Introduction
Enforcing the law is a complex and a continuously evolving challenge. Likewise, managing the enforcers can be equally if not more challenging. Gone are the days of “We gave you a gun and a badge, go forth, and do the right thing!” At every turn, the modern law enforcement agency should be cautious about exposing itself to situations that create high or unnecessary risk. By utilizing thorough risk assessment techniques, continuous forecasting combined with continuous training; we can bolster and mitigate the agencies defense against liability. In essence, we need to be offensive thinkers in order to build a strong defense. This process should be continuous as our policies and procedures are living documents and customs.
Recent studies show the most troubling legal problems facing law enforcement agencies today is the impact of criminal and civil liability. The amount of police litigation appears to be increasing with a movement towards larger monetary damage awards. Today’s reality is law enforcement agencies are increasingly being litigated. It appears the shift has moved from the slip and fall, mom and pop type business, to governmental agencies with deep pockets. This trend combined with the increasing violence in our schools, malls, churches, and movie theaters, make for a treacherous environment for modern policing.
In Law Enforcement, liability is created in many ways; Vicarious Liability, Failure to Train, Failure to direct, Failure to supervise; violations of USC 1983. These are just a few examples in an ocean of potential pitfalls we face in our chosen careers. This research paper will attempt to address some limited areas of liability, specifically training or failure to train, which agencies, supervisors, ...
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...ssues that each officer must abide by, therefore it would make the police profession more streamlined and professional possibly lending credit to our profession and reducing litigation.
In closing, I would ask that you look at all your personnel and ask, is he or she ready to testify at the next Rodney King trial. If not, how can we better protect the agency, yourself, and that hard working law enforcement officer become prepared for a similar life altering event.
References
Grossman, R. (2003). Law enforcement liability risk. In Florida Partnership for Safety and Health (Ed.), Loss control best practices (1-10). Tampa, FL: Public Entity Risk Institute
Kappeler, V. E. (1992). Police liability. Police Liability Review, 4(Fall)
Conn v. City of Reno 572 F.3d 1047 (2009)
City of Canton, Ohio v. Harris 489 U.S. 378 (1989)
Graham v. Connor 490 U.S. 386 (1989)
The job of a law enforcement officer sometimes can be tough. Officer are sometimes plagued with situation that test their ability to enforce the law and maintain order. Police officers today face a constant battle to maintain higher ethical standards. This mission becomes tougher each day when one considers the importance of fighting terrorism, drugs, human trafficking,
Although accountability has always been an issue, the injustices that are currently occurring make it priority. Police officers are getting “special treatment” and are not facing charges for crimes they have committed. Police officers are not held accountable for their a...
There must be limits to these means, officers must adhere to the Law as well or the legal system becomes redundant. The "dir...
Crime is a part of society encompases the news and the public. A variety of studies of media content have estimated that as much as 25 percent of the daily news is devoted to crime (Surette 1992) and that crime is the largest major category of stories in the print and electronic media (Chermak 1994, 103). (Lawrence 18). With crime at an all time high, police are constantly having to deal with more and more issues. This can lead to stressed out and fed up officers, which can lead to poor decisions by an officer. The use of force by police is a highly controversial topic as it raises questions about a government’s ability to use force against its citizens (Lawrence 19). Today’s society is caught up on the ideals of civility and equality before the law, making police use of force a touchy
Law enforcement agencies nationwide have repeatedly been shaken by controversy and forced to make undesirable concessions. Has law enforcement failed to maintain the high standards required by the profession? The cost of public trust is high. It increases each time faith must be regain. Historically, law enforcement agencies throughout the nation have experienced periods of low confidence in communities preceding episodes deemed to be a breach of trust.
