throat, and skin. Recently with the influx of Occupy Protests, there has been an increase in law enforcement usage of Oleoresin Capsicum (OC) or Pepper Spray. Over the past few weeks, nearly every media outlet in the country from Fox News to the New York Times has shed light on pepper spray deployment to disperse protestors and crowds. In fact, OC sprays commonly referred to as mace, personal safety sprays and pepper spray have become an internet meme and with that, several questions, myths and misinformation have circulated. Many wonder how dangerous is pepper spray and what are the most common effects. (Fox News, 2009)
In July 2008, the Force Science Research Center released the results of a study ranking the “risks of injury from 5 major force options” available to law enforcement officers. The study, conducted by the Calgary Police Service and Canadian Police Research Center, focused on the following most common force options: Empty-hand control techniques, Baton, OC spray (pepper spray), Conducted energy weapons (Tasers) and Lateral vascular neck restraint. (Cohen, M. 2013)
OC spray or pepper spray “produced the lowest rate of injury”. In fact, “more than 80% of the sprayed subjects sustained no injury whatever and no injuries were fatal or even resulted in hospitalization”. The majority of the above are self explanatory. The biggest advantage pepper spray provides the user, whether law enforcement or civilian, is the involuntary eye closure. Even if the subject cannot feel pain due to drugs, alcohol or being emotionally disturbed, the inflammatory effects of pepper spray cause the eyes to close temporarily when the ocular area is saturated. (Cohen, M. 2013)
CONDUCTED ENERGY WEAPONS
STUN GRENADE
A stun grenade, also known as a flash grenade or flashbang, is a non-lethal explosive device used to temporarily disorient an enemy's senses. It is designed to produce a blinding flash of light and intensely loud noise "bang" of greater than 170 decibels (dB) without causing permanent injury. It was first developed by the British Army's SAS in the 1960s. (Meltzer, M. 2011)
The flash produced momentarily activates all photoreceptor cells in the eye, making vision impossible for approximately five seconds, until the eye restores itself to its normal, unstimulated state. The loud blast is meant to cause temporary loss of hearing, and also disturbs the fluid in the ear, causing loss of balance. (Meltzer, M. 2011)
The concussive blast of the detonation can still injure, and the heat created can ignite flammable materials such as fuel. The fires that occurred during the Iranian Embassy siege in London were caused by stun grenades. (Meltzer, M. 2011)
Unlike a fragmentation grenade, stun grenades are constructed with a casing made to remain intact during detonation, containing most of its explosive force and avoiding shrapnel injuries, while having large circular cutouts to allow the light and sound of the explosion through. The filler consists of a pyrotechnic metal-oxidant mix of magnesium or aluminum, and an oxidizer such as ammonium perchlorate or potassium perchlorate. (Meltzer, M. 2011)
TASER
The Taser is an electronic control device that uses a nitrogen-air-cartridge propulsion system to launch two probes tethered to an electrically charged cartridge.The hand-held device delivers an incapacitating pulse that can temporarily overcome the sensory and motor functions of a targeted individual’s nervous system. Throughout the past three years, the U.S. Air Force has employed the Taser more than 15 times, all with positive results. During these incidences, the Taser was credited with saving the lives of two individuals who were threatening suicide. The Taser’s high success rate is making it the non-lethal weapon of choice for Police officers in service. (Sal Hernandez, 2014)
The Taser has proven to be one of security forces most successful fielding of a weapons system. Our Airmen are getting training, issued Tasers, and using sound judgment when employing the devices. I review all the after-action reports for Taser employment, and our folks are very confident of the Taser’s capabilities, and their skills due to our training program. (Sal Hernandez, 2014)

Objective of the Research Study
The researcher conducted this review to determine the types of less-lethal weapons used by the Department’s law enforcement components, the extent to which they are using these weapons, whether training and controls have been implemented to ensure the weapons are used properly, whether department components have identified the impact of using these weapons on their missions and whether the Department assesses, deploys, and oversees new and emerging less-lethal weapon technologies. In addition, the review examined research related to less-lethal weapons conducted. The researcher also reviewed the Civil Rights Division’s investigations of less-lethal weapon usage by Department law enforcement components and state and local law enforcement agencies.
Research Paradigm

Statement of the Problem
This research focuses on the perceived effects of Non Lethal Weapon as an alternative way of arresting felons and also its contribution on preserving one’s rights and safety.
1.) What is the percentage level of effectiveness of safely arresting felons in terms of:
1.1. Conducted Energy Weapon
1.2. Less Lethal Ammunition
1.3. Compressed Air Weapons
2.) What is the percentage level of Non Lethal weapon’s efficacy in terms of:
2.1. Use of Non-Lethal Weapon
3.) Is there any significant effect in reducing violation of rights and illegal use of firearm when using Non Lethal/Less Lethal Weapon when arresting felons?
Research Hypothesis
There is no significant relationship between the use of non-lethal weapon and the safety between the law enforcer and the arrestee.

Definition of Terms
Conducted Energy Weapons - are less-than-lethal weapons designed to deploy an electric current through the body of the target to temporarily cause loss of muscle control.
Less Lethal Munitions - fire a projectile that will provide a transfer of kinetic energy that will impact and potentially incapacitate a suspect.
Compressed Air Weapons - is any variety of projectile weapons that propels projectile by means of compressed air or other gas in contrast to firearms which use a propellant charge.
Non Lethal Weapon - are weapons which are explicitly designed and developed to incapacitate or repel personnel, with a low probability of fatality or permanent injury or to disable equipment with minimal undesired damage or impact in the environment.

Chapter 2
Design and Methodology

Research Design
The study used the descriptive research to describe characteristics of a population or phenomenon being studied. It does not answer questions about how/when/why the characteristics occurred.
Population and locale of the study The respondents of the study are selected Police Officers of Sta. Cruz Laguna, where the researcher will conduct the study. The data were gathered using questionnaires prepared by the researcher. It is composed of questions pertaining to the effects of the use of Non-Lethal/Less lethal weapon as an alternative way on arresting felons as perceived and encountered by the Police officers in rendering service. The respondents of the study are selected Police officers at the said Municipality. The target population is twenty (20) Police Officers and ten (10) Barangay Officials that will serve as a basis to determine if every Police Officer is capable of rendering quality Service with or without the presence of Firearm. In accordance to the study, the researcher randomly selected the respondents.

Data gathering procedure
The researcher reviewed relevant theories and literatures from articles, thesis, and electronic publications related to the study.
The gathering and analysis of data will be conducted after the approval of the said questionnaire. Once the data were gathered, they were collated, summarized, and analyzed. The results were presented in textual, tabular, and graphical form as necessary.

Treatment of the data The gathered data were statistically treated using t-test. Where, x1¯ = Mean of first set of values x2¯ = Mean of second set of values
S1 = Standard deviation of first set of values
S2 = Standard deviation of second set of values n1 = Total number of values in first set n2 = Total number of values in second set.
The formula for standard deviation is given by:

Where, x = Values given x¯ = Mean n = Total number of values.