Wednesday, July 17, 2019
Police, Civil Liability and the Law Essay
At the incursion of the 20th century, legal philosophy work keister best be described as very authoritative and carnival play of naturemen or law of nature enforcers were themselves considered the law. Criminality was low principally because of the comparatively stable economy and the population niggardness in cities and urban centers were a blow time, or eventide to a greater extent, than straight off. As figure of authority, the natural law was then looked up to by the citizenry with great respect and even with admiration. by the years, the public image of the constabulary officer is mistrustful.In truth city constabulary departments straight off already employ spokesmen or public comparisons officers to ensure the respectability of the service is protected and preserved. The changes in the plan of practice of law work tremendously changed all(prenominal)place the last century, or to be to a greater extent specific the 25 years. The smudge was brought intimately-nigh by the growing public assured on human rights which is guaranteed no slight by the United Nations. piece of music originally guard training was focused on proper handling of firearms and marksmanships, traffic rules and regulations, straighta bureaus jurisprudence officer should be conscious(p) of every persons human rights.Otherwise he or she may end up in court world sued for urbane indebtedness or damages. Changing Concept on the Police Over the years the law of nature service has to a lower placewent both(prenominal) sort of an evolution. From a strong image of authority, the practice of law has to some extent been compelled to accept the fact that their functions or source of power emanates from the taxpayers who wanted them to be their protectors instead of oppressors. The situation is quite complex. While they stomach the mandate to enforce or implement the laws, the natural law ar being curb by a geartrain of organizelines better k lik e a wisecrackn in their slang as the rules of engagement.They have to comply with the rules in the per chance variableance of their duties because failure to do so could mean suspension or worse dismissal from the service. Unlike before when for instance, a traffic police officer plenty simply issue a character ticket to a motorist who profaned a traffic law todays system places the supposititious beauty on a position of strength. He or she can write on the citation ticket the words low protest to signify the intention to top dog the actuation of the traffic officer for signal him or her for a supposed violation.The situation for policemen whose duties be to die hard after di airing elements or members of the underworld is even more difficult. Unlike before when they would simply fill up a suspected person and have him or her placed under interrogation or tactical questioning, todays detective or police intelligence officer call for to eldest gather substantial proof s or confident(p) eyewitness accounts in nightspot to be able to apply for a apologise of arrest from the court. Down for a supposed violation Because of the complex nature in todays justice system, police work now requires them to be conscious of the civil or human rights of every citizen.Additionally, they also need to be more aw atomic number 18 of the rules of court or run the risk of being rebuffed or they cases they brought up for prosecution or litigation may end up dismissed for all insufficiency of evidence or non-compliance to the rules in effecting or carrying out arrests and raids. The preponderance of coating in the performances of police duties and responsibilities in the enforcement of the laws is so exclamatory that police officers are restricted from conducting investigations or questioning without the presence of the suspects preferred or lawyer of his or her choice.Civil Liability of abusive Members of the Police Department Todays police officers are made b y law liable for their actuations as a result of an alarming pattern of cry they commit in the process of dispensing their duties. mayhap because of media attention or coverage on police work, abuses have eventually been authenticated or difficult to deny as far as the police officer is concern. Every now and then, the public would count on television brutal police handling of suspected offenders. The abuses have bewilder so frequent that the time has now come where victims of police abuse have to get back at them by suing for civil indebtedness or damages.Perhaps, as society experiences new trends in law enforcement more laws to ensure that the power or authority vested in police officers are only used for the public obedient and not make the police as a threat to society itself. By making them civilly liable for spirited handedness in the performance of the laws, police officers will be kept on their toes. Guide to Civil Liability In office of the above positions, it is not able to question a book manual for police officers to consider in the performances of their duties and in relation to their civil liability and the law.In a book entitled The Police incumbents Guide to Civil Liability, Franklin (1993) emphasized the need for law enforcers, police officers in particular, to adhere to a standard guide to enable them to abide by their principles and at the same time uphold the impression of civil liability. Franklin bloodd that due to the increase number of court cases hurled against police officers, thither is also a mounting need to teach these law enforcers on the dynamics of civil law. This is because such(prenominal) training or learning should be innate among police officers and within their profession and in order for them to survive the field (Franklin, 1993).While the mandatory acquaintance on civil liability totally varies from their abilities and expertise which are demand to be alive in a fatal shooting incident, having proficiency a round civil law may quash a devastating possibility or outcome which will ultimate alter the career of the police officer and which is unimpeachably dreadful as any form of shoot-out or gun battle. Additionally, the monetary and activated implications of a civil case are often than not surpass the bodily suffering which is likened to a gun shot wound (Franklin, 1993).The book noted that as professionals, police officers are, in one focussing or the other, are engaged in a civil case. Franklin noted the stress it had inflicted on law enforcers and their respective police departments in general. However, police officers are mum limited with civil law or civil liability trainings which may abet them in their court battles. It is unfortunate to note that a large amount of bills which will be used in the court proceedings as well as many lives of police officers could be saved if only at that place is a provision of civil liability training or training.This is because such ch assis of knowledge created a better and well-prepared police officer who can react to any kind of police situation or in effect carry out his duties to people and the society. Through this training, there will also be a reduction in the possibilities of a defeat in the civil case, and close to importantly, this is the fundamental determining factor for the force and value of police officer and his civil liability training (Franklin, 1993). ConclusionAn increase awareness on the need for police officers to learn and adhere to civil liability in reference to specific laws of the agricultural is a positive effort to undertake. This is because such consciousness will allow police officers to carry out their obligations, in a legal or appropriate manner, without the obstructor of possible civil lawsuit. While there are members of the police force who are undeniably amiss in their profession, it is cum laude to consider that this is not the general view of the police department.Addit ionally, any misconstruction about the police profession may be right in such a way that the police officers are portrayed as important members of the society who are butt against to protect people, property and the society as a whole. Hence, it is just but fair to provide police officers trainings and related way which will enable them to appropriately do to the security or safety requirements of the people. Ultimately, the concept and the need to uphold civil liability will serve as a reminder for police officers that their authority entails responsibility.
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