The Taser as a policing tool: Criminological and forensic keys for a rights-based regulatory framework within the european and latin american legal spheres

Abstract

Taser-type conducted energy devices (CEDs) have established themselves as pivotal instruments within the police continuum of force; however, their regulatory and operational expansion has outpaced the production of integrated scientific evidence and its subsequent translation into homogeneous legal standards. Drawing on doctoral research comprising a systematic review of over 500 studies (2010–2024), a comparative analysis of regulatory frameworks, and case study methodologies, this work examines the operational effectiveness of the Taser, its medico-forensic consequences, and the constitutional and human rights implications of its deployment. The study proposes a rights-based (garantista) normative framework that articulates criteria of necessity, proportionality, independent oversight, and reinforced protection for vulnerable groups, with particular emphasis on the European and Latin American contexts. This article argues that the crux of the matter lies not so much in the technology itself as in the conditions of its implementation: the quality of training, the density of ex post controls, transparency, and democratic participation in the formulation of public policies regarding less-lethal force.