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Police Civil Liability

Author: Victor E. Kappeler
Publisher: Waveland PressInc
ISBN: 9781577664420
Size: 64.97 MB
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"The thirty-five Supreme Court cases in the second edition provide a solid, accessible foundation for understanding civil liability law and its impact on policing operations and management. This resource also includes a brief review of the basics of judicial reasoning and a short introduction on how to brief cases. These materials and the discussion questions at the end of each section help readers understand the process of legal inquiry and analysis and the changing nature of police civil liability law."--BOOK JACKET.

Critical Issues In Police Civil Liability

Author: Victor E. Kappeler
Publisher: Waveland Press
ISBN: 1478609192
Size: 48.12 MB
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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.

Briefs Of Leading Cases In Law Enforcement

Author: Rolando V. del Carmen
Publisher: Routledge
ISBN: 1317203100
Size: 61.26 MB
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Briefs of Leading Cases in Law Enforcement, Ninth Edition, offers extensive updates on the leading Supreme Court cases impacting law enforcement in the United States, creating a must-have reference for police officers to stay up-to-date and have a strong understanding of the law and their function within it. All cases are briefed in a common format to allow for comparisons among cases and include facts, relevant issues, and the Court’s decision and reasoning. The significance of each case is also explained, making clear its impact on citizens and law enforcement. The book provides students and practitioners with historical and social context for their role in criminal justice and the legal guidelines that should be followed in day-to-day policing activities. Two new chapters have been added on Searches by Dogs (featuring United States v. Place, Illinois v. Caballes, Florida v. Harris, and Florida v. Jardines) and Computer/Cell Phone Searches (featuring Riley v. California). Additional new cases include: • In Chapter 4, covering Arrests and Other Seizures of Persons: Bailey v. United States • In Chapter 5, covering Seizures of Things: Missouri v. McNeely and Maryland v. King • In Chapter 6, covering Searches in General: Kentucky v. King • In Chapter 8, covering Searches With Consent: Fernandez v. California • In Chapter 9, covering Vehicle Stops and Searches: Navarette v. California • In Chapter 12, covering Electronic Surveillance: United States v. Jones • In Chapter 16, covering, Use of Force: Plumhoff v. Rickard • In Chapter 17, covering Confessions and Admissions: Cases Affirming Miranda: J.D.B v. North Carolina • In Chapter 18, covering Confessions and Admissions: Cases Weakening Miranda: Salinas v. Texas • In Chapter 23, covering Legal Liabilities: Messerschmidt v. Millender

Civil Liability In Criminal Justice

Author: Darrell L. Ross
Publisher: Routledge
ISBN: 1351062646
Size: 72.55 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.

Police Liability And Risk Management

Author: Robert J Girod
Publisher: CRC Press
ISBN: 1466593121
Size: 76.80 MB
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Law enforcement agencies and their employees are continually at risk for potential liability related to torts, civil rights violations, and employment law issues. Litigation may involve suits by the public against officers and the administration, actions by the administration against officers, or actions by officers against the administration or members of the public they serve. Knowledge of these risks and understanding how they arise are essential to law enforcement officers, administrators, and their legal counsel. Police Liability and Risk Management: Torts, Civil Rights, and Employment Law is written by an attorney and a 34-year law enforcement veteran who knows his way around the streets and the courtroom. Dr. Robert J. Girod combines decades of teaching and practical experience with legal and academic education to compile this practical source of case law and risk management principles. The book is designed to help law enforcement professionals reduce police liability and avoid the risk of litigation—or, in the event a lawsuit does arise—to manage liability and defend themselves. In our litigious society, suits involving the law enforcement community are becoming a more common occurrence and can destroy an officer’s career or cast a pall on an entire department. By understanding the laws governing these types of issues, law enforcement professionals are better able to monitor the sources of liability and implement risk management strategies to shield their policies, practices, procedures, and protocols from the danger of liability.

Cases And Problems In Criminal Procedure The Police

Author: Myron Moskovitz
Publisher: LexisNexis
ISBN: 1630430528
Size: 44.54 MB
Format: PDF, Kindle
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This unique coursebook attempts to recreate for law students the experience that lawyers have when analyzing the procedural issues involved in the investigatory phase of a criminal case. This approach not only enhances learning but also makes learning enjoyable since students get to play lawyer. At the outset of each chapter, a complex problem is presented in the form of a memo to a law clerk working in a variety of settings (reporting to a public defender, prosecutor, judge or private criminal defense attorney). The problem is followed by the research tools--relevant cases and statutes--necessary to solve the problem. Notes follow many cases, suggesting to students how the cases might be used to analyze the problem. They also contain summaries of recent cases which may give students a broader perspective on how courts are handling the issues raised by the main cases. This book focuses on criminal procedure under the United States Constitution. Cases are edited sparingly, and many dissents and concurring opinions are included. The cases are presented in chronological order within a topic so that students can see how doctrines or laws developed historically. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Legal Guide For Police

Author: Jeffery T. Walker
Publisher: Routledge
ISBN: 1317533100
Size: 21.70 MB
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Legal Guide for Police, 10th edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop a modern understanding of the law. Authors Walker and Hemmens have added introductory and summary chapters to this edition, which aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2013 term of court. Among the important new cases covered are: Bailey v. United States (2013), Berghuis v. Thompkins (2010), Kentucky v. King (2010), Maryland v. King (2013), and Michigan v. Bryant (2011). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.

