Cecily Zamora
The use of chokeholds by law enforcement has been a highly controversial topic in recent years, with many calling for reform and scrutiny of police practices. While some police departments have prohibited or limited the use of chokeholds, there is currently no federal ban on chokeholds in the United States. However, the Department of Justice has announced department-wide policies that explicitly prohibit the use of chokeholds and carotid restraints unless deadly force is authorized. Additionally, states like California and New Jersey have implemented their own bans on the use of chokeholds by law enforcement, with the exception of extreme situations where officers believe there is an imminent danger of death or serious injury. The use of chokeholds has resulted in tragic incidents, such as the death of George Floyd, sparking protests and legislation aiming to outlaw the practice and hold law enforcement accountable for their actions.
| Characteristics | Values |
|---|---|
| Chokehold defined | Lethal hands-on maneuvers that may cut off the supply of blood and oxygen to the brain |
| Chokehold types | Strangleholds, neck restraints, carotid restraints, rear naked chokehold |
| Chokehold effects | Blocking blood flow to the carotid arteries, restricting blood flow to the brain, reducing air intake |
| Chokehold use | Only in self-defense cases, as a last resort, when the officer believes the subject's actions can cause death or serious injury |
| Chokehold legality | Prohibited by the Department of Justice, banned in California and New Jersey |
| Chokehold alternatives | Pepper spray, stun guns, batons, bola wraps |
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What You'll Learn
Chokeholds defined as lethal force
Chokeholds are a controversial restraint technique used by law enforcement officers. The term "chokehold" refers to a range of different restraint techniques that involve grabbing someone around the neck.
Chokeholds are considered "lethal hands-on maneuvers" that can cut off the supply of blood and oxygen to the brain, leading to unconsciousness or death. The Stanford Center for Racial Justice's Model Policy defines chokeholds as:
> lethal hands-on maneuvers that may cut off the supply of blood and oxygen to the brain.
This definition includes strangleholds, neck restraints, and carotid restraints. The Model Policy prohibits the use of any chokeholds and outlines directives and prohibitions on breathing impairments, including strikes to the neck and positional asphyxia.
The use of chokeholds by law enforcement has come under scrutiny following several high-profile deaths, including that of Eric Garner in 2014. Garner, an African-American man, died during an attempted arrest by New York City police officers. Video footage of the arrest showed the arm of Officer Daniel Pantaleo on Garner's neck prior to his death. A grand jury elected not to indict Pantaleo, sparking public outrage and demonstrations across the United States, particularly within the African-American community.
Due to the lethal nature of chokeholds, their use by law enforcement has become increasingly restricted. The Department of Justice has announced department-wide policies explicitly prohibiting the use of chokeholds and carotid restraints unless deadly force is authorized. This means that chokeholds can only be used when an officer reasonably believes that the subject poses an imminent danger of death or serious physical injury to themselves or others.
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US state laws and bans
In the United States, there is currently no federal ban on chokeholds, and there is no national standard on what constitutes excessive force. However, some states and police departments have implemented their own restrictions and bans on the use of chokeholds by law enforcement.
California
California has implemented a ban on police chokeholds, which includes carotid restraints and any other use of force that could hinder a person's breathing or circulation. The law, AB 1196, was signed by Governor Gavin Newsom on September 30, 2020. This ban is a significant step towards police reform and holding officers accountable for their actions. It sets clear guidelines for the use of force and prohibits the use of chokeholds except in self-defense cases when the officer believes the subject's actions can cause death or serious bodily injury.
New Jersey
New Jersey also has restrictions on the use of chokeholds, which are outlined in the state's Use of Force policy. Chokeholds are considered a form of deadly force and are only allowed as an absolute last resort when the officer believes there is a substantial risk of serious injury or death. The policy also prohibits strikes to the neck or head area of a civilian, except in specific last-resort scenarios.
Federal Level
At the federal level, the Department of Justice has announced department-wide policies that limit the use of chokeholds and carotid restraints. These policies prohibit the use of such techniques unless deadly force is authorized, meaning the officer has a reasonable belief that the subject poses an imminent danger of death or serious injury to themselves or others.
While there is no federal ban on chokeholds, Senator Kirsten Gillibrand introduced bicameral legislation called the Eric Garner Excessive Force Prevention Act. This legislation aims to make the use of chokeholds or maneuvers that restrict oxygen intake or blood flow to the brain by law enforcement a federal civil rights violation. The bill is named after Eric Garner, who died as a result of a chokehold used by a police officer, and it is endorsed by leading civil rights groups.
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Federal civil rights violation
In 2020, U.S. Senator Kirsten Gillibrand (D-NY) introduced Senate legislation, the Eric Garner Excessive Force Prevention Act, which would make the use of chokeholds by law enforcement unlawful under federal civil rights law. The legislation was introduced in response to the death of George Floyd, an unarmed African-American man who was subdued by four officers, including one who knelt on his neck for nine minutes as he repeated, "I can't breathe."
