How are these types of policies and
procedures, which limit liability, developed within departments?
Research and analyze two (2) statutes (state or federal)
addressing law enforcement liability and/or their ability to conduct law
Please make sure the top two questions are
answered. the bottom two are answered, list references make any changes is there a need to talk about the first fourth or fifth amendments or the constitution thanks
Assess two (2) available options for limiting the department
or agency’s liability.
How would these options affect law enforcement
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 L.
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.
Some of 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 not sure what is meant by this
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.
The both 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, 2006).
According 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).
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