Civil Liability In Criminal Justice

Author: Darrell L. Ross
Publisher: Routledge
ISBN: 1351062646
Size: 44.11 MB
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The increasing litigation against criminal justice practitioners in the United States poses a significant problem for law enforcement and other personnel. Law enforcement and corrections professionals need to have a working knowledge of both criminal law and the civil law process to ensure that they are performing their duties within the limits of the law.?Civil Liability in Criminal Justice, 7th?Edition, provides valuable information and recommendations to current and future officers and correctional system employees, introducing them to civil liability and federal law, as well as recommending strategies that can be taken to minimize risks. Civil Liability in Criminal Justice?is unique in its combination of applicable case law and related liability research, while still providing an overview of current case law in high-liability areas. This new edition, revised to include?up-to-date United States Supreme Court cases, including liability trends on the use of force, arrest-related deaths, custodial suicides in detention, qualified immunity, and the outcomes of the Department of Justice and the application of Section 14141, additional context for liability issues, and extended coverage of collective bargaining and public perception, is a valuable resource for enhancing student knowledge and practitioner job performance. The text is suitable for undergraduate and graduate courses in Criminal Justice programs as well as for in-service and academy training. Ross offers an engaging, accessible introduction to this aspect of the US criminal justice system.

Civil Liability In Criminal Justice

Author: H. E. Barrineau
Publisher:
ISBN: 9780870840951
Size: 29.99 MB
Format: PDF, Kindle
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The number of lawsuits alleging misconduct on the part of criminal justice practitioners has increased in recent years, and the rise in the number of civil liability suits has profound implications for individual practitioners and their employing agencies. Criminal justice practitioners will undoubtedly continue to be sued due to the nature of their jobs. Law enforcement personnel place individuals in custody and often use force, sometimes deadly force, in performing their duties. Jail and correctional personnel impose limits on an individual's freedom of movement, and probation and parole officers also exercise considerable control over client lives. Although most criminal justice practitioners have a vague understanding that they can be sued, few have real knowledge of their potential civil liability. Civil liability is complex and varies according to jurisdiction, and developments in Federal law have greatly expanded the scope of civil liability. Local governments can now be held liable for the conduct of police officers and jail personnel. In addition, sheriffs, police chiefs, and mid- level supervisors can be held personally liable for the conduct of their subordinates. The author discusses civil liability in terms of differences between civil and criminal law and defines types of civil or tort actions that can be taken against criminal justice practitioners. The author also considers specific cases brought against criminal justice practitioners, administrators, supervisors, and agencies. Viable defenses available to criminal justice practitioners and agencies are described, as well as provisions of U.S. Code Section 1983 under which most lawsuits are brought in Federal court.

Civil Liability In Criminal Justice

Author: CTI Reviews
Publisher: Cram101 Textbook Reviews
ISBN: 1478457457
Size: 76.64 MB
Format: PDF
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Facts101 is your complete guide to Civil Liability in Criminal Justice. In this book, you will learn topics such as as those in your book plus much more. With key features such as key terms, people and places, Facts101 gives you all the information you need to prepare for your next exam. Our practice tests are specific to the textbook and we have designed tools to make the most of your limited study time.

Constitutional Law And Criminal Justice Second Edition

Author: Cliff Roberson
Publisher: CRC Press
ISBN: 1498721206
Size: 78.18 MB
Format: PDF, ePub, Mobi
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Illuminating concepts in plain language, eliminating unnecessary legal jargon, and clarifying nuances in the law, this new edition of Constitutional Law and Criminal Justice simplifies understanding of the United States judicial system for those without advanced legal training. It also provides a much-needed update by including decisions by the Supreme Court of the United States since the first edition as well as a discussion on the current makeup and policy of the Supreme Court. The Second Edition includes: Learning objectives added to each chapter An extended discussion on the issue of "Does the United States have an unwritten constitution in addition to a written one?" Summary outlines of recent Supreme Court decisions Revisions to all chapters in accordance with Supreme Court decisions since the first edition Edits to cases and excerpts to enhance understanding of the material A summary added to each chapter The book begins with an overview of the Bill of Rights, followed by an examination of the components of the judiciary. It moves on to a discussion of due process, the First, Fourth, Fifth, Sixth, and Eighth Amendments, and the exclusionary rule. Additional chapters address civil liability and the criminal justice professional as well as the impact of terrorism on the right of habeas corpus. Review questions and relevant cases in each chapter illustrate legal applications of each topic. With a balanced approach of illustration, clarity, and conciseness, Constitutional Law and Criminal Justice, Second Edition is a remarkable improvement upon its predecessor. It gives you the key information to understand the most important issues regarding the Constitution and its application in the judicial system.

Community Policing

Author: Victor E. Kappeler
Publisher: Routledge
ISBN: 1317531264
Size: 70.79 MB
Format: PDF, ePub
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Community policing is a philosophy and organizational strategy that expands the traditional police mandate of fighting crime to include forming partnerships with citizenry that endorse mutual support and participation. The first textbook of its kind, Community Policing: A Contemporary Perspective delineates this progressive approach, combining the accrued wisdom and experience of its established authors with the latest research-based insights to help students apply what is on the page to the world beyond. This seventh edition extends the road map presented by Robert Trojanowicz, the father of community policing, and brings it into contemporary focus. The text has been revised throughout to include the most current developments in the field, including "Spotlight on Community Policing Practice" features that focus on real-life community policing programs in various cities as well as problem-solving case studies. Also assisting the reader in understanding the material are Learning Objectives, Key Terms, and Discussion Questions, in addition to numerous links to resources outside the text. A glossary and an appendix, "The Ten Principles of Community Policing," further enhance learning of the material.

