NCJ Number
193356
Date Published
2002
Length
17 pages
Annotation
In this chapter, the effects of potential civil litigation on a uniformed officer’s ability to make decisions when conducting an arrest are examined.
Abstract
An examination of the attitudes of police officers on the threat of civil liability potential and probable cause arrests was conducted on 711 sworn officers from 21 police agencies in all 50 States through the use of a questionnaire. This study attempted to examine how the possibility of litigation may cause an officer to question his or her abilities, second-guess decisions, and hesitate before taking appropriate police action. The possible threat of litigation might be translated into poor police service, potentially comprising public safety. Findings indicated that an officer’s becoming a defendant in a civil liability suit interfered with his/her decision to conduct a probable cause arrest of an offender. Officers were more likely to arrest individuals who were less likely than other offenders to bring a suit against them. The picture that was visible was that officers were more concerned with the potential of personal litigation than in controlling societal crime. Study limitations were presented and future research was recommended on the relationship between the threat of civil liability in previous years and the current threat of civil liability in today’s world of policing. References