the Liability week 3
How are these types of policies and
procedures, which limit liability, developed
Research and analyze two (2)
statutes state or federal addressing law enforcement liability and/or their
ability to conduct law enforcement activities
Please look over and double check to
see that the question in bold is answered, other two in italic are covered. You
can make any changes to make it sound better thanks and needs to be good thanks
. Assess two
(2) available options for limiting the department or agency’s liability.
How would these options affect law enforcement
The earliest code of laws was the Code of Hammurabi, no exceptions
were made as the laws were posted so everyone could see. The Magna Carta significant regarding due
process of law the police need to obey the U.S Constitution of there respective
states. Police need to consider the oath they take. As officers who do honor
the oath receive respect from the public and minimize the chance for any
complaints made against them.
Laws are important as they help people create a
society where there is order. As stated by O’Keefe (2004) “If we did not have
laws. a social structure would emerge where the strong would dominate
the weak, the intelligent would take advantage of the not-so-intelligent, the
rich would control all the resources and exploit the poor, and any possible
notion of equality or justice would be only an illusion” (p.89). A few key amendments are first, fourth, fifth, and sixth amendments
regarding legal authority and police limitations,
Law enforcement is loaded with standards,
regulations, policies, techniques, rules and mandates. Numerous offices have
volumes of manuals spelling out in extraordinary detail each possible
assignment that their officers may be obliged to face. Bigger agencies for the
most part have more written directives , however, all organizations have all
that anyone could need to fill a small notebook, Clearly one of the purposes behind this is to
give direction and bearing to the tens, hundreds, even a thousands of officers
that complete their allocated obligations consistently. Another critical reason
is in an effect by organizations to decrease their exposure to liability, which
seemingly exists every step of the way (Chief Zook, n.d. par.1).
every other day police men and women decide and take action while balancing
competing and conflicting values and interest. Most of the times they do this
with inaccurate information or even information that is not complete. The
people be acted upon are mostly with high emotions at that particular time and
hence the police are under high pressure. There are policies and procedures the
police need to implement. To do this they need to be able to readily recognize
ethical problem or dilemma to be able to make a rational and ethically sound
choice of which option to choose.
this policies limit liability, there are various measures that need to be taken
to develop proper policies and procedures. Identifying who will take
responsibility is one of the measures that need to be taken. This can be done
by delegating responsibility to a particular person or a particular group
according to the expertise required. Identifying the need of the policy is also
crucial this is done especially on response to a particular issue.
The ability to conduct any law
enforcement activity is limited by the law. For any police officer to enforce
the law, the rule of law must be followed.
The police must know what to do in areas where state or federal law is
not applied. However, law enforcement must take place everywhere.
There are different options that can
be used to enforce the law limiting the departments or agency’s liability one
such option is out of court agreement or mediation. The agency can opt to go
that way instead of going to court. This way a lot of time is saved and a lot
of finances as well. The other option is arbitration this is where a dispute is
submitted ti a third party. The party should be unbiased a decision is reached
after a hearing and compliance is expected.
options however would affect the effectiveness of law enforcement. One common
problem that may come up is lack of compliance, when one party fails to comply.
Such an even may lead to a party not accepting liability which may lead to
going to court, which was the idea that was not wanted (Sido, & Cushman,
to O’Keefe, (2004) “Police
departments can either pay now for the effective education and training of
their police officers or pay significantly more later for the civil judgments
imposed on them for the mistakes of their members” (p.111). My opinion is law enforcement has a tuff job
to do. There is so many laws, rules, and regulations they need to follow.
As far as liability
O’Keefe, J. (2004). Protecting the
republic: The education and training of American police officers. Upper
Saddle River, NJ: Pearson Education, Inc.
Sido, K. R., & Cushman, R. F. (2006). Architect
and engineer liability: Claims against design
professionals. New York: Aspen Publishers.
Chief Zook L. (n.d.). [PDF] Reducing Law
Enforcement Liability - Institute ... Retrieved from
www.icje.org/articles/ReducingLawEnforcementLiability.pdf - Similar
The Importance of Focused
Policy in Modern Polici...
to The Importance of Focused Policy in Modern Polici...
Two of the most pervasive and
important issues facing police agencies and their ... The results
generally reveal that many police departments and ... increasing the
potential for other than safe and appropriate resolutions to these types
of situations. Focused policies and procedures need to be developed,
taught and, more.
this reference is to help answer the question in bold but it needs apa