Critical Issues In Police Civil Liability

Author: Victor E. Kappeler
Publisher: Waveland Press
ISBN: 1478609192
Size: 47.46 MB
Format: PDF
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Building on the strength of previous editions, the fourth edition presents a well-conceived, clearly stated analysis of complex issues confronting law enforcement officers and administrators. Law enforcement duties sometimes place police officers in vulnerable positions regarding their legal obligations and expose them to charges of misconduct. Civil liability is an extremely expensive proposition for police officers, law enforcement agencies, governments, andultimatelytaxpayers. Although substantial resources are often expended by the justice system to resolve liability cases, there are benefits to citizens. When the government assumes the responsibility to provide service or to protect the public, people injured by inadequate performance of those responsibilities deserve compensation; innocent parties who suffer injury should have an avenue for redress. The potential for litigation has been an impetus for better training and more responsible practices. Another excellent resource on the topic, Kappelers edited volume of Supreme Court cases, Police Civil Liability, Second Edition, allows students to understand firsthand the legal reasoning behind Court decisions dealing with these same issues.

European Criminal Justice And Policy

Author: Marc Cools
Publisher: Maklu
ISBN: 9046605426
Size: 57.64 MB
Format: PDF, ePub
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Reviewing European policy with respect to different phases in the criminal justice chain, the contributions in this book range from looking into the extension of criminalization in the sphere of trafficking in human beings and labor exploitation, to the operability of cross-border execution of sentences involving deprivation of liberty. Most contributions look into the need to develop a conceptual framework to support future policy making, pointing to the lack thereof with respect to liability of legal persons, ne bis in idem as an EU principle, cross-border effect of disqualifications, and cooperation with private security actors. One essay looks into the public expenditure in different phases of the criminal justice chain, based on a case study on the public expenditure of Belgian drug policy. Additionally, from a historical and comparative perspective, the book analyzes specific European and Chinese interrogation rules to provide a solid context for the current situation and to support future legal reforms. (Series: Governance of Security (GofS) Research Paper - Vol. 7)

Miscarriages Of Justice

Author: Brent E. Turvey
Publisher: Academic Press
ISBN: 0124095283
Size: 51.14 MB
Format: PDF, Mobi
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Miscarriages of justice are a regular occurrence in the criminal justice system, which is characterized by government agencies that are understaffed, underfunded, and undertrained across the board. We know this because, every week, DNA testing and innocence projects across the United States help to identify and eventually overturn wrongful convictions. As a result, the exonerated go free and the stage is set for addressing criminal and civil liability. Criminal justice students and professionals therefore have a need to be made aware of the miscarriage problem as a threshold issue. They need to know what a miscarriage of justice looks like, how to recognize it's many forms, and what their duty of care might be in terms of prevention. They also need to appreciate that identifying miscarriages, and ensuring legal remedy, is an important function of the system that must be honored by all criminal justice professionals. The purpose of this textbook is to move beyond the law review, casebook, and true crime publications that comprise the majority of miscarriage literature. While informative, they are not designed for teaching students in a classroom setting. This text is written for use at the undergraduate level in journalism, sociology, criminology and criminal justice programs - to introduce college students to the miscarriage phenomenon in a structured fashion. The language is more broadly accessible than can be found in legal texts, and the coverage is multidisciplinary. Miscarriages of Justice: Actual Innocence, Forensic Evidence, and the Law focuses on the variety of miscarriages issues in the United States legal system. Written by leaders in the field, it is particularly valuable to forensic scientists and attorneys evaluating evidence or preparing for trial or appeal in cases where faulty evidence features prominently. It is also of value to those interested in developing arguments for miscarriage in post-conviction review of criminal cases. Chapters focus specifically on issues of law enforcement bias and corruption; false confessions; ineffective counsel and prosecutorial misconduct; forensic fraud; and more. The book closes by examining innocence projects and commissions, and civil remedies for the wrongfully convicted. This text ultimately presents the issue of miscarriages as a systemic and multi-disciplinary criminal justice issue. It provides perspectives from within the professional CJ community, and it serves as warning to future professionals about the dangers and consequences of apathy, incompetence, and neglect. Consequently, it can be used by any CJ educator to introduce any group of CJ students to the problem. Written by practicing criminal justice professionals in plain language for undergraduate students Covers multiple perspectives across the criminal justice system Informed by experience working for Innocence Projects across the United States to achieve successful exonerations Topical case examples to facilitate teaching and learning Companion website featuring Discussion topics, Exam questions and PowerPoint slides: http://textbooks.elsevier.com/web/Manuals.aspx?isbn=9780124115583

Corporate Criminal Liability

Author: Mark Pieth
Publisher: Springer Science & Business Media
ISBN: 9789400706743
Size: 10.26 MB
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With industrialization and globalization, corporations acquired the capacity to influence social life for good or for ill. Yet, corporations are not traditional objects of criminal law. Justified by notions of personal moral guilt, criminal norms have been judged inapplicable to fictional persons, who ‘think’ and ‘act’ through human beings. The expansion of new corporate criminal liability (CCL) laws since the mid-1990s challenges this assumption. Our volume surveys current practice on CCL in 15 civil and common law jurisdictions, exploring the legal conditions for liability, the principles and options for sanctioning, and the procedures for investigating, charging and trying corporate offenders. It considers whether municipal CCL laws are converging around the notion of ‘corporate culture’, and, in any case, the implications of CCL for those charged with keeping corporations, and other legal entities, out of trouble.