NCJ Number
13019
Date Published
1974
Length
246 pages
Annotation
DISCUSSION OF CIVIL LIABILITY OF POLICEMEN, SUPERVISORS, AND OTHERS IN THE CRIMINAL JUSTICE SYSTEM - JAILERS, GUARDS, WARDENS, NATIONAL GUARDSMEN, AND PRIVATE POLICE.
Abstract
ACCUSATIONS OF FALSE ARREST, UNNECESSARY FORCE, IMPROPER TRAINING, AND DEPRIVATION OF CONSTITUTIONAL RIGHTS EMERGE AS AN EPIDEMIC OF LAWSUITS AGAINST PERSONS IN THE CRIMINAL JUSTICE SYSTEM. THE MATERIAL IS INTENDED FOR LAW ENFORCEMENT PROFESSIONALS AND CAN SERVE AS A GUIDE FOR DEVELOPING DEPARTMENTAL PROCEDURES TO PROTECT OFFICERS FROM ADVERSE JUDGEMENTS, AS WELL AS A TEXT IN CLASSES ON CIVIL LIABILITY. PART ONE EXPLAINS COURT PROCEDURES AND LEGAL CONCEPTS WITHIN THE FRAMEWORK OF CIVIL ACTIONS. IN PART TWO, EACH CHAPTER BEGINS WITH A SHORT STATEMENT OF CIVIL LAW IN RELATION TO A PARTICULAR LAW ENFORCEMENT ACTIVITY. INCIDENTS WHICH GENERATE LAWSUITS ARE DETAILED. THE CASES ANALYZED ARE BOTH THOSE IN WHICH FAULT WAS FOUND AND THOSE THAT WERE SUCCESSFULLY DEFENDED. THE RELATED JUDICIAL DECISIONS ILLUSTRATE THE PATTERN FOLLOWED BY JUDGES IN EVOLVING RULES OF LIABILITY AND DEMONSTRATE WHICH BEHAVIOR RESULTS IN RESPONSIBILITY AND WHICH IN EXONERATION. PART THREE PROPOSES ALTERNATIVES TO CIVIL LIABILITY - COMPLAINT HANDLING MECHANISMS OUTSIDE THE COURTROOM, BETTER PERSONNEL SELECTION AND EDUCATION OF OFFICERS. EXAMPLES OF RELEVANT CONSTITUTIONAL PROVISIONS AND STATUTES ARE INCLUDED IN THE APPENDIX AND DEFINITIONS OF LEGAL TERMS ARE LISTED IN THE GLOSSARY. THE BOOK EXAMINES FACTUAL SITUATIONS AND STATUTES AND PREDICTS FUTURE IN LITIGATION. BY STUDYING CONDUCT WHICH HAS LED TO DAMAGES, AND BY PROBING VALID DEFENSES, LAW ENFORCEMENT PROFESSIONALS CAN LEARN THE LEGITIMATE TECHNIQUES OF LIABILITY -AVOIDANCE. (SNI ABSTRACT)