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Police Operations

Chapter 14-Liability and Ethics: Is it Legal? Is it Moral?

QuestionAnswer
The threat of a lawsuit may influence an officer's decisions, has caused officer to hesitate in acting, resulting in their deaths, and resulting in civil lawsuits.
Moral principles can be established by individuals, a religious body or a particular culture.
The largest number of lawsuits filed against the police are for false arrest and imprisionment
The Civil Rights Act was passed after the Civil War.
When officers follow the "letter of the law," they consider the law black and white.
Claims of false imprisonment often arise in cases involving shoplifting, drunk and disorderly arrests, and warrant less arrests under pro-arrest domestic violence statutes.
Negligent killings usually arise in shooting to strike a motor vehicle and striking a passenger, accidentally shooting a bystander, firing warning shops, poor aim when shooting a suspect.
_________established that police officers could be held liable for using excessive force. Graham v. Connor
______involved failure to respond to call for assistance. Thurman v. City of Torrington
Reducing the risk of civil liability requires effective policies and procedures clearly communicated to all.
There are approximately_______civil suits filed against law enforcement each year. 30,000
According to Alpert and Noble, lies may be justified by investigative necessity include presenting a suspect with false evidence
The normal defenses used by police supervisors, departments,and municipalities being sued include did not intend to deprive the plaintiff of constitutional rights, acted in good faith,with reasonable judgement and valid authority.
According to Alpert and Noble, police are allowed to be dishonest ______________ during interrogation.
Arguments for banning gratuities include the acceptance of gratuities violates most department's policies.
Officers with good work records may slip into a mode of corrupt behavior because of ego, exercise of power, tolerance of behavior by the community and inadequate supervision.
A lie under oath is know as perjury
A duty to disclose evidence was established in the landmark case Brady v. Maryland
When a person feels wronged by someone and is seeking redress in the form of monetary remuneration, is called civil action
Unethical deception might include each of the following "testilying," failure to reveal exculpatory evidence, creating false evidence implicating someone in a criminal act.
When a police supervisor is sued because of what a victim believes is negligence in giving discretion to a subordinate, this type of lawsuit is called vicarious liability
The following is not a rational police might make to justify unethical behavior The law does not apply to me-I am a police officer
A proceeding where criminal charges are brought to harm someone with no legal justification is know as malicious prosecution
Deadly force can be used only if The officer's personal safety or the safety of others is in jeopardy
A civil wrongdoing is called a tort
A collective deep pocket refers to suing everyone involved.
If a police officer makes untrue, disparaging statements about a person in public, that officer can be sued for slander
Officers can be sued by three means: torts, strict liability and negligence
A prosecutor is required to notify the defense if the potential witness is a police officer with a past record of falsifying reports or other conduct impacting truthfulness Giglio doctirne
"No pursuit" policies have been adopted by many agencies because liability concerns
Use-of-force reports are important in establishing the officer's reasonableness
The act that was designed to prevent the abuse of constitutional rights by officers who "under the color of state law" deny defendant those rights is The Civil Right Act
To minimize lawsuits at the personal level, officers should be familiar with department policies and procedures,remain in the scope of their duties, remain professional and properly document activities.
A basic ethics test is to ask Am I doing the right thing? Would I like to see this in the news?and Am I doing this for the right reason?
Created by: Jalessi
 

 



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