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Limiting the Liability


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 enforcement activities.  

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 effectiveness?

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. n.d. pr.1).

Each and 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).

References

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


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