Let me chime in here and suggest an easy solution to this problem. I did mention a modifed LEO model kel-tec that had "idiot proof" selection between lethal and non-lethal tubes. (Again, it was half tongue in cheek because of the potential for tragic error). Timothy's post brings this closer to home. A good rule of thumb could be that an officer is NOT to fire a "non-lethal" projectile unless lethal force would be justified. Lots of folks have died from rubber bullets (aka Thatcher dlidos) around the world. Basically, if the ROE were don't fire if you aren't justified in killing, than the liability issue would vanish. It would be just a matter of discretion. Tear gas, pepperspray, tasers, batons would all be available for crowd control. But buckshot or a bean bag, the only question the officer would need to answer would be "was the shoot justified"? The particular projectile chosen would simply be a tactical call, much like shotgun vs pistol. Just a thought.
FQ13