Week3 discussion 1
Limitingthe Liability
Conduct research on the impact police liability has on law enforcement policiesand procedures through the Internet and the Ashford Online Library. Then, basedupon the assigned readings and your own research, discuss the following:
- How are these types of policies and procedures, whichlimit liability, developed within departments?
- Research and analyze two (2) statutes (state orfederal) addressing law enforcement liability and/or their ability toconduct law enforcement activities.
- Assess two (2) available options for limiting thedepartment or agency’s liability.
- How would these options affect law enforcementeffectiveness?
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Policiesand procedures can limit liability in a variety of ways. In addition to usingpolicies and procedures to limit liability, police departments can use riskmanagement models and legal advisors. Not only would there be a reduction ofliability within an agency, the officer’s accountability would be increased(Archbold, 2004). The use of risk management enables an organization to withany potential risks that may be a result of a dangerous situation. As for usinglegal advisors, they would help the organization to be efficient in theirtraining and while they are carrying out a procedure (Archbold, 2004). The twostatutes that I found and would address the topic of law enforcement liabilityare Title 18 USC Section 241 and 242, along with Title 42, USC Section 1983.Title 18 USC Section 241 states, “If two or more persons conspire to injure,oppress, threaten, or intimidate any person in any State, Territory,Commonwealth, Possession, or District in the free exercise or enjoyment of anyright or privilege secured to him by the Constitution…they shall be fined underthis title or imprisoned not more than 10 years (18 U.S. Code § 241,2015). As for Title 18 USC Section 242 can be summarized as anyone who isacting under the law and deprives an individual of their rights, they will befined or imprisoned (18 U.S. Code § 242 , 2015). Lastly, Title 42 USC Section1983 enables citizens to file a lawsuit because they have been deprived oftheir rights.
Thereare many ways that a department could limit their liability. For example,officers could be required to use a recorder whenever they come in contact withanother individual, document each case thoroughly, and follow their trainingand the policies that have been put in place. These options would improve theeffectiveness because the department would be able to show proof of theofficer’s actions and it would match what has been written in the officer’sreport.
18 U.S. Code § 241. (2015). Retrievedfrom Legal Information Institute: https://www.law.cornell.edu/uscode/text/18/241
18 U.S. Code § 242 . (2015). Retrievedfrom Legal Information Institute:https://www.law.cornell.edu/uscode/text/18/242
Archbold, C. (2004). PoliceAccoutability, Risk Management, and Legal Advising. New York: LFB ScholarlyPublishing LLC. Retrieved fromhttp://site.ebrary.com.proxy-library.ashford.edu/lib/ashford/reader.action?docID=10080026
