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Week 3 discussion 1

Limiting the Liability

Conduct research on the impact police liability has on law enforcement policies and procedures through the Internet and the Ashford Online Library. Then, based upon the assigned readings and your own research, discuss the following:

  • 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.  
  • Assess two (2) available options for limiting the department or agency’s liability.  
  • How would these options affect law enforcement effectiveness?

Our discussion first. The individuals response, need the bad and good of post, list reference

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Policies and procedures can limit liability in a variety of ways. In addition to using policies and procedures to limit liability, police departments can use risk management models and legal advisors. Not only would there be a reduction of liability within an agency, the officer’s accountability would be increased (Archbold, 2004). The use of risk management enables an organization to with any potential risks that may be a result of a dangerous situation. As for using legal advisors, they would help the organization to be efficient in their training and while they are carrying out a procedure (Archbold, 2004). The two statutes that I found and would address the topic of law enforcement liability are 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 any right or privilege secured to him by the Constitution…they shall be fined under this 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 is acting under the law and deprives an individual of their rights, they will be fined or imprisoned (18 U.S. Code § 242 , 2015). Lastly, Title 42 USC Section 1983 enables citizens to file a lawsuit because they have been deprived of their rights.

There are many ways that a department could limit their liability. For example, officers could be required to use a recorder whenever they come in contact with another individual, document each case thoroughly, and follow their training and the policies that have been put in place. These options would improve the effectiveness because the department would be able to show proof of the officer’s actions and it would match what has been written in the officer’s report.

18 U.S. Code § 241. (2015). Retrieved from Legal Information Institute: https://www.law.cornell.edu/uscode/text/18/241

18 U.S. Code § 242 . (2015). Retrieved from Legal Information Institute: https://www.law.cornell.edu/uscode/text/18/242

Archbold, C. (2004). Police Accoutability, Risk Management, and Legal Advising. New York: LFB Scholarly Publishing LLC. Retrieved from http://site.ebrary.com.proxy-library.ashford.edu/lib/ashford/reader.action?docID=10080026

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