.

Sunday, January 13, 2019

Controlling Police Through Litigation Essay

legal philosophy departments swig and implement policies and procedures to provide consistency and turn away ambiguity in department practices. These be guide breeds be for staff and police officeholders to follow in a variety of different situations. Police policies and procedures may flip the force of law, or be considered by a move or jury in determine whether an officer acted lawfully in the line of duty. Procedures related to employee actions can as well be dependant to legal scrutiny in some cases. A lack of policies on is challenges involving the community may result in unlawful and inconsistent legal philosophy action. These perverse actions can create a banish reaction deep down the community, and open the legal philosophy officers within the department to legal financial obligation. Michael Lyman quoted arm 1983, Every mortal chthonian illusion of every statute, ordinance, regulation, custom, or usage of every state or territory, subjects, or causes to b e subjected, any citizen of the United States or any opposite soulfulness within the jurisdiction in that respectof to the depravation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the companionship injured in an action at law, suit in equity, or other proper proceeding for redress. (pg. 270)Basically, this means that police officers are prohibited from violating any soulfulnesss accomplished rights. subsection 1983 is a tool for a citizen to use to sue a nonher for a trespass of civil rights. Some elements must be met in order to be subject to indebtedness through Section 1983. First, he confutative liability or violator of Section 1983 must be a person. A police department, state agency, or other legal entity, cannot be subject to liability under the statute. Second, the liable person must have been playacting under the color of authority when the criminate violation took place. A police officer who unlawfully beats a suspect in the commission of an arrest would be acting under the color of law. Finally, the accuser does not have to prove that the person intend to plunder him/her of their Constitutional rights, but only that there was a deprivation.For example, a subject who was beat by a police officer can sue that officer for unjustified force, without proving it was the officers intention to appal his rights, but only that the officer intended to beat him. In some cases an officers supervisor can be held liable because he/she is trusty for the thoughtlessness of that officer. This is known as vicarious liability, or imputed negligence (freedictionary.com). For example, a gang extremity who shoots and kills another person during a hold-up is responsible for the murder, but other gang members may be held vicariously liable for the resembling murder. on that point are several different types of defense for civil suits, and also persons who are immune to the liability in question. There are three types of resistivity, they are unquestioning ohmic resistance, quasi-judicial immunity, and qualified immunity.Michael Lyman lists judges, prosecutors, and legislators, as those who enjoy arbitrary immunity during civil liability suits (Lyman pg. 272). Lyman also reminds us that police officers and witnesses can father absolute immunity while testifying during a criminal trial, but if found providing false testimony, may be charged with perjury. Persons within a department, performing his/her duties as assigned, during the assert time of a Section 1983 violation, and not involved in the violation, obtain quasi-judicial immunity.Quasi-judicial immunity is provided to prosecutors who are actively involved in the trial of a person. Qualified immunity is provided to federal law enforcement officials who are accused of violating laws that have not been clearly established. If a question of liability arises, but a federal law enforcement official is later on found to be acting in an objectively reasonable manner he/she obtains qualified immunity (Lyman pg 273).ReferencesVicarious Liability. (n.d.) tungstens Encyclopedia of American Law, interlingual rendition 2. (2008). Retrieved September 30 2012 from http//legal-dictionary.thefreedictionary.com/Vicarious+liability Lyman, Michael D (2010). The Police An Introduction. New island of Jersey Prentice Hall.

No comments:

Post a Comment