Slips and capture

Slips and capture is a type of error that may occur in high-stress situations. According to studies in the psychology of human error to improve medicine and business, a person may inadvertently perform one action while intending to do another.

The term "slips and capture" became more widely known in the early 21st century in the United States, after being referred to by law enforcement in two prominent fatal police shooting cases in 2009 and 2015. In both cases, the police officer claimed to have shot a suspect while intending to use a Taser.

Background and history

The concept of "slips and capture" has been studied in the psychology of human error, and efforts to prevent error. It was thoroughly described in 1990 by James Reason.

The concept has been addressed in efforts to improve business, including computer and program design, and medical practices in order to avoid preventable error. Both terms are used in error terminology: slips are defined as "errors in the performance of skill-based behaviors, typically when our attention is diverted;" and capture refers to "a type of slip where a more frequent and more practiced behavior takes place when a similar, but less familiar, action was intended."

Shooting of Oscar Grant

Main article: BART Police shooting of Oscar Grant

Early on New Year's Day of 2009, Oscar Grant III was fatally shot by Bay Area Rapid Transit officer Johannes Mehserle, who was detaining the young man with others after a reported fight on the train. At his bail hearing in late January 2009, Mehserle said that he had intended to use his Taser, but inadvertently grabbed his pistol instead. In 2010 a jury convicted Mehserle of involuntary manslaughter, acquitting him of charges of voluntary manslaughter.

The phrase "slips and capture" was used by Bill Lewinski in 2009, a consultant in police use of force who was part of Mehserle's defense team. Lewinski was reported by the Wall Street Journal to have a doctorate in psychology from Union Institute & University, an online college. His company, Force Science Institute, specializes in consulting to police departments. Its website advertises: "We save lives and reputations." Lewinski published a newsletter article on the "Slips and Capture" theory in his "Force Science News #154" after he began work on the defense of Mehserle.

Shooting of Eric Courtney Harris

Main article: Shooting of Eric Courtney Harris

44-year-old Eric Courtney Harris was shot to death April 2, 2015 by Tulsa city police during an undercover sting in Tulsa, Oklahoma. As Harris was being subdued, Tulsa County Reserve Deputy Robert Charles "Bob" Bates, 73, fatally shot Harris in the back, according to the Tulsa County Sheriff's Office. Bates used the concept of "slips and capture" in his defense, saying that he had intended to use his Taser on Harris.

During a CNN interview in 2015, after this term was used by the Tulsa Police Department in reference to the fatal shooting of Eric Courtney Harris, a criminal justice expert said that there was no scientific basis for the theory of "slip and capture". He said most courts would reject the argument as inadmissible.