Police corruption is a difficult issue cities have to deal with and one of the oldest problems in the police force. Corruption can be defined as the mistreatment of public power for personal benefit or private and the use of excessive force, either emotional or physical. In this essay I will explain in detail federal indictments of Los Angeles County Sheriff officers for mistreatment of jail inmates and visitors. Another topic I will explain is the transfer of Los Angeles County Sheriff hired officers with questionable background. Finally, I will end by analyzing the hiring of new Sheriff deputies under the “Friends of the Sheriff” program.
Police misconduct is as rampant as ever in America, and it has become a fixture of the news cycle. Police brutality is the use of any force exceeding that reasonably necessary to accomplish a lawful police purpose. The media is inevitably drawn toward tales of conflict, hence why there are so many crime and police stories on the news. Despite the increasing frequency of misbehaving cops, many Americans still maintain a high respect for the man in uniform. Still, police misconduct is a systemic problem, not just an anecdotal one. Here are some reasons why it is a problem. First, many departments do not provide adequate training in nonviolent solutions. With this, police are unfamiliar with what to
Everyday law enforcement personal have the possibility to face dangerous events in their daily duties. In performing such duties a police officer could come by a seemingly ordinary task, and in a blink of an eye the event can turn threatening and possible deadly. When or if this happens to an officer they won’t have
As taught in the lectures, it is impossible for police officers to win the war against crime without bending the rules, however when the rules are bent so much that it starts to violate t...
American policing originated from early English law and is profoundly influenced by its history. Early law enforcement in England took on two forms of policing, one of which heavily influenced modern policing and it is known as the watch (Potter, 2013). The watch consisted, at first, of volunteers which had to patrol the streets for any kind of disorder including crime and fire. After men attempted to get out of volunteering by paying others, it became a paid professional position (Walker & Katz, 2012). The three eras of policing in America are shaped by these early ideas and practices of law enforcement. Throughout time, sufficient improvements and advancements have been made from the political era to the professional era and finally the community era which attempts to eliminate corruption, hire qualified officers and create an overall effective law enforcement system.
Cheh, M. "Are lawsuits an answer to police brutality." Police violence: Understanding and controlling police abuse of force (1996): 247-72.
Bibliography Why Good Cops Go Bad. Newsweek, p.18. Carter, David L. (1986). Deviance & Police. Ohio: Anderson Publishing Co. Castaneda, Ruben (1993, Jan. 18). Bearing the Badge of Mistrust. The Washington Post, p.11. Dantzer, Mark L. (1995). Understanding Today's Police. New Jersey: Prentice Hall, Inc. James, George (1993, Mar. 29). Confessions of Corruption. The New York Times, P.8, James, George (1993, Nov. 17). Officials Say Police Corruption is Hard To Stop. The New York times, p.3. Sherman, Lawrence W(1978). Commission Findings. New York Post, P. 28 Walker, J.T. (1992). The police in America, p.243-263, chp. 10, Walker, Samuel (1999).
For years police corruption has been a major problem in American society but where is the line between moral and unethical police corruption, many modern movies address this vary issue. Some films portray how types of police corruption can have a positive influence on society, while others show the dark side of police corruption. Many law enforcement agents join the criminal justice with the basic idea of “justice for all,” however, most of them do not realize that the nice guy doesn’t always win. Even though there are vast amounts of movies which specifically address police corruption we will use three main movies for our argument today, mostly LA Confidential, however, also Training Day.
Time may pass and personal morals may change, but one of the strengths of the United States of America is its unwavering dedication to justice. Throughout time, this country’s methods and laws have grown and adapted, but the basis of the law enforcement’s work has remained the same: the safety and interest of the people.
It is often said that power brings corruption, but in reality it is an individual’s lack of character, self-discipline, and integrity that leads to corruption. Law enforcement can bring many temptations on the job, and maintaining an up most level of personal integrity can often times be very difficult. The very nature of the job surrounds officers with all of the bad things that society, produces. There can be an endless amount of training and rules put into place to try and deter officers from committing unethical acts, but in the end it really just comes down to the specific individual and their willingness to do the right thing.