The Eric Garner Excessive Force Prevention Act would define the use of certain maneuvers that restrict oxygen intake or blood flow by law enforcement as a deprivation of rights under 18 U.S.C. § 242. Specifically, it would cover "the application of any pressure to the throat or windpipe, use of maneuvers that restrict blood or oxygen flow to the brain, or carotid artery restraints which may prevent or hinder breathing or reduce intake of air." The Act has been endorsed by leading civil rights groups, including the National Action Network, The Leadership Conference on Civil and Human Rights, and the American Civil Liberties Union.
While some police departments have prohibited, limited, or discouraged the use of chokeholds, there is currently no federal ban on chokeholds in the United States. The Department of Justice has announced department-wide policies that explicitly prohibit the use of "chokeholds" and "carotid restraints" unless deadly force is authorized. However, this policy only applies to federal law enforcement agencies and does not extend to state or local law enforcement.
The use of chokeholds by law enforcement has been a controversial issue, with many incidents resulting in serious injuries or deaths. In one case, Officer Lopera used a "rear naked chokehold" on Tashii Farmer, blocking the blood flow in his carotid arteries and resulting in his death. Lopera was initially charged with involuntary manslaughter and "oppression under color of office," but a grand jury decided against indicting him.
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Police accountability and reform
Chokeholds are defined as "lethal hands-on maneuvers that may cut off the supply of blood and oxygen to the brain" and include strangleholds, neck restraints, and carotid restraints. The use of chokeholds by law enforcement has resulted in several tragic deaths, including that of George Floyd, who was subdued by four officers, one of whom knelt on his neck for nine minutes as he repeatedly stated, "I can't breathe."
In California, the Gavin Newsom administration signed AB 1196 into law on September 30, 2020, banning the use of chokeholds and carotid restraints by law enforcement. The law makes it illegal for police officers to use any force that could hinder a person's breathing or circulation and requires officers to intervene and report incidents of prohibited force used by their colleagues. This ban is a significant step towards police accountability and sets a clear guideline for the use of force, with the hope that other states will follow suit.
Similarly, in New Jersey, while chokeholds are not entirely prohibited, they can only be used as an "absolute last resort" when the officer believes there is an imminent danger of death or serious injury. New Jersey's Use of Force policy, updated in April 2022, defines a chokehold as any action that includes direct pressure on the front of the neck, windpipe, or carotid artery, resulting in restricted airflow or loss of consciousness.
At the federal level, the Department of Justice announced a department-wide policy in 2025, limiting the use of chokeholds and carotid restraints unless deadly force is authorized. This policy aims to build trust and confidence between law enforcement and the public and improve law enforcement practices.
The push for reform and accountability has also been seen in the introduction of bicameral legislation, the Eric Garner Excessive Force Prevention Act, by Senator Kirsten Gillibrand. This legislation aims to make the use of chokeholds by law enforcement a federal civil rights violation, classifying them as a "deprivation of a right, privilege, or immunity" and a "punishment, pain, or penalty."
The efforts to ban chokeholds and increase police accountability are a direct response to the issue of police brutality and the scrutiny of police practices in the United States. These reforms are essential steps towards ensuring police officers are held to a higher standard and are accountable for their use of force.
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Police brutality and institutional racism
A chokehold is a lethal hands-on manoeuvre that may cut off the supply of blood and oxygen to the brain, leading to unconsciousness or even death. While some police departments have prohibited or discouraged the use of chokeholds, there is currently no federal ban on their use in the United States. However, states like California and New Jersey have taken steps to ban or restrict the use of chokeholds by law enforcement.
The lack of a federal ban on chokeholds has led to protests and demands for reform across the country. In response to these calls for change, Senator Kirsten Gillibrand introduced the Eric Garner Excessive Force Prevention Act, which would make the use of chokeholds by law enforcement a federal civil rights violation. This legislation aims to hold law enforcement accountable for their actions and prevent further instances of police brutality.
The use of chokeholds by law enforcement is a controversial issue that has sparked debates across the United States. While some argue that chokeholds are a necessary tool for law enforcement to protect themselves and others from imminent danger, others believe that they are a form of excessive force that has led to unnecessary deaths, particularly among communities of colour. The debate surrounding the use of chokeholds is often tied to larger conversations about police brutality, institutional racism, and the need for police reform to ensure fair, safe, and equitable practices for everyone.
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Frequently asked questions
In the US, there is no federal ban on chokeholds. However, some states like California and New Jersey have banned the use of chokeholds by law enforcement. Additionally, the Department of Justice has implemented policies that limit the use of chokeholds by federal law enforcement.
A chokehold is a lethal hands-on maneuver that may cut off the supply of blood and oxygen to the brain. This includes strangleholds, neck restraints, and carotid restraints.
Law enforcement officers who use chokeholds may face criminal charges, civil lawsuits, and internal disciplinary action. The specific consequences depend on the jurisdiction and the circumstances of the incident.
Alternatives to chokeholds for law enforcement include less-lethal means of restraint such as pepper spray, stun guns, batons, and bola wraps.
