Date

4-18-2025

Department

Helms School of Government

Degree

Doctor of Philosophy in Criminal Justice (PhD)

Chair

Carlton Ray Lewis

Keywords

SWAT, jury-nullification, liability, phenomenology, militarization

Disciplines

Legal Studies

Abstract

SWAT deployments, the militarization of police, and the use of force by law enforcement are frequent staples of media attention, harsh public opinion, and judgment from the public. The public, with specific legislative limitations on demographics, such as age and criminal history, comprises those individuals selected to sit on juries, which make decisions about the reasonableness of police conduct in SWAT operations. SWAT teams wear militaristic uniforms, are heavily armed, and respond to hostage rescues, counterterrorism operations, apprehending armed and dangerous fugitives, serving high risk search and arrest warrants, active shooter response, and other high-risk operations. The concept and practice of jury nullification, where the jury ignores the law and makes a decision based on conscience rather than the law, emphasizes the importance of public opinions, attitudes, and beliefs among prospective jurors, are exceedingly relevant and important topics for law enforcement organizations. This study focused on public attitudes related to SWAT teams, the liability associated with these teams, and operations, as the public perception of law enforcement's decisions, training, and regulations related to using militarized resources can affect a jury's decision in such cases. This study used a phenomenological design to examine public perceptions of SWAT deployments, including training expectations, standards, regulations, and appropriate deployment conditions.

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