Private Security And The Law

Author: Charles Nemeth
Publisher: Elsevier
ISBN: 0080525091
Size: 21.10 MB
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Private Security and the Law, Third Edition is a textbook analysis of significant practices in the security industry that relate to law, regulation, licensure and constitutional dilemmas according to case and statutory authority. It is a treatise on the state of the law that governs the security industry and its operatives. The book fills the void that an increasing number of institutions are seeking as they expand their security programs in response to the growing demand for security education. This book delivers up to date information on the legal requirements witnessed by most security firms. It also explores the liability problems common to security operations, including negligence and tortious liability, civil actions commonly litigated, and strategies to avoid troublesome causes of action that effect business efficiency. From another angle, the work examines the constitutional and due process dimensions of private security work and affords the reader a look at how case law applies certain remedies to wronged parties. Recent cases, and the trends sure to follow, are highlighted throughout the text. Finally, the text is filled with checklists, data and other useful information that aids the security practitioner in applying theory to practice. This book will appeal to students in security and criminal justice programs; private security consultants; corporate security managers; and lawyers. * Up to date case law analysis provides cutting edge legal treatment of evolving standards * Complicated material is presented in a down-to-earth, readable style, perfect for the student of security or security professional * Over 200 tables and illustrations allow the reader speedy access to precise data

Criminal Law And Procedure Cases And Materials Casebookplus

Author: Donald Dripps
Publisher: Foundation Press
ISBN: 9781683284666
Size: 31.14 MB
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The thirteenth edition continues the book's commitment to offering the most comprehensive, rigorous, and flexible materials on the American criminal process. With respect to the substantive criminal law, the new edition includes: Full case treatment of Johnson v. United States, illustrating the Supreme Court's current approach to the void-for-vagueness doctrine, and giving the clearest expression yet of the doctrine's constitutional foundations; Full case treatment of Elonis v. United States, 575 U.S. ___ (2015), illuminating the Supreme Court's current approach to imputing mental states when statutes are silent or unclear; Full case treatment of Rosemond v. United States, 572 U.S. ___ (2014) , illuminating the Supreme Court's current approach to the mens rea for complicity liability; Full case treatment of Hurst v. Florida, 136 S.Ct. 616 (2016), holding the Florida system of advisory jury verdicts in capital cases violates the Sixth Amendment; The substantive provisions of the American Law Institute's Project on Sexual and Related Offenses, Tentative Draft No. 2 (April 15, 2016), proposing, inter alia, a manifested "willingness" definition of consent and recognition of a felony offense for sexual penetration by an actor who knows, or consciously disregards a substantial risk, that the victim has not consented; Full case treatment of State v. J.W., Jr., 181 Wa.2d 757 (2014), holding the Washington practice of putting the burden of proof on the consent issue in rape cases on the defense violates due process; Extensive extracts from the Justice Department's memorandum explaining the decision not to bring federal civil rights charges against Officer Darren Wilson in the case involving the death of Michael Brown in Ferguson, Mo. With respect to criminal procedure, the new edition includes: Full case treatment of Riley v. California, 573 U.S. ___ (2014), summarizing search-incident-to-arrest doctrine and excluding cell phones from warrantless search incident to arrest, A thoroughly revised section on constitutional remedies in police practices cases, Illustrating the exceptions to the exclusionary rule with United States v. Rose, 613 Fed. Appx. 125 (3d Cir. 2015), a case giving a good illustration of the standing doctrine; and Utah v. Strieff, 2016 WL 3369419 (U.S. 2016), a case illustrating the Court's antipathy toward the exclusionary rule and analyzing the causation-based exceptions such as attenuation, inevitable discovery, and independent source; and The text of 42 U.S.C. �14141 and extensive excerpts from the consent decree regarding the New Orleans Police Department, entered between the Justice Department and the City of New Orleans in 2012.

Criminal Law

Author: John Kaplan
Publisher: Wolters Kluwer Law & Business
ISBN: 1454881704
Size: 40.68 MB
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Criminal Law: Cases and Materials, Eighth Edition is written by a well-respected authorship team that provides comprehensive examination of criminal law under both the Model Penal Code and common law. Interspersed with thoughtful excerpts that provide social, political, and criminological background the black letter law, this casebook focuses on an interdisciplinary approach that provides a useful starting point for classroom discussion. The eighth edition has been updated to provide coverage of recent changes in the law, especially in the areas of sentencing and the Eighth Amendment, and includes notes and questions, making the book more useful for exam preparation. Features: Improvements in the Teacher’s Manual designed to make casebook accessible and useful for new professors Updated to provide coverage of recent changes in the law, especially in the areas of sentencing and the Eighth Amendment Updated notes and questions making book more useful for exam preparation